SB473: Bill Text

SB473,31,21 769.506 (1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in subch. VI, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

SB473, s. 119 Section 119. 769.507 (1) of the statutes is amended to read:

SB473,32,2 769.507 (1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

SB473, s. 120 Section 120. Subchapter VI (title) of chapter 769 [precedes 769.601] of the statutes is amended to read:

SB473,32,5 CHAPTER 769

SB473,32,6 SUBCHAPTER VI

SB473,32,9 ENFORCEMENT Registration, enforcement, AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION

SB473, s. 121 Section 121. 769.601 of the statutes is amended to read:

SB473,32,13 769.601 Registration of order for enforcement. A support order or an income-withholding order issued by a tribunal of in another state or a foreign support order may be registered in this state for enforcement.

SB473, s. 122 Section 122. 769.602 (1) (intro.) of the statutes is amended to read:

SB473,32,18 769.602 (1) (intro.) A Except as provided in s. 769.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending all of the following documents and information records to the appropriate tribunal in this state:

SB473, s. 123 Section 123. 769.602 (1) (c) of the statutes is amended to read:

SB473,32,22 769.602 (1) (c) A sworn statement by the party seeking person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.

SB473, s. 124 Section 124. 769.602 (2) of the statutes is amended to read:

SB473,33,2 769.602 (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment an order of another state or a foreign country, together with one copy of the documents and information, regardless of their form.

SB473, s. 125 Section 125. 769.602 (4) of the statutes is created to read:

SB473,33,5 769.602 (4) If 2 or more orders are in effect, the person requesting registration must do all of the following:

SB473,33,7 (a) Furnish to the tribunal a copy of every support order that is asserted to be in effect in addition to the documents specified in this section.

SB473,33,8 (b) Specify the order that is alleged to be the controlling order, if any.

SB473,33,9 (c) Specify the amount of the consolidated arrears, if any.

SB473, s. 126 Section 126. 769.602 (5) of the statutes is created to read:

SB473,33,14 769.602 (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

SB473, s. 127 Section 127. 769.603 (1) of the statutes is amended to read:

SB473,33,18 769.603 (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

SB473, s. 128 Section 128. 769.603 (2) of the statutes is amended to read:

SB473,33,22 769.603 (2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

SB473, s. 129 Section 129. 769.603 (3) of the statutes is amended to read:

SB473,34,3 769.603 (3) Except as otherwise provided in this subchapter chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

SB473, s. 130 Section 130. 769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and amended to read:

SB473,34,7 769.604 (1) (intro.) The Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs the all of the following:

SB473,34,9 (a) The nature, extent, amount, and duration of current payments and other obligations of support and the under a registered support order.

SB473,34,11 (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.

SB473, s. 131 Section 131. 769.604 (1) (c) of the statutes is created to read:

SB473,34,14 769.604 (1) (c) The existence and satisfaction of other obligations under the support order.

SB473, s. 132 Section 132. 769.604 (2) of the statutes is amended to read:

SB473,34,18 769.604 (2) In a proceeding for arrearages under a registered support order, the statute of limitations under the laws of this state or of the issuing state or foreign country, whichever is longer, applies.

SB473, s. 133 Section 133. 769.604 (3) of the statutes is created to read:

SB473,34,23 769.604 (3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country that is registered in this state.

SB473, s. 134 Section 134. 769.604 (4) of the statutes is created to read:

SB473,35,5 769.604 (4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.

SB473, s. 135 Section 135. 769.605 (1) of the statutes is amended to read:

SB473,35,11 769.605 (1) Whenever a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

SB473, s. 136 Section 136. 769.605 (2) (a) of the statutes is amended to read:

SB473,35,14 769.605 (2) (a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.

SB473, s. 137 Section 137. 769.605 (2) (b) of the statutes is amended to read:

SB473,35,18 769.605 (2) (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice unless the registered order is under s. 769.707.

SB473, s. 138 Section 138. 769.605 (2) (c) of the statutes is amended to read:

SB473,35,23 769.605 (2) (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.

SB473, s. 139 Section 139. 769.605 (2m) of the statutes is created to read:

SB473,36,2 769.605 (2m) If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:

SB473,36,4 (a) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.

SB473,36,6 (b) Notify the nonregistering party of the right to a determination of which is the controlling order.

SB473,36,8 (c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.

SB473,36,11 (d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

SB473, s. 140 Section 140. 769.605 (3) of the statutes is amended to read:

SB473,36,15 769.605 (3) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under s. 767.75 (2r).

SB473, s. 141 Section 141. 769.606 (title) of the statutes is amended to read:

SB473,36,18 769.606 (title) Procedure to contest validity or enforcement of registered support order.

SB473, s. 142 Section 142. 769.606 (1) of the statutes is amended to read:

SB473,37,2 769.606 (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration the time required by s. 769.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.

SB473, s. 143 Section 143. 769.606 (2) of the statutes is amended to read:

SB473,37,6 769.606 (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

SB473, s. 144 Section 144. 769.606 (3) of the statutes is amended to read:

SB473,37,11 769.606 (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

SB473, s. 145 Section 145. 769.607 (1) (intro.) of the statutes is amended to read:

SB473,37,15 769.607 (1) (intro.) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

SB473, s. 146 Section 146. 769.607 (1) (h) of the statutes is created to read:

SB473,37,17 769.607 (1) (h) That the alleged controlling order is not the controlling order.

SB473, s. 147 Section 147. 769.607 (2) of the statutes is amended to read:

SB473,37,23 769.607 (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of the a registered support order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

SB473, s. 148 Section 148. 769.607 (3) of the statutes is amended to read:

SB473,38,3 769.607 (3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of the a registered support order, the registering tribunal shall issue an order confirming the order.

SB473, s. 149 Section 149. 769.608 of the statutes is amended to read:

SB473,38,8 769.608 Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

SB473, s. 150 Section 150. 769.609 of the statutes is amended to read:

SB473,38,16 769.609 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in ss. 769.601 to 769.604 769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

SB473, s. 151 Section 151. 769.61 of the statutes is amended to read:

SB473,38,22 769.61 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of s. 769.611 or 769.613 have been met.

SB473, s. 152 Section 152. 769.611 (1) (intro.) of the statutes is amended to read:

SB473,39,2 769.611 (1) (intro.) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies the responding a tribunal of this state may, upon petition, modify that child support order only if, after notice and hearing, it finds at least one of the following:

SB473, s. 153 Section 153. 769.611 (1) (a) 1. of the statutes is amended to read:

SB473,39,5 769.611 (1) (a) 1. The child, the individual obligee who is an individual, and the obligor do not reside in the issuing state.

SB473, s. 154 Section 154. 769.611 (1) (b) of the statutes is amended to read:

SB473,39,15 769.611 (1) (b) That this state is the residence of the child, or a party who is an individual party or the child is subject to the personal jurisdiction of the tribunal of this state, and that all of the individual parties who are individuals have filed a written consent consents in a record in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

SB473, s. 155 Section 155. 769.611 (3) of the statutes is amended to read:

SB473,39,22 769.611 (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.

SB473, s. 156 Section 156. 769.611 (3m) of the statutes is created to read:

SB473,40,3 769.611 (3m) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes the imposition of a further obligation of support by a tribunal of this state.

SB473, s. 157 Section 157. 769.611 (5) of the statutes is created to read: