SB473: Bill Text

SB473,16,20 769.207 (1m) (c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state having jurisdiction over the parties must shall issue a child support order, which is controlling and must be recognized controls.

SB473, s. 58 Section 58. 769.207 (1r) of the statutes is amended to read:

SB473,17,4 769.207 (1r) If 2 or more child support orders have been issued for the same obligor and same child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to, upon the request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which child support order controls and must be recognized under sub. (1m). The request may be filed with a registration for enforcement or registration for modification under subch. VI, or may be filed as a separate proceeding.

SB473,17,10 (1t) A request to determine which is the controlling child support order must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every and the applicable record of payments. The requesting party shall give each party whose rights may be affected by a determination of which child support order controls must be given notice of the request for that determination.

SB473, s. 59 Section 59. 769.207 (2) of the statutes is amended to read:

SB473,17,14 769.207 (2) The tribunal that issued the order that is controlling and must be recognized under sub. (1c), (1m), or (1r) is the tribunal that has continuing, exclusive jurisdiction in accordance with to the extent provided in s. 769.205 or 769.206.

SB473, s. 60 Section 60. 769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and amended to read:

SB473,17,20 769.207 (3) (intro.) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b) or (1r), or that issues a new child support order that is controlling under sub. (1m) (c), shall include state in that order the all of the following:

SB473,17,21 (a) The basis upon which the tribunal made its determination.

SB473, s. 61 Section 61. 769.207 (3) (b) of the statutes is created to read:

SB473,17,23 769.207 (3) (b) The amount of prospective support, if any.

SB473, s. 62 Section 62. 769.207 (3) (c) of the statutes is created to read:

SB473,18,3 769.207 (3) (c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by s. 769.209.

SB473, s. 63 Section 63. 769.207 (5) of the statutes is created to read:

SB473,18,7 769.207 (5) An order that has been determined to be the controlling child support order, or a judgment for consolidated arrears of support and interest, if any, made under this section, must be recognized in proceedings under this chapter.

SB473, s. 64 Section 64. 769.208 of the statutes is amended to read:

SB473,18,14 769.208 Multiple child Child support orders for 2 or more obligees. In responding to multiple registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.

SB473, s. 65 Section 65. 769.209 of the statutes is amended to read:

SB473,18,21 769.209 Credit for payments. Amounts A tribunal of this state shall credit amounts collected and credited for a particular period pursuant to a any child support order issued by a tribunal of another state must be credited against the amounts accruing or accrued owed for the same period under a any other child support order for support of the same child issued by the a tribunal of this state, another state, or a foreign country.

SB473, s. 66 Section 66. 769.210 of the statutes is created to read:

SB473,19,5 769.210 Application of act to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to s. 769.316, communicate with a tribunal outside this state pursuant to s. 769.317, and obtain discovery through a tribunal outside this state pursuant to s. 769.318. In all other respects, subchs. III to VI do not apply, and the tribunal shall apply the procedural and substantive law of this state.

SB473, s. 67 Section 67. 769.211 of the statutes is created to read:

SB473,19,10 769.211 Continuing, exclusive jurisdiction to modify spousal support order. (1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

SB473,19,13 (2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

SB473,19,15 (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:

SB473,19,17 (a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.

SB473,19,18 (b) A responding tribunal to enforce or modify its own spousal support order.

SB473, s. 68 Section 68. 769.301 (2) of the statutes is repealed.

SB473, s. 69 Section 69. 769.301 (3) of the statutes is amended to read:

SB473,19,25 769.301 (3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.

SB473, s. 70 Section 70. 769.302 of the statutes is amended to read:

SB473,20,10 769.302 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding s. 767.407 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a circuit court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.82 (1).

SB473, s. 71 Section 71. 769.304 (1) of the statutes is amended to read:

SB473,20,18 769.304 (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward 3 copies of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or, if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

SB473, s. 72 Section 72. 769.304 (2) of the statutes is amended to read:

SB473,21,3 769.304 (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter requested by the responding tribunal, a tribunal of this state may shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding state tribunal is in a foreign jurisdiction, country, upon request the tribunal may of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state foreign tribunal.

SB473, s. 73 Section 73. 769.305 (1) of the statutes is amended to read:

SB473,21,9 769.305 (1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when it was filed.

SB473, s. 74 Section 74. 769.305 (2) (intro.) of the statutes is amended to read:

SB473,21,12 769.305 (2) (intro.) A responding tribunal of this state, to the extent otherwise authorized not prohibited by other law, may do any of the following:

SB473, s. 75 Section 75. 769.305 (2) (a) of the statutes is amended to read:

SB473,21,16 769.305 (2) (a) Issue Establish or enforce a support order, modify a child support order, determine the controlling child support order, or render a judgment to determine parentage of a child.

