January 22, 2010 - Introduced by Senators Risser and Taylor, cosponsored by
Representatives Cullen, Ziegelbauer, Berceau and Turner. Referred to
Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform,
and Housing.
SB473,2,21 1An Act to repeal 769.101 (7), 769.101 (19) (b), 769.301 (2) and 769.612 (2); to
2renumber
769.102, 769.103 and 769.308; to renumber and amend 769.201,
3769.207 (3), 769.307 (3), 769.319 and 769.604 (1); to consolidate, renumber
4and amend
769.101 (19) (intro.) and (a); to amend 767.01 (2), 767.80 (5m),
5769.101 (2), 769.101 (4), 769.101 (8), 769.101 (9), 769.101 (10), 769.101 (12) (a),
6769.101 (12) (b), 769.101 (14), 769.101 (15), 769.101 (16), 769.101 (17), 769.101
7(20) (intro.), 769.101 (20) (a), 769.101 (20) (b), 769.101 (20) (c), 769.101 (20) (d),
8769.101 (21), 769.101 (22), 769.203, 769.204 (title), 769.204 (1) (intro.), 769.204
9(1) (a), 769.204 (1) (b), 769.204 (2) (intro.), 769.204 (2) (a), 769.204 (2) (c),
10769.207 (title), 769.207 (1m) (intro.), 769.207 (1m) (a), 769.207 (1m) (b), 769.207
11(1m) (c), 769.207 (1r), 769.207 (2), 769.208, 769.209, 769.301 (3), 769.302,
12769.304 (1), 769.304 (2), 769.305 (1), 769.305 (2) (intro.), 769.305 (2) (a), 769.305
13(2) (b), 769.305 (2) (h), 769.306, 769.307 (2) (intro.), 769.307 (2) (a), 769.307 (2)
14(d), 769.307 (2) (e), 769.31 (2) (b), 769.31 (2) (c), 769.311 (1), 769.312, 769.313

1(2), 769.314 (1), 769.314 (3), 769.316 (1), 769.316 (2), 769.316 (4), 769.316 (5),
2769.316 (6), 769.317, 769.318 (1), 769.318 (2), subchapter IV (title) of chapter
3769 [precedes 769.401], 769.401 (1) (intro.), 769.401 (1) (a), 769.401 (1) (b),
4subchapter V (title) of chapter 769 [precedes 769.501], 769.501, 769.505,
5769.506 (1), 769.507 (1), subchapter VI (title) of chapter 769 [precedes 769.601],
6769.601, 769.602 (1) (intro.), 769.602 (1) (c), 769.602 (2), 769.603 (1), 769.603
7(2), 769.603 (3), 769.604 (2), 769.605 (1), 769.605 (2) (a), 769.605 (2) (b), 769.605
8(2) (c), 769.605 (3), 769.606 (title), 769.606 (1), 769.606 (2), 769.606 (3), 769.607
9(1) (intro.), 769.607 (2), 769.607 (3), 769.608, 769.609, 769.61, 769.611 (1)
10(intro.), 769.611 (1) (a) 1., 769.611 (1) (b), 769.611 (3), 769.612 (intro.), 769.612
11(1), 769.612 (3), 769.612 (4), 769.613 (title), 769.613 (1), 769.613 (2), 769.802 (2),
12769.901 and 769.903 (title); to repeal and recreate 769.102 (title), 769.202,
13769.205, 769.206, 769.401 (2) and subchapter VII of chapter 769 [precedes
14769.701]; and to create 769.101 (2c), 769.101 (3c), 769.101 (3g), 769.101 (3m),
15769.101 (8m), 769.101 (12) (d), 769.101 (13) (d), 769.101 (13m), 769.101 (13r),
16769.101 (20) (e), 769.102 (2), 769.103 (2), 769.105, 769.201 (2m), 769.207 (3) (b),
17769.207 (3) (c), 769.207 (5), 769.210, 769.211, 769.305 (6), 769.307 (3m), 769.307
18(4), 769.307 (5), 769.308 (2), 769.316 (10), 769.319 (2), 769.319 (3), 769.402,
19769.602 (4), 769.602 (5), 769.604 (1) (c), 769.604 (3), 769.604 (4), 769.605 (2m),
20769.607 (1) (h), 769.611 (3m), 769.611 (5), 769.615 and 769.616 of the statutes;
21relating to: modifications to the Uniform Interstate Family Support Act.
Analysis by the Legislative Reference Bureau
This bill updates the Uniform Interstate Family Support Act (UIFSA) under
current law. UIFSA sets out rules and priorities for the exercise of jurisdiction by
courts in this state in actions to establish or enforce spousal or child support
obligations, to modify child support obligations, or to determine paternity, when the

parties reside in different states or when orders have been issued in different states.
