SB473,39,157 769.611 (1) (b) That this state is the residence of the child, or a party who is an
8individual party or the child is subject to the personal jurisdiction of the tribunal of
9this state,
and that all of the individual parties who are individuals have filed a
10written consent
consents in a record in the issuing tribunal providing that a tribunal
11of this state may modify the child support order and assume continuing, exclusive
12jurisdiction over the child support order. However, if the issuing state is a foreign
13jurisdiction that has not enacted this chapter, the written consent of the individual
14party residing in this state is not required for the tribunal to assume jurisdiction to
15modify the child support order
.
SB473, s. 155 16Section 155. 769.611 (3) of the statutes is amended to read:
SB473,39,2217 769.611 (3) A tribunal of this state may not modify any aspect of a child support
18order that may not be modified under the law of the issuing state, including the
19duration of the obligation of support
. If 2 or more tribunals have issued child support
20orders for the same obligor and same child, the child support order that is controlling
21and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the
22support order.
SB473, s. 156 23Section 156. 769.611 (3m) of the statutes is created to read:
SB473,40,324 769.611 (3m) In a proceeding to modify a child support order, the law of the
25state that is determined to have issued the initial controlling order governs the

1duration of the obligation of support. The obligor's fulfillment of the duty of support
2established by that order precludes the imposition of a further obligation of support
3by a tribunal of this state.
SB473, s. 157 4Section 157. 769.611 (5) of the statutes is created to read:
SB473,40,85 769.611 (5) Notwithstanding subs. (1) to (4) and s. 769.201 (2m), a tribunal of
6this state retains jurisdiction to modify an order issued by a tribunal of this state if
7one party resides in another state and the other party resides outside the United
8States.
SB473, s. 158 9Section 158. 769.612 (intro.) of the statutes is amended to read:
SB473,40,15 10769.612 Recognition of order modified in another state. (intro.) A
11tribunal of this state shall recognize a modification of its earlier
If a child support
12order issued by a tribunal of this state is modified by a tribunal of another state that
13assumed jurisdiction under a law substantially similar to this chapter and, upon
14request, except as otherwise provided in this chapter, shall do
the Uniform Interstate
15Family Support Act,
all of the following apply to a tribunal of this state:
SB473, s. 159 16Section 159. 769.612 (1) of the statutes is amended to read:
SB473,40,1817 769.612 (1) Enforce the The tribunal may enforce its order that was modified
18only as to amounts arrearages and interest accruing before the modification.
SB473, s. 160 19Section 160. 769.612 (2) of the statutes is repealed.
SB473, s. 161 20Section 161. 769.612 (3) of the statutes is amended to read:
SB473,40,2221 769.612 (3) Provide other The tribunal may provide appropriate relief only for
22violations of that its order that occurred before the effective date of the modification.
SB473, s. 162 23Section 162. 769.612 (4) of the statutes is amended to read:
SB473,40,2524 769.612 (4) Recognize The tribunal shall recognize the modifying order of the
25other state, upon registration, for the purpose of enforcement.
SB473, s. 163
1Section 163. 769.613 (title) of the statutes is amended to read:
SB473,41,3 2769.613 (title) Jurisdiction to modify child support order of another
3state when individual parties reside in this state.
SB473, s. 164 4Section 164. 769.613 (1) of the statutes is amended to read:
SB473,41,85 769.613 (1) If all of the individual parties who are individuals reside in this
6state and the child does not reside in the issuing state, a tribunal of this state has
7jurisdiction to enforce and to modify the issuing state's child support order in a
8proceeding to register that order.
SB473, s. 165 9Section 165. 769.613 (2) of the statutes is amended to read:
SB473,41,1410 769.613 (2) A tribunal of this state exercising jurisdiction as provided in sub.
11(1) shall apply the provisions of this subchapter and subchs. I and II and the
12procedural and substantive law of this state
to the enforcement or modification
13proceeding. Subchapters III to V, VII, and VIII do not apply, and the tribunal shall
14apply the procedural and substantive law of this state
.
SB473, s. 166 15Section 166. 769.615 of the statutes is created to read:
SB473,41,23 16769.615 Jurisdiction to modify child support order of foreign country.
17(1) Except as provided in s. 769.711, if a foreign country lacks or refuses to exercise
18jurisdiction to modify its child support order under its laws, a tribunal of this state
19may assume jurisdiction to modify the child support order and bind all individuals
20who are subject to the personal jurisdiction of the tribunal whether the consent to
21modification of a child support order otherwise required of the individual under s.