SB473, s. 76 Section 76. 769.305 (2) (b) of the statutes is amended to read:

SB473,21,19 769.305 (2) (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.

SB473, s. 77 Section 77. 769.305 (2) (h) of the statutes is amended to read:

SB473,21,23 769.305 (2) (h) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment.

SB473, s. 78 Section 78. 769.305 (6) of the statutes is created to read:

SB473,22,5 769.305 (6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

SB473, s. 79 Section 79. 769.306 of the statutes is amended to read:

SB473,22,12 769.306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in of this state or another state and notify the petitioner, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when the pleading was sent.

SB473, s. 80 Section 80. 769.307 (2) (intro.) of the statutes is amended to read:

SB473,22,15 769.307 (2) (intro.) A support enforcement agency of this state that is providing services to the petitioner shall do all of the following as appropriate:

SB473, s. 81 Section 81. 769.307 (2) (a) of the statutes is amended to read:

SB473,22,19 769.307 (2) (a) Take all steps necessary to enable an appropriate tribunal in of this state or, another state, or a foreign country to obtain jurisdiction over the respondent.

SB473, s. 82 Section 82. 769.307 (2) (d) of the statutes is amended to read:

SB473,22,23 769.307 (2) (d) Within 10 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner.

SB473, s. 83 Section 83. 769.307 (2) (e) of the statutes is amended to read:

SB473,23,3 769.307 (2) (e) Within 10 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.

SB473, s. 84 Section 84. 769.307 (3) of the statutes is renumbered 769.307 (6) and amended to read:

SB473,23,10 769.307 (6) This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency nor does this chapter affect an attorney-client relationship or a fiduciary relationship that arises under other law.

SB473, s. 85 Section 85. 769.307 (3m) of the statutes is created to read:

SB473,23,14 769.307 (3m) A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts to do either of the following:

SB473,23,15 (a) Ensure that the order to be registered is the controlling order.

SB473,23,18 (b) If 2 or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.

SB473, s. 86 Section 86. 769.307 (4) of the statutes is created to read:

SB473,23,24 769.307 (4) A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.

SB473, s. 87 Section 87. 769.307 (5) of the statutes is created to read:

SB473,24,4 769.307 (5) A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state under s. 769.319.

SB473, s. 88 Section 88. 769.308 of the statutes is renumbered 769.308 (1).

SB473, s. 89 Section 89. 769.308 (2) of the statutes is created to read:

SB473,24,9 769.308 (2) The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.

SB473, s. 90 Section 90. 769.31 (2) (b) of the statutes is amended to read:

SB473,24,12 769.31 (2) (b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states.

SB473, s. 91 Section 91. 769.31 (2) (c) of the statutes is amended to read:

SB473,24,18 769.31 (2) (c) Forward to the appropriate tribunal in the place county in this state in which the individual obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating another state or a foreign country.

SB473, s. 92 Section 92. 769.311 (1) of the statutes is amended to read:

SB473,25,7 769.311 (1) A In a proceeding under this chapter, a petitioner seeking to establish or modify a support order or , to determine parentage in a proceeding under this chapter of a child, or to register and modify a support order of a tribunal of another state or a foreign country must verify the file a petition. Unless otherwise ordered under s. 769.312, the petition or accompanying documents must provide, so far as known, the names, residential addresses, and social security numbers and dates of birth of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whom whose benefit support is sought. The or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a certified copy of any support order in effect known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.

SB473, s. 93 Section 93. 769.312 of the statutes is amended to read:

SB473,25,19 769.312 Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be unreasonably put at risk jeopardized by the disclosure of specific identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying that information must be sealed and may not be disclosed in a pleading or other document filed in a proceeding under this chapter to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.

SB473, s. 94 Section 94. 769.313 (2) of the statutes is amended to read:

SB473,26,4 769.313 (2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs , and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.

SB473, s. 95 Section 95. 769.314 (1) of the statutes is amended to read:

SB473,26,9 769.314 (1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney , or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.

SB473, s. 96 Section 96. 769.314 (3) of the statutes is amended to read:

SB473,26,13 769.314 (3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.

SB473, s. 97 Section 97. 769.316 (1) of the statutes is amended to read:

SB473,26,18 769.316 (1) The physical presence of the petitioner a nonresident party who is an individual in a responding tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

SB473, s. 98 Section 98. 769.316 (2) of the statutes is amended to read:

SB473,26,24 769.316 (2) A verified petition, An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under oath penalty of perjury by a party or witness residing in another outside this state.