SB473: Bill Text

SB473,10,18 769.102 (2) The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.

SB473, s. 37 Section 37. 769.103 of the statutes is renumbered 769.103 (1).

SB473, s. 38 Section 38. 769.103 (2) of the statutes is created to read:

SB473,10,21 769.103 (2) This chapter does not do any of the following:

SB473,10,23 (a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.

SB473,11,3 (b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.

SB473, s. 39 Section 39. 769.105 of the statutes is created to read:

SB473,11,8 769.105 Application of chapter to resident of foreign country and foreign support proceeding. (1) A tribunal of this state shall apply subchs. I to VI and, as applicable, subch. VII, to a support proceeding that involves any of the following:

SB473,11,9 (a) A foreign support order.

SB473,11,10 (b) A foreign tribunal.

SB473,11,11 (c) An obligee, obligor, or child residing in a foreign country.

SB473,11,14 (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of subchs. I to VI.

SB473,11,17 (3) Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI, subch. VII controls.

SB473, s. 40 Section 40. 769.201 of the statutes is renumbered 769.201 (1m), and 769.201 (1m) (intro.) and (g), as renumbered, are amended to read:

SB473,11,23 769.201 (1m) (intro.) In a proceeding under this chapter to establish, or enforce or modify a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if any of the following applies:

SB473,12,2 (g) The individual asserted parentage of a child in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

SB473, s. 41 Section 41. 769.201 (2m) of the statutes is created to read:

SB473,12,8 769.201 (2m) The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.

SB473, s. 42 Section 42. 769.202 of the statutes is repealed and recreated to read:

SB473,12,14 769.202 Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ss. 769.205, 769.206, and 769.211.

SB473, s. 43 Section 43. 769.203 of the statutes is amended to read:

SB473,12,19 769.203 Initiating and responding tribunal of this state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

SB473, s. 44 Section 44. 769.204 (title) of the statutes is amended to read:

SB473,12,21 769.204 (title) Simultaneous proceedings in another state.

SB473, s. 45 Section 45. 769.204 (1) (intro.) of the statutes is amended to read:

SB473,13,2 769.204 (1) (intro.) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if all of the following apply:

SB473, s. 46 Section 46. 769.204 (1) (a) of the statutes is amended to read:

SB473,13,7 769.204 (1) (a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country.

SB473, s. 47 Section 47. 769.204 (1) (b) of the statutes is amended to read:

SB473,13,10 769.204 (1) (b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.

SB473, s. 48 Section 48. 769.204 (2) (intro.) of the statutes is amended to read:

SB473,13,15 769.204 (2) (intro.) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following apply:

SB473, s. 49 Section 49. 769.204 (2) (a) of the statutes is amended to read:

SB473,13,19 769.204 (2) (a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.

SB473, s. 50 Section 50. 769.204 (2) (c) of the statutes is amended to read:

SB473,13,22 769.204 (2) (c) If relevant, the other state or foreign country is the home state of the child.

SB473, s. 51 Section 51. 769.205 of the statutes is repealed and recreated to read:

SB473,14,3 769.205 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:

SB473,14,6 (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.

SB473,14,10 (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.

SB473,14,13 (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:

SB473,14,17 (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.

SB473,14,18 (b) Its order is not the controlling order.

SB473,14,23 (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.

SB473,15,3 (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.

SB473,15,6 (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.

SB473, s. 52 Section 52. 769.206 of the statutes is repealed and recreated to read:

SB473,15,11 769.206 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:

SB473,15,14 (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.

SB473,15,17 (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.

SB473,15,19 (2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

SB473, s. 53 Section 53. 769.207 (title) of the statutes is amended to read:

SB473,15,22 769.207 (title) Recognition Determination of controlling child support order.

SB473, s. 54 Section 54. 769.207 (1m) (intro.) of the statutes is amended to read:

SB473,16,5 769.207 (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:

SB473, s. 55 Section 55. 769.207 (1m) (a) of the statutes is amended to read:

SB473,16,9 769.207 (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.

SB473, s. 56 Section 56. 769.207 (1m) (b) of the statutes is amended to read:

SB473,16,15 769.207 (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.

SB473, s. 57 Section 57. 769.207 (1m) (c) of the statutes is amended to read:

SB473,16,20 769.207 (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.

SB473, s. 58 Section 58. 769.207 (1r) of the statutes is amended to read:

SB473,17,4 769.207 (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.

SB473,17,10 (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.

SB473, s. 59 Section 59. 769.207 (2) of the statutes is amended to read:

SB473,17,14 769.207 (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.

SB473, s. 60 Section 60. 769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and amended to read:

SB473,17,20 769.207 (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:

SB473,17,21 (a) The basis upon which the tribunal made its determination.

SB473, s. 61 Section 61. 769.207 (3) (b) of the statutes is created to read:

SB473,17,23 769.207 (3) (b) The amount of prospective support, if any.

SB473, s. 62 Section 62. 769.207 (3) (c) of the statutes is created to read:

SB473,18,3 769.207 (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.

SB473, s. 63 Section 63. 769.207 (5) of the statutes is created to read:

SB473,18,7 769.207 (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.

SB473, s. 64 Section 64. 769.208 of the statutes is amended to read:

SB473,18,14 769.208 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.

SB473, s. 65 Section 65. 769.209 of the statutes is amended to read:

SB473,18,21 769.209 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.

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: