AB100-engrossed,2174,1310
769.101
(19) (intro.) "State" means a state of the United States, the
district 11District of Columbia, the
commonwealth Commonwealth of Puerto Rico or any
12territory or insular possession subject to the jurisdiction of the United States. "State"
13includes
an all of the following:
AB100-engrossed,2174,14
14(a) An Indian tribe
and includes a.
AB100-engrossed,2174,19
15(b) A foreign jurisdiction that has
enacted a law or established procedures for
16issuance and enforcement of support orders that are substantially similar to the
17procedures under this chapter
or to the procedures under the Uniform Reciprocal
18Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
19Support Act.
AB100-engrossed,2174,21
21769.207 (title)
Recognition of controlling child support orders order.
AB100-engrossed, s. 5095
22Section
5095. 769.207 (1) (intro.) of the statutes is renumbered 769.207 (1m)
23(intro.) and amended to read:
AB100-engrossed,2175,324
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and
one 2 25or more child support orders have been issued
in
by tribunals of this
state or another
1state with regard to
an the same obligor and
a child, a tribunal of this state shall
2apply the following rules in determining which
child support order to recognize for
3purposes of continuing, exclusive jurisdiction:
AB100-engrossed, s. 5097
5Section
5097. 769.207 (1) (b) of the statutes is renumbered 769.207 (1m) (a)
6and amended to read:
AB100-engrossed,2175,107
769.207
(1m) (a) If
2 or more tribunals have issued child support orders for the
8same obligor and child and only one of the tribunals would have continuing, exclusive
9jurisdiction under this chapter, the
child support order of that tribunal
is controlling
10and must be recognized.
AB100-engrossed, s. 5098
11Section
5098. 769.207 (1) (c) of the statutes is renumbered 769.207 (1m) (b)
12and amended to read:
AB100-engrossed,2175,1813
769.207
(1m) (b) If
2 or more tribunals have issued child support orders for the
14same obligor and child and more than one of the tribunals would have continuing,
15exclusive jurisdiction under this chapter,
an a child support order issued by a
16tribunal in the current home state of the child must be recognized, but if
an a child
17support order has not been issued in the current home state of the child, the
child
18support order most recently issued
is controlling and must be recognized.
AB100-engrossed, s. 5099
19Section
5099. 769.207 (1) (d) of the statutes is renumbered 769.207 (1m) (c)
20and amended to read:
AB100-engrossed,2175,2521
769.207
(1m) (c) If
2 or more tribunals have issued child support orders for the
22same obligor and child and none of the tribunals would have continuing, exclusive
23jurisdiction under this chapter, the tribunal of this state
may having jurisdiction over
24the parties must issue a child support order, which
is controlling and must be
25recognized.
AB100-engrossed,2176,42
769.207
(1c) If a proceeding is brought under this chapter and only one tribunal
3has issued a child support order, the child support order of that tribunal is controlling
4and must be recognized.
AB100-engrossed,2176,136
769.207
(1r) If 2 or more child support orders have been issued for the same
7obligor and child and if the obligor or the individual obligee resides in this state, a
8party may request a tribunal of this state to determine which child support order
9controls and must be recognized under sub. (1m). The request must be accompanied
10by a certified copy of every child support order issued for the obligor and child that
11is in effect. Every party whose rights may be affected by a determination of which
12child support order controls must be given notice of the request for that
13determination.
AB100-engrossed,2176,1715
769.207
(2) The tribunal that
has issued
an the order
that is controlling and
16must be recognized under sub.
(1) (1c), (1m) or (1r) is the tribunal
having that has 17continuing, exclusive jurisdiction
in accordance with s. 769.205.
AB100-engrossed,2176,2219
769.207
(3) A tribunal of this state that determines by order which child
20support order is controlling under sub. (1m) (a) or (b), or that issues a new child
21support order that is controlling under sub. (1m) (c), shall include in that order the
22basis upon which the tribunal made its determination.
AB100-engrossed,2177,524
769.207
(4) Within 30 days after the issuance of an order determining which
25child support order is controlling, the party that obtained the order shall file a
1certified copy of the order with each tribunal that had issued or registered an earlier
2child support order. Failure of the party obtaining the order to file a certified copy
3of the order as required by this subsection subjects the party to appropriate sanctions
4by a tribunal in which the issue of failure to file arises, but that failure has no effect
5on the validity or enforceability of the controlling child support order.
AB100-engrossed,2177,138
769.304
(2) If a responding state has not enacted this chapter or a law or
9procedure substantially similar to this chapter, a tribunal of this state may issue a
10certificate or other documents and make findings required by the law of the
11responding state. If the responding state is a foreign jurisdiction, the tribunal may
12specify the amount of support sought and provide other documents necessary to
13satisfy the requirements of the responding state.
AB100-engrossed,2177,2015
769.305
(1) Whenever a responding tribunal of this state receives a petition or
16comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it
17shall cause the petition or pleading to be filed and notify the petitioner
by 1st class
18mail, or if the petition was filed by a support enforcement agency, notify the support
19enforcement agency by any federally approved transmittal system, where and when
20it was filed.
AB100-engrossed,2177,2422
769.305
(5) If a responding tribunal of this state issues an order under this
23chapter, the tribunal shall send a copy of the order
by 1st class mail to the petitioner
24and the respondent and to the initiating tribunal, if any.
AB100-engrossed,2178,6
1769.306 Inappropriate tribunal. If a petition or comparable pleading is
2received by an inappropriate tribunal of this state, it shall forward the pleading and
3accompanying documents to an appropriate tribunal in this state or another state
4and notify the petitioner
by 1st class mail, or if the petition was filed by a support
5enforcement agency, notify the support enforcement agency by any federally
6approved transmittal system, where and when the pleading was sent.
AB100-engrossed,2178,108
769.307
(2) (d) Within 10 days, exclusive of Saturdays, Sundays and legal
9holidays, after receipt of a written notice from an initiating, responding or
10registering tribunal, send a copy of the notice
by 1st class mail to the petitioner.
AB100-engrossed,2178,1512
769.307
(2) (e) Within 10 days, exclusive of Saturdays, Sundays and legal
13holidays, after receipt of a written communication from the respondent or the
14respondent's attorney, send a copy of the communication
by 1st class mail to the
15petitioner.
AB100-engrossed,2178,22
17769.319 Receipt and disbursement of payments. A support enforcement
18agency
or,its designee or a tribunal of this state shall disburse promptly any amounts
19received under a support order, as directed by the order. The agency
or, its designee
20or the tribunal shall furnish to a requesting party or tribunal of another state a
21certified statement by the custodian of the record of the amounts and dates of all
22payments received.
AB100-engrossed, s. 5113
23Section
5113. Subchapter V (title) of chapter 769 [precedes 769.501] of the
24statutes is amended to read:
AB100-engrossed,2179,4
2DIRECT ENFORCEMENT OF ORDER
3
OF ANOTHER STATE
4
WITHOUT REGISTRATION
AB100-engrossed, s. 5114
5Section
5114. 769.501 (1) (intro.) of the statutes is renumbered 769.501 and
6amended to read:
AB100-engrossed,2179,11
7769.501 (title)
Recognition
Employer's receipt of income-withholding
8order of another state. An income-withholding order issued in another state may
9be sent
by 1st class mail to the obligor's employer without first filing a petition or
10comparable pleading or registering the
income-withholding order with a tribunal of
11this state.
Upon receipt of the order, the employer shall do all of the following:
AB100-engrossed, s. 5118
15Section
5118. 769.501 (2) (intro.) of the statutes is renumbered 769.506 (1) and
16amended to read:
AB100-engrossed,2179,2017
769.506
(1) An obligor may contest the validity or enforcement of an
18income-withholding order issued in another state
and received directly by an
19employer in this state in the same manner as if the order had been issued by a
20tribunal of this state. Section 769.604 applies to the contest.
AB100-engrossed,2179,21
21(2) The obligor shall give notice of the contest to
any all of the following:
AB100-engrossed,2179,23
22(a) A support enforcement agency providing services to the obligee
and to either
23of the following:.
AB100-engrossed, s. 5119
24Section
5119. 769.501 (2) (a) of the statutes is renumbered 769.506 (2) (c) and
25amended to read:
AB100-engrossed,2180,2
1769.506
(2) (c)
The Except as provided in par. (d), the person or agency
2designated to receive payments in the income-withholding order.
AB100-engrossed, s. 5120
3Section
5120. 769.501 (2) (b) of the statutes is renumbered 769.506 (2) (d) and
4amended to read:
AB100-engrossed,2180,65
769.506
(2) (d) If no person or agency is designated
to receive payments in the
6income-withholding order, the obligee.
