Amendment ASA1-AB100

AB100-ASA1,1855,12 769.207 (1r) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which child support order controls and must be recognized under sub. (1m). The request must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every 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.

AB100-ASA1, s. 3536 Section 3536. 769.207 (2) of the statutes is amended to read:

AB100-ASA1,1855,16 769.207 (2) The tribunal that has issued an the order that is controlling and must be recognized under sub. (1) (1c), (1m) or (1r) is the tribunal having that has continuing, exclusive jurisdiction in accordance with s. 769.205.

AB100-ASA1, s. 3537 Section 3537. 769.207 (3) of the statutes is created to read:

AB100-ASA1,1855,21 769.207 (3) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b), or that issues a new child support order that is controlling under sub. (1m) (c), shall include in that order the basis upon which the tribunal made its determination.

AB100-ASA1, s. 3538 Section 3538. 769.207 (4) of the statutes is created to read:

AB100-ASA1,1856,4 769.207 (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.

AB100-ASA1, s. 3539 Section 3539. 769.304 of the statutes is renumbered 769.304 (1).

AB100-ASA1, s. 3540 Section 3540. 769.304 (2) of the statutes is created to read:

AB100-ASA1,1856,12 769.304 (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.

AB100-ASA1, s. 3541 Section 3541. 769.305 (1) of the statutes is amended to read:

AB100-ASA1,1856,19 769.305 (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 by 1st class mail, 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.

AB100-ASA1, s. 3542 Section 3542. 769.305 (5) of the statutes is amended to read:

AB100-ASA1,1856,23 769.305 (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by 1st class mail to the petitioner and the respondent and to the initiating tribunal, if any.

AB100-ASA1, s. 3543 Section 3543. 769.306 of the statutes is amended to read:

AB100-ASA1,1857,6 769.306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by 1st class mail, 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.

AB100-ASA1, s. 3544 Section 3544. 769.307 (2) (d) of the statutes is amended to read:

AB100-ASA1,1857,10 769.307 (2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by 1st class mail to the petitioner.

AB100-ASA1, s. 3545 Section 3545. 769.307 (2) (e) of the statutes is amended to read:

AB100-ASA1,1857,15 769.307 (2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by 1st class mail to the petitioner.

AB100-ASA1, s. 3546 Section 3546. 769.319 of the statutes is amended to read:

AB100-ASA1,1857,22 769.319 Receipt and disbursement of payments. A support enforcement agency or,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 or, its designee or the tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.

AB100-ASA1, s. 3547 Section 3547. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

AB100-ASA1,1857,25 CHAPTER 769

AB100-ASA1,1858,1 SUBCHAPTER V

AB100-ASA1,1858,4 DIRECT ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION

AB100-ASA1, s. 3548 Section 3548. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and amended to read:

AB100-ASA1,1858,11 769.501 (title) Recognition Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by 1st class mail to the obligor's employer without first filing a petition or comparable pleading or registering the income-withholding order with a tribunal of this state. Upon receipt of the order, the employer shall do all of the following:

AB100-ASA1, s. 3549 Section 3549. 769.501 (1) (a) of the statutes is repealed.

AB100-ASA1, s. 3550 Section 3550. 769.501 (1) (b) of the statutes is repealed.

AB100-ASA1, s. 3551 Section 3551. 769.501 (1) (c) of the statutes is repealed.

AB100-ASA1, s. 3552 Section 3552. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and amended to read:

AB100-ASA1,1858,20 769.506 (1)  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this state in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

AB100-ASA1,1858,21 (2) The obligor shall give notice of the contest to any all of the following:

AB100-ASA1,1858,23 (a) A support enforcement agency providing services to the obligee and to either of the following:.

AB100-ASA1, s. 3553 Section 3553. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and amended to read:

AB100-ASA1,1859,2 769.506 (2) (c) The Except as provided in par. (d), the person or agency designated to receive payments in the income-withholding order.

AB100-ASA1, s. 3554 Section 3554. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and amended to read:

AB100-ASA1,1859,6 769.506 (2) (d) If no person or agency is designated to receive payments in the income-withholding order, the obligee.

AB100-ASA1, s. 3555 Section 3555. 769.502 of the statutes is repealed and recreated to read:

AB100-ASA1,1859,10 769.502 Employer's compliance with income-withholding order of another state. (1) Upon receipt of an income-withholding order under s. 769.501, the obligor's employer shall immediately provide a copy of the order to the obligor.

AB100-ASA1,1859,13 (2) The employer shall treat an income-withholding order issued in another state that appears to be regular on its face as if it had been issued by a tribunal of this state.

AB100-ASA1,1859,16 (3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order, as applicable, that specify any of the following:

AB100-ASA1,1859,18 (a) The duration and amount of periodic payments of current child support, stated as a sum certain.

AB100-ASA1,1859,20 (b) The person or agency designated to receive payments and the address to which the payments are to be forwarded.

