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.
SB473,47,25 23769.708 Recognition and enforcement of registered convention
24support order.
(1) Except as otherwise provided in sub. (2), a tribunal of this state
25shall recognize and enforce a registered convention support order.
SB473,48,2
1(2) The following grounds are the only grounds on which a tribunal of this state
2may refuse recognition and enforcement of a registered convention support order:
SB473,48,53 (a) Recognition and enforcement of the order is manifestly incompatible with
4public policy, including the failure of the issuing tribunal to observe minimum
5standards of due process, which include notice and an opportunity to be heard.
SB473,48,66 (b) The issuing tribunal lacked personal jurisdiction consistent with s. 769.201.
SB473,48,77 (c) The order in not enforceable in the issuing country.
SB473,48,88 (d) The order was obtained by fraud in connection with a matter of procedure.
SB473,48,109 (e) A record transmitted in accordance with s. 769.706 lacks authenticity or
10integrity.
SB473,48,1211 (f) A proceeding between the same parties and having the same purpose is
12pending before a tribunal of this state and that proceeding was the first to be filed.
SB473,48,1513 (g) The order is incompatible with a more recent support order involving the
14same parties and having the same purpose, if the more recent support order is
15entitled to recognition and enforcement under this chapter in this state.
SB473,48,1616 (h) Payment, to the extent alleged arrears have been paid in whole or in part.
SB473,48,1817 (i) In a case in which the respondent neither appeared nor was represented in
18the proceeding in the issuing foreign country, if either of the following applies:
SB473,48,2119 1. If the law of that country provides for prior notice of proceedings, the
20respondent did not have proper notice of the proceedings and an opportunity to be
21heard.
SB473,48,2422 2. If the law of that country does not provide for prior notice of the proceedings,
23the respondent did not have proper notice of the order and an opportunity to be heard
24in a challenge or appeal on fact or law before a tribunal.
SB473,48,2525 (j) The order was made in violation of s. 769.711.
SB473,49,2
1(3) If a tribunal of this state does not recognize a convention support order
2under sub. (2) (b), (d), (f), or (i), both of the following apply:
SB473,49,43 (a) The tribunal may not dismiss the proceeding without allowing a reasonable
4time for a party to request the establishment of a new convention support order.
SB473,49,75 (b) The department shall take all appropriate measures to request a child
6support order for the obligee if the application for recognition and enforcement was
7received under s. 769.704.
SB473,49,11 8769.709 Partial enforcement. If a tribunal of this state does not recognize
9and enforce a convention support order in its entirety, it shall enforce any severable
10part of the order. An application or direct request may seek recognition and partial
11enforcement of a convention support order.
SB473,49,14 12769.710 Foreign support agreement. (1) Except as otherwise provided in
13subs. (3) and (4), a tribunal of this state shall recognize and enforce a foreign support
14agreement registered in this state.
SB473,49,16 15(2) An application or direct request for recognition and enforcement of a foreign
16support agreement must be accompanied by all of the following:
SB473,49,1717 (a) A complete text of the foreign support agreement.
SB473,49,1918 (b) A record stating that the foreign support agreement is enforceable as a
19decision in the issuing country.
SB473,49,22 20(3) A tribunal of this state may vacate the registration of the foreign support
21agreement only if, acting on its own motion, the tribunal finds that recognition and
22enforcement would be manifestly incompatible with public policy.
SB473,49,24 23(4) In a contest of a foreign support agreement, a tribunal of this state may
24refuse recognition and enforcement of the agreement if it finds any of the following:
SB473,50,2
1(a) Recognition and enforcement of the agreement is manifestly incompatible
2with public policy.
SB473,50,33 (b) The agreement was obtained by fraud or falsification.
SB473,50,74 (c) The agreement is incompatible with a support order involving the same
5parties and having the same purpose in this state, another state, or a foreign country,
6if the support order is entitled to recognition and enforcement under this chapter in
7this state.
SB473,50,88 (d) The record submitted under sub. (2) lacks authenticity or integrity.
SB473,50,11 9(5) A proceeding for recognition and enforcement of a foreign support
10agreement shall be suspended during the pendency of a challenge to or appeal of the
11agreement before a tribunal of another state or a foreign country.
SB473,50,15 12769.711 Modification of convention child support order. (1) A tribunal
13of this state may not modify a convention child support order if the obligee remains
14a resident of the foreign country where the support order was issued, unless any of
15the following applies:
SB473,50,1816 (a) The obligee submits to the jurisdiction of a tribunal of this state, either
17expressly or by defending on the merits of the case without objecting to the
18jurisdiction at the first available opportunity.
SB473,50,2019 (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its
20support order or issue a new support order.
SB473,50,22 21(2) If a tribunal of this state does not modify a convention child support order
22because the order is not recognized in this state, s. 769.708 (3) applies:
SB473,50,25 23769.712 Personal information; limit on use. Personal information
24gathered or transmitted under this subchapter may be used only for the purposes for
25which it was gathered or transmitted.
SB473,51,3
1769.713 Record in original language; English translation. A record filed
2with a tribunal of this state under this subchapter must be in the original language
3and, if not in English, must be accompanied by an English translation.
SB473, s. 169 4Section 169. 769.802 (2) of the statutes is amended to read:
SB473,51,145 769.802 (2) If, under this chapter or a law substantially similar to this chapter,
6the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform
7Reciprocal Enforcement of Support Act,
the governor of another state makes a
8demand that the governor of this state surrender an individual charged criminally
9in that state with having failed to provide for the support of a child or other individual
10to whom a duty of support is owed, the governor may require a prosecutor to
11investigate the demand and report whether a proceeding for support has been
12initiated or would be effective. If it appears that a proceeding would be effective but
13has not been initiated, the governor may delay honoring the demand for a reasonable
14time to permit the initiation of a proceeding.
SB473, s. 170 15Section 170. 769.901 of the statutes is amended to read:
SB473,51,20 16769.901 Uniformity of application and construction. This In applying
17and construing this
chapter shall be applied and construed to effectuate its general
18purpose to make uniform
, consideration must be given to the need to promote
19uniformity of
the law with respect to the subject of this chapter among states
20enacting it.
SB473, s. 171 21Section 171. 769.903 (title) of the statutes is amended to read:
SB473,51,22 22769.903 (title) Severability clause.
SB473, s. 172 23Section 172. Initial applicability.
SB473,52,224 (1) This act first applies to proceedings commenced on the effective date of this
25subsection to establish a support order or determine parentage of a child or to

1register, recognize, enforce, or modify a prior support order, determination, or
2agreement, whenever issued or entered.
SB473,52,33 (End)
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