By setting out such rules and priorities, UIFSA aims to eliminate the possibility that
conflicting support orders might be issued or enforced by courts in different states.
The bill primarily reorganizes provisions in current law and makes various
nonsubstantive terminology or technical changes and minor substantive changes.
One of the main changes the bill makes is to clarify UIFSA's application to foreign
countries, in recognition of and comformity with the ratification by the United States
of the Convention on the International Recovery of Child Support and Other Forms
of Family Maintenance, concluded at The Hague on November 23, 2007 (convention).
The purpose of the convention is to provide international procedures for enforcing
child support orders when the person who is liable for the support and the child do
not live in the same country. Whereas under current law "state" is defined to include
a "foreign jurisdiction that has enacted a law or established procedures for issuance
and enforcement of support orders that are substantially similar to the procedures
under .... the Uniform Reciprocal Enforcement of Support Act ...." so that a reference
to a "state" in current law includes a reference to a foreign country, this bill
eliminates a foreign jurisdiction from the definition of "state" and adds "foreign
country" to the statutory text wherever appropriate. For example, current law
provides that a court in this state may forward proceedings to, and receive
proceedings from, a court of another state, which would include a foreign jurisdiction.
The bill provides that a court in this state may forward proceedings to a court of
another state and receive proceedings initiated in another state or a foreign country.
As another example, current law provides that if a proceeding related to child
support is brought in this state and two or more child support orders regarding the
same child and obligor have been issued by courts of this or another state, a court of
this state must apply certain rules to determine which child support order to
recognize for purposes of continuing jurisdiction. Under the bill, the court must use
the same rules for determining which child support order controls and must be
recognized, and adds that one or more of the child support orders may have been
issued in a foreign country. In the bill, "foreign country" is defined as a country other
than the U.S. that authorizes the issuance of support orders and that has been
declared under the laws of the U.S. to be a foreign reciprocating country, that has
established a reciprocal arrangement for child support with this state, that has
enacted a law or established procedures for issuing and enforcing support orders that
are substantially similar to UIFSA, or that is one in which the convention is in force
with respect to the U.S.
Among substantive changes to current law, the bill does the following:
1. Provides that a court of this state that enforces current support or collects
arrearages of support due under a support order issued in another state or a foreign
country must apply the procedures and remedies of this state when doing so.
2. Provides the process and notification requirements when a party registering
(filing) a support order issued in another state with a court of this state asserts that
two or more support orders are in effect.

3. Provides that in a proceeding to modify a support order issued in another
state, the law of the other state governs the duration of the obligation and a court of
this state may not impose a further obligation of support.
4. Provides that a court in this state may assume jurisdiction to modify a child
support order issued in a foreign country, and bind all individuals who are subject
to the court's personal jurisdiction, if the foreign country lacks or refuses to exercise
jurisdiction to modify the order, and that the order issued by the court of this state
modifying the foreign child support order is the controlling order.
5. Provides procedures for a person to file a direct request for the establishment
or modification of a support order involving an obligor, obligee, or child who lives
outside the United States.
6. Provides procedures and requirements, in accordance with the convention,
for registering with a court in this state a foreign support order or agreement for
recognition and enforcement; specifies the types of proceedings that are available
under the convention; provides procedures and requirements for contesting a
registered support order; provides grounds for a court to refuse to recognize such an
order; and, with limited exceptions, prohibits a court in this state from modifying a
foreign support order if the obligor remains a resident of the foreign country.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB473, s. 1 1Section 1. 767.01 (2) of the statutes is amended to read:
SB473,4,52 767.01 (2) Paternity and child support. In an action to establish paternity or
3to establish or enforce a child support obligation, in regard to a child who is the
4subject of the action, a person is subject to the jurisdiction of the courts of this state
5as provided in s. 769.201 (1m) or 801.05.
SB473, s. 2 6Section 2. 767.80 (5m) of the statutes is amended to read:
SB473,5,107 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
8767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is
9presumed the child's father under s. 891.41 (1), is adjudicated the child's father either
10under s. 767.89 or by final order or judgment of a court of competent jurisdiction in
11another state, or has acknowledged himself to be the child's father under s. 767.805
12(1) or a substantially similar law of another state, no order or temporary order may

1be entered for child support, legal custody, or physical placement until the male is
2adjudicated the father using the procedure set forth in this subchapter, except s.
3767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive
4procedure for establishment of child support obligations, legal custody, or physical
5placement rights for a male who is not presumed the child's father under s. 891.41
6(1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially
7similar law of another state to be the father is by an action under this subchapter,
8except s. 767.805, or under s. 769.701 769.402. No person may waive the use of this
9procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has
10the burden of rebutting the presumption.
SB473, s. 3 11Section 3. 769.101 (2) of the statutes is amended to read:
SB473,5,1412 769.101 (2) "Child support order" means a support order for a child, including
13a child who has attained the age of majority under the law of the issuing state or
14foreign country
.
SB473, s. 4 15Section 4. 769.101 (2c) of the statutes is created to read:
SB473,5,1816 769.101 (2c) "Convention" means the Convention on the International
17Recovery of Child Support and Other Forms of Family Maintenance, concluded at
18The Hague on November 23, 2007.
SB473, s. 5 19Section 5. 769.101 (3c) of the statutes is created to read:
SB473,5,2220 769.101 (3c) "Foreign country" means a country, including a political
21subdivision of the country, other than the United States, that authorizes the issuance
22of support orders and to which any of the following applies:
SB473,5,2423 (a) The country or political subdivision has been declared under the law of the
24United States to be a foreign reciprocating country.
SB473,6,2
1(b) The country or political subdivision has established a reciprocal
2arrangement for child support with this state under s. 769.308 (2).
SB473,6,53 (c) The country or political subdivision has enacted a law or established
4procedures for the issuance and enforcement of support orders that are substantially
5similar to the procedures under this chapter.
SB473,6,76 (d) The country or political subdivision is one in which the convention is in force
7with respect to the United States.
SB473, s. 6 8Section 6. 769.101 (3g) of the statutes is created to read:
SB473,6,109 769.101 (3g) "Foreign support order" means a support order of a foreign
10tribunal.
SB473, s. 7 11Section 7. 769.101 (3m) of the statutes is created to read:
SB473,6,1512 769.101 (3m) "Foreign tribunal" means a court, administrative agency, or
13quasi-judicial entity of a foreign country that is authorized to establish, enforce, or
14modify support orders or to determine parentage of a child. "Foreign tribunal"
15includes a competent authority under the convention.
SB473, s. 8 16Section 8. 769.101 (4) of the statutes is amended to read:
SB473,6,2217 769.101 (4) "Home state" means the state or foreign country in which a child
18lived with a parent or a person acting as parent for at least 6 consecutive months
19immediately preceding the time of the filing of a petition or comparable pleading for
20support or, if a child is less than 6 months old, the state or foreign country in which
21the child lived from birth with any of them. A period of temporary absence of any of
22them is counted as part of the 6-month or other period.
SB473, s. 9 23Section 9. 769.101 (7) of the statutes is repealed.
SB473, s. 10 24Section 10. 769.101 (8) of the statutes is amended to read:
SB473,7,4
1769.101 (8) "Initiating tribunal" means the authorized tribunal in an initiating
2of a state or foreign country from which a petition or comparable pleading is
3forwarded or in which a petition or comparable pleading is filed for forwarding to
4another state or foreign country
.
SB473, s. 11 5Section 11. 769.101 (8m) of the statutes is created to read:
SB473,7,76 769.101 (8m) "Issuing foreign country" means the foreign country in which a
7tribunal issues a support order or a judgment determining parentage of a child.
SB473, s. 12 8Section 12. 769.101 (9) of the statutes is amended to read:
SB473,7,109 769.101 (9) "Issuing state" means the state in which a tribunal issues a support
10order or renders a judgment determining parentage of a child.
SB473, s. 13 11Section 13. 769.101 (10) of the statutes is amended to read:
SB473,7,1312 769.101 (10) "Issuing tribunal" means the tribunal of a state or foreign country
13that issues a support order or renders a judgment determining parentage of a child.
SB473, s. 14 14Section 14. 769.101 (12) (a) of the statutes is amended to read:
SB473,7,1715 769.101 (12) (a) An individual to whom a duty of support is or is alleged to be
16owed or in whose favor a support order has been issued or a judgment determining
17parentage of a child has been rendered issued.
SB473, s. 15 18Section 15. 769.101 (12) (b) of the statutes is amended to read:
SB473,7,2219 769.101 (12) (b) A foreign country, state, or political subdivision of a state to
20which the rights under a duty of support or support order have been assigned or
21which has independent claims based on financial assistance provided to an
22individual obligee in place of child support.
SB473, s. 16 23Section 16. 769.101 (12) (d) of the statutes is created to read:
SB473,7,2424 769.101 (12) (d) A person that is a creditor in a proceeding under subch. VII.