AB100-ASA1,1859,23 (c) Medical support, whether in the form of periodic cash payments, stated as a sum certain, or the provision of health insurance coverage for the child under a policy available through the obligor's employment.

AB100-ASA1,1860,3 (d) The amounts of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums certain.

AB100-ASA1,1860,5 (e) The amount of periodic payments of arrears and interest on arrears, stated as a sum certain.

AB100-ASA1,1860,7 (4) The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to all of the following:

AB100-ASA1,1860,8 (a) The employer's fee for processing an income-withholding order.

AB100-ASA1,1860,9 (b) The maximum amount permitted to be withheld from the obligor's income.

AB100-ASA1,1860,11 (c) The time periods within which the employer must implement the income-withholding order and forward the child support payment.

AB100-ASA1, s. 3556 Section 3556. 769.503 of the statutes is created to read:

AB100-ASA1,1860,18 769.503 Compliance with multiple income-withholding orders. If an obligor's employer receives multiple orders to withhold support from the earnings of the same obligor, the employer shall be considered to have satisfied the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.

AB100-ASA1, s. 3557 Section 3557. 769.504 of the statutes is created to read:

AB100-ASA1,1860,23 769.504 Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from an obligor's income.

AB100-ASA1, s. 3558 Section 3558. 769.505 of the statutes is created to read:

AB100-ASA1,1861,4 769.505 Penalties for noncompliance. An employer that wilfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an income-withholding order issued by a tribunal of this state.

AB100-ASA1, s. 3559 Section 3559. 769.506 (title) of the statutes is created to read:

AB100-ASA1,1861,6 769.506 (title) Contest by obligor.

AB100-ASA1, s. 3560 Section 3560. 769.506 (2) (b) of the statutes is created to read:

AB100-ASA1,1861,9 769.506 (2) (b) Each employer that has directly received an income-withholding order.

AB100-ASA1, s. 3561 Section 3561. 769.507 of the statutes is created to read:

AB100-ASA1,1861,14 769.507 Administrative enforcement of orders. (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.

AB100-ASA1,1861,21 (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order as provided in this chapter.

AB100-ASA1, s. 3562 Section 3562. 769.605 (1) of the statutes is amended to read:

AB100-ASA1,1862,3 769.605 (1) Whenever a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by 1st class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

AB100-ASA1, s. 3563 Section 3563. 769.606 (3) of the statutes is amended to read:

AB100-ASA1,1862,8 769.606 (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by 1st class mail of the date, time and place of the hearing.

AB100-ASA1, s. 3564 Section 3564. 769.611 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1862,13 769.611 (1) (intro.) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies the responding tribunal of this state may modify that child support order only if, after notice and hearing, it finds at least one of the following:

AB100-ASA1, s. 3565 Section 3565. 769.611 (1) (b) of the statutes is amended to read:

AB100-ASA1,1862,22 769.611 (1) (b) That an individual party or the child is subject to the personal jurisdiction of the tribunal and that all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

AB100-ASA1, s. 3566 Section 3566. 769.611 (3) of the statutes is amended to read:

AB100-ASA1,1863,3 769.611 (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If 2 or more tribunals have issued child support orders for the same obligor and child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.

AB100-ASA1, s. 3567 Section 3567. 769.611 (5) of the statutes is renumbered 769.614 and amended to read:

AB100-ASA1,1863,15 769.614 (title) Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the modified child support order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier child support order, and in each tribunal in which the party knows that the earlier child support order has been registered. Failure of the party obtaining the modified child support order to file a certified copy as required by this section subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the modified child support order of the new tribunal of continuing, exclusive jurisdiction.

AB100-ASA1, s. 3568 Section 3568. 769.613 of the statutes is created to read:

AB100-ASA1,1863,21 769.613 Jurisdiction to modify support order of another state when individual parties reside in this state. (1) If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

AB100-ASA1,1863,25 (2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall apply the provisions of this subchapter and subchs. I and II to the enforcement or modification proceeding. Subchapters III to V, VII and VIII do not apply, and the tribunal shall apply the procedural and substantive law of this state.

AB100-ASA1, s. 3569 Section 3569. 769.701 (1) of the statutes is amended to read:

AB100-ASA1,1864,8 769.701 (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.

AB100-ASA1, s. 3570 Section 3570. 769.802 (2) of the statutes is amended to read:

AB100-ASA1,1864,20 769.802 (2) If, under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

AB100-ASA1, s. 3571 Section 3571. 778.02 of the statutes is amended to read:

AB100-ASA1,1865,11 778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or delinquencies the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable enforcement assessment and any applicable domestic abuse assessment. If the defendant is a nonresident of the state, an attachment may issue.

AB100-ASA1, s. 3572 Section 3572. 778.03 of the statutes is amended to read:

AB100-ASA1,1865,20 778.03 Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof and for payment of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c) and any applicable domestic abuse assessment imposed by s. 973.055 (1).

AB100-ASA1, s. 3573 Section 3573. 778.06 of the statutes is amended to read: