SB473, s. 50
20Section
50. 769.204 (2) (c) of the statutes is amended to read:
SB473,13,2221
769.204
(2) (c) If relevant, the other state
or foreign country is the home state
22of the child.
SB473, s. 51
23Section
51. 769.205 of the statutes is repealed and recreated to read:
SB473,14,3
24769.205 Continuing, exclusive jurisdiction to modify child support
25order. (1) A tribunal of this state that has issued a child support order consistent
1with the law of this state has and shall exercise continuing, exclusive jurisdiction to
2modify its child support order if the order is the controlling order and any of the
3following applies:
SB473,14,64
(a) At the time of the filing of a request for modification this state is the
5residence of the obligor, the individual obligee, or the child for whose benefit the
6support order is issued.
SB473,14,107
(b) Even if this state is not the residence of the obligor, the individual obligee,
8or the child for whose benefit the support order is issued, the parties consent in a
9record or in open court that the tribunal of this state may continue to exercise
10jurisdiction to modify its order.
SB473,14,13
11(2) A tribunal of this state that has issued a child support order consistent with
12the law of this state may not exercise continuing, exclusive jurisdiction to modify the
13order if any of the following applies:
SB473,14,1714
(a) All of the parties who are individuals file consent in a record with the
15tribunal of this state that a tribunal of another state that has jurisdiction over at
16least one of the parties who is an individual or that is located in the state of residence
17of the child may modify the order and assume continuing, exclusive jurisdiction.
SB473,14,1818
(b) Its order is not the controlling order.
SB473,14,23
19(3) If a tribunal of another state has issued a child support order pursuant to
20the Uniform Interstate Family Support Act or a law substantially similar to that act
21that modifies a child support order of a tribunal of this state, tribunals of this state
22shall recognize the continuing, exclusive jurisdiction of the tribunal of the other
23state.
SB473,15,3
1(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to
2modify a child support order may serve as an initiating tribunal to request a tribunal
3of another state to modify a support order issued in that state.
SB473,15,6
4(5) A temporary support order issued ex parte or pending resolution of a
5jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing
6tribunal.
SB473, s. 52
7Section
52. 769.206 of the statutes is repealed and recreated to read:
SB473,15,11
8769.206 Continuing jurisdiction to enforce child support order. (1) A
9tribunal of this state that has issued a child support order consistent with the law
10of this state may serve as an initiating tribunal to request a tribunal of another state
11to enforce any of the following:
SB473,15,1412
(a) The order, if the order is the controlling order and has not been modified by
13a tribunal of another state that assumed jurisdiction pursuant to the Uniform
14Interstate Family Support Act.
SB473,15,1715
(b) A money judgment for arrears of support and interest on the order that
16accrued before a determination that an order of a tribunal of another state is the
17controlling order.
SB473,15,19
18(2) A tribunal of this state having continuing jurisdiction over a support order
19may act as a responding tribunal to enforce the order.
SB473, s. 53
20Section
53. 769.207 (title) of the statutes is amended to read:
SB473,15,22
21769.207 (title)
Recognition
Determination of controlling child support
22order.
SB473, s. 54
23Section
54. 769.207 (1m) (intro.) of the statutes is amended to read:
SB473,16,524
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and 2 or
25more child support orders have been issued by tribunals of this state
or, another
1state
, or a foreign country with regard to the same obligor and child, a tribunal of this
2state
having personal jurisdiction over both the obligor and individual obligee shall
3apply the following rules
in determining and by order shall determine which child
4support order
to recognize for purposes of continuing, exclusive jurisdiction controls
5and must be recognized:
SB473, s. 55
6Section
55. 769.207 (1m) (a) of the statutes is amended to read:
SB473,16,97
769.207
(1m) (a) If only one of the tribunals would have continuing, exclusive
8jurisdiction under this chapter, the child support order of that tribunal
is controlling
9and must be recognized controls.
SB473, s. 56
10Section
56. 769.207 (1m) (b) of the statutes is amended to read:
SB473,16,1511
769.207
(1m) (b) If more than one of the tribunals would have continuing,
12exclusive jurisdiction under this chapter, a child support order issued by a tribunal
13in the current home state of the child
must be recognized, but controls, or, if a child
14support order has not been issued in the current home state of the child, the child
15support order most recently issued
is controlling and must be recognized controls.
SB473, s. 57
16Section
57. 769.207 (1m) (c) of the statutes is amended to read:
SB473,16,2017
769.207
(1m) (c) If none of the tribunals would have continuing, exclusive
18jurisdiction under this chapter, the tribunal of this state
having jurisdiction over the
19parties must shall issue a child support order, which
is controlling and must be
20recognized controls.
SB473, s. 58
21Section
58. 769.207 (1r) of the statutes is amended to read:
SB473,17,422
769.207
(1r) If 2 or more child support orders have been issued for the same
23obligor and
same child
and if the obligor or the individual obligee resides in this state,
24a party may request a tribunal of this state to, upon the request of a party who is an
25individual or that is a support enforcement agency, a tribunal of this state having
1personal jurisdiction over both the obligor and the obligee who is an individual shall 2determine which child support order controls
and must be recognized under sub.
3(1m). The request
may be filed with a registration for enforcement or registration
4for modification under subch. VI, or may be filed as a separate proceeding.
SB473,17,10
5(1t) A request to determine which is the controlling child support order must
6be accompanied by a
certified copy of every child support order issued for the obligor
7and child that is in effect
. Every and the applicable record of payments. The
8requesting party shall give each party whose rights may be affected by a
9determination of which child support order controls
must be given notice of the
10request for that determination.
SB473, s. 59
11Section
59. 769.207 (2) of the statutes is amended to read:
SB473,17,1412
769.207
(2) The tribunal that issued the order that is controlling
and must be
13recognized under sub. (1c), (1m)
, or (1r)
is the tribunal that has continuing
, exclusive 14jurisdiction
in accordance with to the extent provided in s. 769.205
or 769.206.
SB473, s. 60
15Section
60. 769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and
16amended to read:
SB473,17,2017
769.207
(3) (intro.) A tribunal of this state that determines by order which child
18support order is controlling under sub. (1m) (a) or (b)
or (1r), or that issues a new child
19support order that is controlling under sub. (1m) (c), shall
include state in that order
20the all of the following:
SB473,17,21
21(a) The basis upon which the tribunal made its determination.
SB473, s. 61
22Section
61. 769.207 (3) (b) of the statutes is created to read:
SB473,17,2323
769.207
(3) (b) The amount of prospective support, if any.
SB473, s. 62
24Section
62. 769.207 (3) (c) of the statutes is created to read:
SB473,18,3
1769.207
(3) (c) The total amount of consolidated arrears and accrued interest,
2if any, under all of the orders after all payments made are credited as provided by s.
3769.209.
SB473, s. 63
4Section
63. 769.207 (5) of the statutes is created to read:
SB473,18,75
769.207
(5) An order that has been determined to be the controlling child
6support order, or a judgment for consolidated arrears of support and interest, if any,
7made under this section, must be recognized in proceedings under this chapter.
SB473, s. 64
8Section
64. 769.208 of the statutes is amended to read:
SB473,18,14
9769.208 Multiple child Child support orders for 2 or more obligees. In
10responding to
multiple registrations or petitions for enforcement of 2 or more child
11support orders in effect at the same time with regard to the same obligor and
12different individual obligees, at least one of which was issued by a tribunal of another
13state
or a foreign country, a tribunal of this state shall enforce those orders in the
14same manner as if the
multiple orders had been issued by a tribunal of this state.
SB473, s. 65
15Section
65. 769.209 of the statutes is amended to read:
SB473,18,21
16769.209 Credit for payments. Amounts A tribunal of this state shall credit
17amounts collected
and credited for a particular period pursuant to
a any child 18support order
issued by a tribunal of another state must be credited against the
19amounts
accruing or accrued owed for the same period under
a any other child 20support order
for support of the same child issued by
the a tribunal of this state
,
21another state, or a foreign country.
SB473, s. 66
22Section
66. 769.210 of the statutes is created to read:
SB473,19,5
23769.210 Application of act to nonresident subject to personal
24jurisdiction. A tribunal of this state exercising personal jurisdiction over a
25nonresident in a proceeding under this chapter, under other law of this state relating
1to a support order, or recognizing a foreign support order may receive evidence from
2outside this state pursuant to s. 769.316, communicate with a tribunal outside this
3state pursuant to s. 769.317, and obtain discovery through a tribunal outside this
4state pursuant to s. 769.318. In all other respects, subchs. III to VI do not apply, and
5the tribunal shall apply the procedural and substantive law of this state.
SB473, s. 67
6Section
67. 769.211 of the statutes is created to read:
SB473,19,10
7769.211 Continuing, exclusive jurisdiction to modify spousal support
8order. (1) A tribunal of this state issuing a spousal support order consistent with
9the law of this state has continuing, exclusive jurisdiction to modify the spousal
10support order throughout the existence of the support obligation.
SB473,19,13
11(2) A tribunal of this state may not modify a spousal support order issued by
12a tribunal of another state or a foreign country having continuing, exclusive
13jurisdiction over that order under the law of that state or foreign country.
SB473,19,15
14(3) A tribunal of this state that has continuing, exclusive jurisdiction over a
15spousal support order may serve as any of the following:
SB473,19,1716
(a) An initiating tribunal to request a tribunal of another state to enforce the
17spousal support order issued in this state.
SB473,19,1818
(b) A responding tribunal to enforce or modify its own spousal support order.
SB473, s. 68
19Section
68. 769.301 (2) of the statutes is repealed.
SB473, s. 69
20Section
69. 769.301 (3) of the statutes is amended to read:
SB473,19,2521
769.301
(3) An individual petitioner or a support enforcement agency may
22commence a proceeding authorized under this chapter by filing a petition in an
23initiating tribunal for forwarding to a responding tribunal or by filing a petition or
24a comparable pleading directly in a tribunal of another state
or a foreign country that
25has or can obtain personal jurisdiction over the respondent.
SB473, s. 70
1Section
70. 769.302 of the statutes is amended to read:
SB473,20,10
2769.302 Action by minor parent. A minor parent, or a guardian or other
3legal representative of a minor parent, may maintain a proceeding on behalf of or for
4the benefit of the minor's child.
Notwithstanding s. 767.407 (1) or 803.01 (3), the
5court may appoint a guardian ad litem for the minor's child, but the court need not
6appoint a guardian ad litem for a minor parent who maintains such a proceeding
7unless the proceeding is one for the determination of parentage, in which case the
8court or a circuit court commissioner shall appoint a guardian ad litem for a minor
9parent within this state who maintains such a proceeding or for a minor within this
10state who is alleged to be a parent, as provided in s. 767.82 (1).
SB473, s. 71
11Section
71. 769.304 (1) of the statutes is amended to read:
SB473,20,1812
769.304
(1) Upon the filing of a petition authorized by this chapter, an
13initiating tribunal of this state shall forward
3 copies of the petition and its
14accompanying documents to the responding tribunal or appropriate support
15enforcement agency in the responding state, or
, if the identity of the responding
16tribunal is unknown, to the state information agency of the responding state with a
17request that they be forwarded to the appropriate tribunal and that receipt be
18acknowledged.
SB473, s. 72
19Section
72. 769.304 (2) of the statutes is amended to read:
SB473,21,320
769.304
(2) If
a responding state has not enacted this chapter or a law or
21procedure substantially similar to this chapter requested by the responding
22tribunal, a tribunal of this state
may shall issue a certificate or other documents and
23make findings required by the law of the responding state. If the responding
state 24tribunal is
in a foreign
jurisdiction, country, upon request the tribunal
may of this
25state shall specify the amount of support sought
, convert that amount into the
1equivalent amount in the foreign currency under the applicable official or market
2exchange rate as publicly reported, and provide
any other documents necessary to
3satisfy the requirements of the responding
state
foreign tribunal.
SB473, s. 73
4Section
73. 769.305 (1) of the statutes is amended to read:
SB473,21,95
769.305
(1) Whenever a responding tribunal of this state receives a petition or
6comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it
7shall cause the petition or pleading to be filed and notify the petitioner
, or if the
8petition was filed by a support enforcement agency, notify the support enforcement
9agency by any federally approved transmittal system, where and when it was filed.
SB473, s. 74
10Section
74. 769.305 (2) (intro.) of the statutes is amended to read:
SB473,21,1211
769.305
(2) (intro.) A responding tribunal of this state, to the extent
otherwise
12authorized not prohibited by
other law, may do any of the following:
SB473, s. 75
13Section
75. 769.305 (2) (a) of the statutes is amended to read:
SB473,21,1614
769.305
(2) (a)
Issue Establish or enforce a support order, modify a child
15support order
, determine the controlling child support order, or
render a judgment
16to determine parentage
of a child.
SB473, s. 76
17Section
76. 769.305 (2) (b) of the statutes is amended to read:
SB473,21,1918
769.305
(2) (b) Order an obligor to comply with a support order
, specifying the
19amount and the manner of compliance.
SB473, s. 77
20Section
77. 769.305 (2) (h) of the statutes is amended to read:
SB473,21,2321
769.305
(2) (h) Order an obligor to keep the tribunal informed of the obligor's
22current residential address,
electronic mail address, telephone number, employer,
23address of employment
, and telephone number at the place of employment.
SB473, s. 78
24Section
78. 769.305 (6) of the statutes is created to read:
SB473,22,5
1769.305
(6) If requested to enforce a support order, arrears, or judgment or
2modify a support order stated in a foreign currency, a responding tribunal of this
3state shall convert the amount stated in the foreign currency to the equivalent
4amount in dollars under the applicable official or market exchange rate as publicly
5reported.
SB473, s. 79
6Section
79. 769.306 of the statutes is amended to read:
SB473,22,12
7769.306 Inappropriate tribunal. If a petition or comparable pleading is
8received by an inappropriate tribunal of this state,
it the tribunal shall forward the
9pleading and accompanying documents to an appropriate tribunal
in of this state or
10another state and notify the petitioner
, or if the petition was filed by a support
11enforcement agency, notify the support enforcement agency by any federally
12approved transmittal system, where and when the pleading was sent.
SB473, s. 80
13Section
80. 769.307 (2) (intro.) of the statutes is amended to read:
SB473,22,1514
769.307
(2) (intro.) A support enforcement agency
of this state that is providing
15services to the petitioner shall do all of the following as appropriate:
SB473, s. 81
16Section
81. 769.307 (2) (a) of the statutes is amended to read:
SB473,22,1917
769.307
(2) (a) Take all steps necessary to enable an appropriate tribunal
in 18of this state
or, another state
, or a foreign country to obtain jurisdiction over the
19respondent.
SB473, s. 82
20Section
82. 769.307 (2) (d) of the statutes is amended to read:
SB473,22,2321
769.307
(2) (d) Within
10 2 days, exclusive of Saturdays, Sundays
, and legal
22holidays, after receipt of
a written notice
in a record from an initiating, responding
, 23or registering tribunal, send a copy of the notice to the petitioner.
SB473, s. 83
24Section
83. 769.307 (2) (e) of the statutes is amended to read:
SB473,23,3
1769.307
(2) (e) Within
10
2 days, exclusive of Saturdays, Sundays
, and legal
2holidays, after receipt of
a written communication
in a record from the respondent
3or the respondent's attorney, send a copy of the communication to the petitioner.
SB473, s. 84
4Section
84. 769.307 (3) of the statutes is renumbered 769.307 (6) and amended
5to read:
SB473,23,106
769.307
(6) This chapter does not create
or negate a relationship of attorney
7and client or other fiduciary relationship between a support enforcement agency or
8the attorney for the agency and the individual being assisted by the agency
nor does
9this chapter affect an attorney-client relationship or a fiduciary relationship that
10arises under other law.
SB473, s. 85
11Section
85. 769.307 (3m) of the statutes is created to read:
SB473,23,1412
769.307
(3m) A support enforcement agency of this state that requests
13registration of a child support order in this state for enforcement or for modification
14shall make reasonable efforts to do either of the following:
SB473,23,1515
(a) Ensure that the order to be registered is the controlling order.