SB473, s. 17 25Section 17. 769.101 (13) (d) of the statutes is created to read:
SB473,8,2
1769.101 (13) (d) The individual or decedent is a debtor in a proceeding under
2subch. VII.
SB473, s. 18 3Section 18. 769.101 (13m) of the statutes is created to read:
SB473,8,54 769.101 (13m) "Outside this state" means a location in another state or a
5country other than the United States, whether or not the country is a foreign country.
SB473, s. 19 6Section 19. 769.101 (13r) of the statutes is created to read:
SB473,8,97 769.101 (13r) "Record" means information that is inscribed on a tangible
8medium or that is stored in an electronic or other medium and is retrievable in a
9perceivable form.
SB473, s. 20 10Section 20. 769.101 (14) of the statutes is amended to read:
SB473,8,1311 769.101 (14) "Register" means to file in a tribunal of this state a support order
12or judgment determining parentage with the clerk of court of a child issued in
13another state or a foreign country
.
SB473, s. 21 14Section 21. 769.101 (15) of the statutes is amended to read:
SB473,8,1615 769.101 (15) "Registering tribunal" means a tribunal in which a support order
16or judgment determining parentage of a child is registered.
SB473, s. 22 17Section 22. 769.101 (16) of the statutes is amended to read:
SB473,8,2418 769.101 (16) "Responding state" means a state in which a proceeding petition
19or comparable pleading for support or to determine parentage of a child
is filed or to
20which a proceeding petition or comparable pleading is forwarded for filing from an
21initiating
another state under this chapter or a law substantially similar to this
22chapter, or under a law or procedure substantially similar to the Uniform Reciprocal
23Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
24Support Act
or a foreign country.
SB473, s. 23 25Section 23. 769.101 (17) of the statutes is amended to read:
SB473,9,2
1769.101 (17) "Responding tribunal" means the authorized tribunal in a
2responding state or foreign country.
SB473, s. 24 3Section 24. 769.101 (19) (intro.) and (a) of the statutes are consolidated,
4renumbered 769.101 (19) and amended to read:
SB473,9,85 769.101 (19) "State" means a state of the United States, the District of
6Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession
7subject to the jurisdiction of the United States. "State" includes all of the following:
8(a) An
an Indian nation or tribe.
SB473, s. 25 9Section 25. 769.101 (19) (b) of the statutes is repealed.
SB473, s. 26 10Section 26. 769.101 (20) (intro.) of the statutes is amended to read:
SB473,9,1211 769.101 (20) (intro.) "Support enforcement agency" means a public official,
12governmental entity,
or private agency authorized to seek do any of the following:
SB473, s. 27 13Section 27. 769.101 (20) (a) of the statutes is amended to read:
SB473,9,1514 769.101 (20) (a) Enforcement Seek enforcement of support orders or laws
15relating to the duty of support.
SB473, s. 28 16Section 28. 769.101 (20) (b) of the statutes is amended to read:
SB473,9,1817 769.101 (20) (b) Establishment Seek establishment or modification of child
18support.
SB473, s. 29 19Section 29. 769.101 (20) (c) of the statutes is amended to read:
SB473,9,2020 769.101 (20) (c) Determination Request determination of parentage of a child.
SB473, s. 30 21Section 30. 769.101 (20) (d) of the statutes is amended to read:
SB473,9,2222 769.101 (20) (d) Location of Attempt to locate obligors or their assets.
SB473, s. 31 23Section 31. 769.101 (20) (e) of the statutes is created to read:
SB473,9,2424 769.101 (20) (e) Request determination of the controlling child support order.
SB473, s. 32 25Section 32. 769.101 (21) of the statutes is amended to read:
SB473,10,8
1769.101 (21) "Support order" means a judgment, decree or, order, decision, or
2directive,
whether temporary, final, or subject to modification, issued in a state or
3foreign country
for the benefit of a child, a spouse, or a former spouse, that provides
4for monetary support, health care, arrearages, retroactive support, or
5reimbursement, and that for financial assistance provided to an individual obligee
6in place of child support. "Support order"
may include related costs and fees, interest,
7income withholding, automatic adjustment, reasonable attorney fees, and other
8relief.
SB473, s. 33 9Section 33. 769.101 (22) of the statutes is amended to read:
SB473,10,1210 769.101 (22) "Tribunal" means a court, administrative agency, or
11quasi-judicial entity authorized to establish, enforce, or modify support orders or to
12determine parentage in this state or in an issuing or responding state of a child.
SB473, s. 34 13Section 34. 769.102 (title) of the statutes is repealed and recreated to read:
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