SB473: Bill Text

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.

SB473,29,3 (b) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.

SB473, s. 108 Section 108. 769.319 (3) of the statutes is created to read:

SB473,29,8 769.319 (3) The support enforcement agency of this state receiving redirected payments from another state under a law similar to sub. (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.

SB473, s. 109 Section 109. Subchapter IV (title) of chapter 769 [precedes 769.401] of the statutes is amended to read:

SB473,29,11 CHAPTER 769

SB473,29,12 SUBCHAPTER IV

SB473,29,14 ESTABLISHMENT OF SUPPORT ORDER or determination of parentage

SB473, s. 110 Section 110. 769.401 (1) (intro.) of the statutes is amended to read:

SB473,29,18 769.401 (1) (intro.) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if any of the following applies:

SB473, s. 111 Section 111. 769.401 (1) (a) of the statutes is amended to read:

SB473,29,21 769.401 (1) (a) The individual seeking the order resides in another outside this state.

SB473, s. 112 Section 112. 769.401 (1) (b) of the statutes is amended to read:

SB473,29,24 769.401 (1) (b) The support enforcement agency seeking the order is located in another outside this state.

SB473, s. 113 Section 113. 769.401 (2) of the statutes is repealed and recreated to read:

SB473,30,3 769.401 (2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:

SB473,30,4 (a) A presumed father of the child.

SB473,30,5 (b) An individual who is petitioning to have his paternity adjudicated.

SB473,30,7 (c) An individual who has been identified as the father of the child through genetic testing.

SB473,30,8 (d) An alleged father of the child who has declined to submit to genetic testing.

SB473,30,10 (e) An individual who has been shown by clear and convincing evidence to be the father of the child.

SB473,30,11 (f) An individual who has acknowledged paternity of the child under s. 767.805.

SB473,30,12 (g) The mother of the child.

SB473,30,14 (h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

SB473, s. 114 Section 114. 769.402 of the statutes is created to read:

SB473,30,19 769.402 Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

SB473, s. 115 Section 115. Subchapter V (title) of chapter 769 [precedes 769.501] of the statutes is amended to read:

SB473,30,22 CHAPTER 769

SB473,30,23 SUBCHAPTER V

SB473,31,3 ENFORCEMENT OF Support ORDER OF ANOTHER STATE WITHOUT REGISTRATION

SB473, s. 116 Section 116. 769.501 of the statutes is amended to read:

SB473,31,9 769.501 Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, 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.

SB473, s. 117 Section 117. 769.505 of the statutes is amended to read:

SB473,31,14 769.505 Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued by in 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.

SB473, s. 118 Section 118. 769.506 (1) of the statutes is amended to read:

SB473,31,21 769.506 (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 by registering the order in a tribunal of this state and filing a contest to that order as provided in subch. VI, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this state. Section 769.604 applies to the contest.

SB473, s. 119 Section 119. 769.507 (1) of the statutes is amended to read:

SB473,32,2 769.507 (1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state.

SB473, s. 120 Section 120. Subchapter VI (title) of chapter 769 [precedes 769.601] of the statutes is amended to read:

SB473,32,5 CHAPTER 769