AB100-engrossed,2180,10
8769.502 Employer's compliance with income-withholding order of
9another state. (1) Upon receipt of an income-withholding order under s. 769.501,
10the obligor's employer shall immediately provide a copy of the order to the obligor.
AB100-engrossed,2180,13
11(2) The employer shall treat an income-withholding order issued in another
12state that appears to be regular on its face as if it had been issued by a tribunal of
13this state.
AB100-engrossed,2180,16
14(3) Except as provided in sub. (4) and s. 769.503, the employer shall withhold
15and distribute the funds as directed in the income-withholding order by complying
16with the terms of the order, as applicable, that specify any of the following:
AB100-engrossed,2180,1817
(a) The duration and amount of periodic payments of current child support,
18stated as a sum certain.
AB100-engrossed,2180,2019
(b) The person or agency designated to receive payments and the address to
20which the payments are to be forwarded.
AB100-engrossed,2180,2321
(c) Medical support, whether in the form of periodic cash payments, stated as
22a sum certain, or the provision of health insurance coverage for the child under a
23policy available through the obligor's employment.
AB100-engrossed,2181,3
1(d) The amounts of periodic payments of fees and costs for a support
2enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums
3certain.
AB100-engrossed,2181,54
(e) The amount of periodic payments of arrears and interest on arrears, stated
5as a sum certain.
AB100-engrossed,2181,7
6(4) The employer shall comply with the law of the state of the obligor's principal
7place of employment for withholding from income with respect to all of the following:
AB100-engrossed,2181,88
(a) The employer's fee for processing an income-withholding order.
AB100-engrossed,2181,99
(b) The maximum amount permitted to be withheld from the obligor's income.
AB100-engrossed,2181,1110
(c) The time periods within which the employer must implement the
11income-withholding order and forward the child support payment.
AB100-engrossed,2181,18
13769.503 Compliance with multiple income-withholding orders. If an
14obligor's employer receives multiple orders to withhold support from the earnings of
15the same obligor, the employer shall be considered to have satisfied the terms of the
16multiple orders if the employer complies with the law of the state of the obligor's
17principal place of employment to establish the priorities for withholding and
18allocating income withheld for multiple child support obligees.
AB100-engrossed,2181,23
20769.504 Immunity from civil liability. An employer that complies with an
21income-withholding order issued in another state in accordance with this
22subchapter is not subject to civil liability to any individual or agency with regard to
23the employer's withholding of child support from an obligor's income.
AB100-engrossed,2182,4
1769.505 Penalties for noncompliance. An employer that wilfully fails to
2comply with an income-withholding order issued by another state and received for
3enforcement is subject to the same penalties that may be imposed for noncompliance
4with an income-withholding order issued by a tribunal of this state.
AB100-engrossed,2182,6
6769.506 (title)
Contest by obligor.
AB100-engrossed,2182,98
769.506
(2) (b) Each employer that has directly received an
9income-withholding order.
AB100-engrossed,2182,14
11769.507 Administrative enforcement of orders. (1) A party seeking to
12enforce a support order or an income-withholding order, or both, issued by a tribunal
13of another state may send the documents required for registering the order to a
14support enforcement agency of this state.
AB100-engrossed,2182,21
15(2) Upon receipt of the documents, the support enforcement agency, without
16initially seeking to register the order, shall consider and, if appropriate, use any
17administrative procedure authorized by the law of this state to enforce a support
18order or an income-withholding order, or both. If the obligor does not contest
19administrative enforcement, the order need not be registered. If the obligor contests
20the validity or administrative enforcement of the order, the support enforcement
21agency shall register the order as provided in this chapter.
AB100-engrossed,2183,323
769.605
(1) Whenever a support order or income-withholding order issued in
24another state is registered, the registering tribunal shall notify the nonregistering
25party.
Notice must be given by 1st class, certified or registered mail or by any means
1of personal service authorized by the law of this state. The notice must be
2accompanied by a copy of the registered order and the documents and relevant
3information accompanying the order.
AB100-engrossed,2183,85
769.606
(3) If a nonregistering party requests a hearing to contest the validity
6or enforcement of the registered order, the registering tribunal shall schedule the
7matter for hearing and give notice to the parties
by 1st class mail of the date, time
8and place of the hearing.
AB100-engrossed,2183,1310
769.611
(1) (intro.) After a child support order issued in another state has been
11registered in this state,
unless s. 769.613 applies the responding tribunal of this state
12may modify that
child support order only if, after notice and hearing, it finds at least
13one of the following: