SB473: Bill Text

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SB473, s. 68 Section 68. 769.301 (2) of the statutes is repealed.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

SB473, s. 99 Section 99. 769.316 (4) of the statutes is amended to read:

SB473,27,7 769.316 (4) Copies of bills for testing for parentage of a child, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary, and customary.

SB473, s. 100 Section 100. 769.316 (5) of the statutes is amended to read:

SB473,27,12 769.316 (5) Documentary evidence transmitted from another outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original writing record may not be excluded from evidence on an objection based on the means of transmission.

SB473, s. 101 Section 101. 769.316 (6) of the statutes is amended to read:

SB473,27,19 769.316 (6) In a proceeding under this chapter, a tribunal of this state may shall permit a party or witness residing in another outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with other tribunals of other states in designating an appropriate location for the deposition or testimony.

SB473, s. 102 Section 102. 769.316 (10) of the statutes is created to read:

SB473,27,22 769.316 (10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

SB473, s. 103 Section 103. 769.317 of the statutes is amended to read:

SB473,28,4 769.317 Communications between tribunals. A tribunal of this state may communicate with a tribunal of another outside this state in writing, a record or by telephone, electronic mail, or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree , or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another outside this state.

SB473, s. 104 Section 104. 769.318 (1) of the statutes is amended to read:

SB473,28,7 769.318 (1) Request a tribunal of another outside this state to assist in obtaining discovery.

SB473, s. 105 Section 105. 769.318 (2) of the statutes is amended to read:

SB473,28,10 769.318 (2) Upon request, compel a person over whom which it has jurisdiction to respond to a discovery order issued by a tribunal of another outside this state.

SB473, s. 106 Section 106. 769.319 of the statutes is renumbered 769.319 (1) and amended to read:

SB473,28,18 769.319 (1) A support enforcement agency, its designee , or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee, or the tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.

SB473, s. 107 Section 107. 769.319 (2) of the statutes is created to read:

SB473,28,23 769.319 (2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall do all of the following:

SB473,28,25 (a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.