22769.611 has been given or whether the individual seeking modification is a resident
23of this state or of the foreign country.
SB473,41,25 24(2) An order issued by a tribunal of this state modifying a foreign child support
25order under this section is the controlling order.
SB473, s. 167
1Section 167. 769.616 of the statutes is created to read:
SB473,42,8 2769.616 Procedure to register child support order of foreign country
3for modification.
A party or support enforcement agency seeking to modify, or to
4modify and enforce, a foreign child support order not under the convention may
5register that order in this state under ss. 769.601 to 769.608 if the order has not been
6registered. A petition for modification may be filed at the same time as a request for
7registration, or at another time. The petition must specify the grounds for
8modification.
SB473, s. 168 9Section 168. Subchapter VII of chapter 769 [precedes 769.701] of the statutes
10is repealed and recreated to read:
SB473,42,1111 chapter 769
SB473,42,1412 Subchapter vii
13 support proceeding under
14 convention
SB473,42,15 15769.701 Definitions. In this subchapter:
SB473,42,18 16(1) "Application" means a request under the convention by an obligee or obligor,
17or on behalf of a child, made through a central authority for assistance from another
18central authority.
SB473,42,21 19(2) "Central authority" means the entity designated by the United States or a
20foreign country described in s. 769.101 (3c) (d) to perform the functions specified in
21the convention.
SB473,42,23 22(3) "Convention support order" means a support order of a tribunal of a foreign
23country described in s. 769.101 (3c) (d).
SB473,42,24 24(3m) "Department" means the department of children and families.
SB473,43,3
1(4) "Direct request" means a petition filed by an individual in a tribunal of this
2state in a proceeding involving an obligee, obligor, or child residing outside the
3United States.
SB473,43,6 4(5) "Foreign central authority" means the entity designated by a foreign
5country described in s. 769.101 (3c) (d) to perform the functions specified in the
6convention.
SB473,43,8 7(6) (a) "Foreign support agreement" means an agreement for support in a
8record to which all of the following apply:
SB473,43,99 1. It is enforceable as a support order in the country of origin.
SB473,43,1010 2. It has been either of the following:
SB473,43,1211 a. Formally drawn up or registered as an authentic instrument by a foreign
12tribunal.
SB473,43,1313 b. Authenticated by, or concluded, registered, or filed with a foreign tribunal.
SB473,43,1414 3. It may be reviewed and modified by a foreign tribunal.
SB473,43,1615 (b) "Foreign support agreement" includes a maintenance arrangement or
16authentic instrument under the convention.
SB473,43,18 17(7) "United States central authority" means the secretary of the federal
18department of health and human services.
SB473,43,21 19769.702 Applicability. This subchapter applies only to a support proceeding
20under the convention. In such a proceeding, if a provision of this subchapter is
21inconsistent with subchs. I to VI, this subchapter controls.
SB473,43,24 22769.703 Relationship of governmental entity to United States central
23authority.
The department is recognized as the agency designated by the United
24States central authority to perform specific functions under the convention.
SB473,44,3
1769.704 Initiation by department of support proceeding under
2convention.
(1) In a support proceeding under this subchapter, the department
3shall do all of the following:
SB473,44,44 (a) Transmit and receive applications.
SB473,44,65 (b) Initiate or facilitate the institution of a proceeding regarding an application
6in a tribunal of this state.
SB473,44,8 7(2) All of the following support proceedings are available to an obligee under
8the convention:
SB473,44,99 (a) Recognition or recognition and enforcement of a foreign support order.
SB473,44,1010 (b) Enforcement of a support order issued or recognized in this state.
SB473,44,1211 (c) Establishment of a support order if there is no existing order, including, if
12necessary, determination of parentage of a child.
SB473,44,1413 (d) Establishment of a support order if recognition of a foreign support order
14is refused under s. 769.708 (2) (b), (d), or (i).
SB473,44,1515 (e) Modification of a support order of a tribunal of this state.
SB473,44,1716 (f) Modification of a support order of a tribunal of another state or a foreign
17country.
SB473,44,19 18(3) All of the following support proceedings are available under the convention
19to an obligor against which there is an existing support order:
SB473,44,2120 (a) Recognition of an order suspending or limiting enforcement of an existing
21support order of a tribunal of this state.
SB473,44,2222 (b) Modification of a support order of a tribunal of this state.
SB473,44,2423 (c) Modification of a support order of a tribunal of another state or a foreign
24country.
SB473,45,3
1(4) A tribunal of this state may not require security, bond, or deposit, however
2described, to guarantee the payment of costs and expenses in proceedings under the
3convention.
SB473,45,6 4769.705 Direct request. (1) A petitioner may file a direct request seeking
5establishment or modification of a support order or determination of parentage of a
6child. In the proceeding, the law of this state applies.
SB473,45,9 7(2) A petitioner may file a direct request seeking recognition and enforcement
8of a support order or support agreement. In the proceeding, ss. 769.706 to 769.713
9apply.
SB473,45,11 10(3) In a direct request for recognition and enforcement of a convention support
11order or foreign support agreement all of the following apply:
SB473,45,1312 (a) A security, bond, or deposit is not required to guarantee the payment of costs
13and expenses.
SB473,45,1614 (b) An obligee or obligor that in the issuing country has benefited from free legal
15assistance is entitled to benefit, at least to the same extent, from any free legal
16assistance provided for by the law of this state under the same circumstances.
SB473,45,18 17(4) A petitioner filing a direct request is not entitled to assistance from the
18department.
SB473,45,21 19(5) This subchapter does not prevent the application of laws of this state that
20provide simplified, more expeditious rules regarding a direct request for recognition
21and enforcement of a foreign support order or foreign support agreement.
SB473,45,25 22769.706 Registration of convention support order. (1) Except as
23otherwise provided in this subchapter, a party who is an individual or a support
24enforcement agency seeking recognition of a convention support order shall register
25the order in this state as provided in subch. VI.
SB473,46,2
1(2) Notwithstanding s. 769.311 and 769.602 (1), a request for registration of a
2convention support order must be accompanied by all of the following:
SB473,46,53 (a) A complete text of the support order or an abstract or extract of the support
4order drawn up by the issuing foreign tribunal, which may be in the form
5recommended by the Hague Conference on Private International Law.
SB473,46,66 (b) A record stating that the support order is enforceable in the issuing country.
SB473,46,117 (c) If the respondent did not appear and was not represented in the proceedings
8in the issuing country, a record attesting, as appropriate, either that the respondent
9had proper notice of the proceedings and an opportunity to be heard or that the
10respondent had proper notice of the support order and an opportunity to be heard in
11a challenge or appeal on fact or law before a tribunal.
SB473,46,1312 (d) A record showing the amount of arrears, if any, and the date the amount was
13calculated.
SB473,46,1614 (e) A record showing a requirement for automatic adjustment of the amount
15of support, if any, and the information necessary to make the appropriate
16calculations.
SB473,46,1817 (f) If necessary, a record showing the extent to which the applicant received free
18legal assistance in the issuing country.
SB473,46,20 19(3) A request for registration of a convention support order may seek
20recognition and partial enforcement of the order.
SB473,46,24 21(4) A tribunal of this state may vacate the registration of a convention support
22order without the filing of a contest under s. 769.707 only if, acting on its own motion,
23the tribunal finds that recognition and enforcement of the order would be manifestly
24incompatible with public policy.
SB473,47,2
1(5) The tribunal shall promptly notify the parties of the registration or the
2order vacating the registration of a convention support order.
SB473,47,5 3767.707 Contest of registered convention support order. (1) Except as
4otherwise provided in this subchapter, ss. 769.605 to 769.608 apply to a contest of a
5registered convention support order.
SB473,47,9 6(2) A party contesting a registered convention support order shall file a contest
7not later than 30 days after notice of the registration, but if the contesting party does
8not reside in the United States, the contest must be filed not later than 60 days after
9notice of the registration.
SB473,47,11 10(3) If the nonregistering party fails to contest the registered convention
11support order by the time specified in sub. (2), the order is enforceable.
SB473,47,13 12(4) A contest of a registered convention support order may be based only on
13grounds set forth in s. 769.708. The contesting party bears the burden of proof.
SB473,47,15 14(5) In a contest of a registered convention support order, all of the following
15apply to a tribunal of this state:
SB473,47,1716 (a) The tribunal is bound by the findings of fact on which the foreign tribunal
17based its jurisdiction.
SB473,47,1818 (b) The tribunal may not review the merits of the order.
SB473,47,20 19(6) A tribunal of this state deciding a contest of a registered convention support
20order shall promptly notify the parties of its decision.
SB473,47,22 21(7) A challenge or appeal, if any, does not stay the enforcement of a convention
22support order unless there are exceptional circumstances.
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