AB686: Bill Text

AB686,13,22 769.204 (2) (c) If relevant, the other state or foreign country is the home state of the child.

AB686, s. 51 Section 51. 769.205 of the statutes is repealed and recreated to read:

AB686,14,3 769.205 Continuing, exclusive jurisdiction to modify child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and any of the following applies:

AB686,14,6 (a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.

AB686,14,10 (b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

AB686,14,13 (2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if any of the following applies:

AB686,14,17 (a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction.

AB686,14,18 (b) Its order is not the controlling order.

AB686,14,23 (3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

AB686,15,3 (4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

AB686,15,6 (5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

AB686, s. 52 Section 52. 769.206 of the statutes is repealed and recreated to read:

AB686,15,11 769.206 Continuing jurisdiction to enforce child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce any of the following:

AB686,15,14 (a) The order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act.

AB686,15,17 (b) A money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.

AB686,15,19 (2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

AB686, s. 53 Section 53. 769.207 (title) of the statutes is amended to read:

AB686,15,22 769.207 (title) Recognition Determination of controlling child support order.

AB686, s. 54 Section 54. 769.207 (1m) (intro.) of the statutes is amended to read:

AB686,16,5 769.207 (1m) (intro.) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of this state or, another state, or a foreign country with regard to the same obligor and child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules in determining and by order shall determine which child support order to recognize for purposes of continuing, exclusive jurisdiction controls and must be recognized:

AB686, s. 55 Section 55. 769.207 (1m) (a) of the statutes is amended to read:

AB686,16,9 769.207 (1m) (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal is controlling and must be recognized controls.

AB686, s. 56 Section 56. 769.207 (1m) (b) of the statutes is amended to read:

AB686,16,15 769.207 (1m) (b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, a child support order issued by a tribunal in the current home state of the child must be recognized, but controls, or, if a child support order has not been issued in the current home state of the child, the child support order most recently issued is controlling and must be recognized controls.

AB686, s. 57 Section 57. 769.207 (1m) (c) of the statutes is amended to read:

AB686,16,20 769.207 (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.

AB686, s. 58 Section 58. 769.207 (1r) of the statutes is amended to read:

AB686,17,4 769.207 (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.

AB686,17,10 (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.

AB686, s. 59 Section 59. 769.207 (2) of the statutes is amended to read:

AB686,17,14 769.207 (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.

AB686, s. 60 Section 60. 769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and amended to read:

AB686,17,20 769.207 (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:

AB686,17,21 (a) The basis upon which the tribunal made its determination.

AB686, s. 61 Section 61. 769.207 (3) (b) of the statutes is created to read:

AB686,17,23 769.207 (3) (b) The amount of prospective support, if any.

AB686, s. 62 Section 62. 769.207 (3) (c) of the statutes is created to read:

AB686,18,3 769.207 (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.

AB686, s. 63 Section 63. 769.207 (5) of the statutes is created to read:

AB686,18,7 769.207 (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.

AB686, s. 64 Section 64. 769.208 of the statutes is amended to read:

AB686,18,14 769.208 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.

AB686, s. 65 Section 65. 769.209 of the statutes is amended to read:

AB686,18,21 769.209 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.

AB686, s. 66 Section 66. 769.210 of the statutes is created to read:

AB686,19,5 769.210 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.

AB686, s. 67 Section 67. 769.211 of the statutes is created to read:

AB686,19,10 769.211 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.

AB686,19,13 (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.

AB686,19,15 (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:

AB686,19,17 (a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.

AB686,19,18 (b) A responding tribunal to enforce or modify its own spousal support order.

AB686, s. 68 Section 68. 769.301 (2) of the statutes is repealed.

AB686, s. 69 Section 69. 769.301 (3) of the statutes is amended to read:

AB686,19,25 769.301 (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.

AB686, s. 70 Section 70. 769.302 of the statutes is amended to read:

AB686,20,10 769.302 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).

AB686, s. 71 Section 71. 769.304 (1) of the statutes is amended to read:

AB686,20,18 769.304 (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.

AB686, s. 72 Section 72. 769.304 (2) of the statutes is amended to read:

AB686,21,3 769.304 (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.

AB686, s. 73 Section 73. 769.305 (1) of the statutes is amended to read:

AB686,21,9 769.305 (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.

AB686, s. 74 Section 74. 769.305 (2) (intro.) of the statutes is amended to read:

AB686,21,12 769.305 (2) (intro.) A responding tribunal of this state, to the extent otherwise authorized not prohibited by other law, may do any of the following:

AB686, s. 75 Section 75. 769.305 (2) (a) of the statutes is amended to read:

AB686,21,16 769.305 (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.

AB686, s. 76 Section 76. 769.305 (2) (b) of the statutes is amended to read:

AB686,21,19 769.305 (2) (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.

AB686, s. 77 Section 77. 769.305 (2) (h) of the statutes is amended to read:

AB686,21,23 769.305 (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.

AB686, s. 78 Section 78. 769.305 (6) of the statutes is created to read:

AB686,22,5 769.305 (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.

AB686, s. 79 Section 79. 769.306 of the statutes is amended to read:

AB686,22,12 769.306 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.

AB686, s. 80 Section 80. 769.307 (2) (intro.) of the statutes is amended to read:

AB686,22,15 769.307 (2) (intro.) A support enforcement agency of this state that is providing services to the petitioner shall do all of the following as appropriate:

AB686, s. 81 Section 81. 769.307 (2) (a) of the statutes is amended to read:

AB686,22,19 769.307 (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.

AB686, s. 82 Section 82. 769.307 (2) (d) of the statutes is amended to read:

AB686,22,23 769.307 (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.

AB686, s. 83 Section 83. 769.307 (2) (e) of the statutes is amended to read:

AB686,23,3 769.307 (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.

AB686, s. 84 Section 84. 769.307 (3) of the statutes is renumbered 769.307 (6) and amended to read:

AB686,23,10 769.307 (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.

AB686, s. 85 Section 85. 769.307 (3m) of the statutes is created to read:

AB686,23,14 769.307 (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:

AB686,23,15 (a) Ensure that the order to be registered is the controlling order.

AB686,23,18 (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.