SB473,10,1817
769.102
(2) The department of children and families and county child support
18agencies under s. 59.53 (5) are the support enforcement agencies of this state.
SB473, s. 37
19Section
37. 769.103 of the statutes is renumbered 769.103 (1).
SB473, s. 38
20Section
38. 769.103 (2) of the statutes is created to read:
SB473,10,2121
769.103
(2) This chapter does not do any of the following:
SB473,10,2322
(a) Provide the exclusive method of establishing or enforcing a support order
23under the law of this state.
SB473,11,3
1(b) Grant a tribunal of this state jurisdiction to render judgment or issue an
2order relating to legal custody or physical placement of a child in a proceeding under
3this chapter.
SB473, s. 39
4Section
39. 769.105 of the statutes is created to read:
SB473,11,8
5769.105 Application of chapter to resident of foreign country and
6foreign support proceeding. (1) A tribunal of this state shall apply subchs. I to
7VI and, as applicable, subch. VII, to a support proceeding that involves any of the
8following:
SB473,11,99
(a) A foreign support order.
SB473,11,1010
(b) A foreign tribunal.
SB473,11,1111
(c) An obligee, obligor, or child residing in a foreign country.
SB473,11,14
12(2) A tribunal of this state that is requested to recognize and enforce a support
13order on the basis of comity may apply the procedural and substantive provisions of
14subchs. I to VI.
SB473,11,17
15(3) Subchapter VII applies only to a support proceeding under the convention.
16In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI,
17subch. VII controls.
SB473, s. 40
18Section
40. 769.201 of the statutes is renumbered 769.201 (1m), and 769.201
19(1m) (intro.) and (g), as renumbered, are amended to read:
SB473,11,2320
769.201
(1m) (intro.) In a proceeding
under this chapter to establish
, or enforce
21or modify a support order or to determine parentage
of a child, a tribunal of this state
22may exercise personal jurisdiction over a nonresident individual, or the individual's
23guardian or conservator, if any of the following applies:
SB473,12,224
(g) The individual asserted parentage
of a child in a declaration of paternal
25interest filed with the department of children and families under s. 48.025 or in a
1statement acknowledging paternity filed with the state registrar under s. 69.15 (3)
2(b) 1. or 3.
SB473, s. 41
3Section
41. 769.201 (2m) of the statutes is created to read:
SB473,12,84
769.201
(2m) The bases of personal jurisdiction set forth in sub. (1m) or in any
5other law of this state may not be used to acquire personal jurisdiction for a tribunal
6of this state to modify a child support order of another state unless the requirements
7of s. 769.611 are met or, in the case of a foreign support order, unless the requirements
8of s. 769.615 are met.
SB473, s. 42
9Section
42. 769.202 of the statutes is repealed and recreated to read:
SB473,12,14
10769.202 Duration of personal jurisdiction. Personal jurisdiction acquired
11by a tribunal of this state in a proceeding under this chapter or other law of this state
12relating to a support order continues as long as a tribunal of this state has
13continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to
14enforce its order as provided by ss. 769.205, 769.206, and 769.211.
SB473, s. 43
15Section
43. 769.203 of the statutes is amended to read:
SB473,12,19
16769.203 Initiating and responding tribunal of this state. Under this
17chapter, a tribunal of this state may serve as an initiating tribunal to forward
18proceedings to
a tribunal of another state and as a responding tribunal for
19proceedings initiated in another state
or a foreign country.
SB473, s. 44
20Section
44. 769.204 (title) of the statutes is amended to read:
SB473,12,21
21769.204 (title)
Simultaneous proceedings
in another state.
SB473, s. 45
22Section
45. 769.204 (1) (intro.) of the statutes is amended to read:
SB473,13,223
769.204
(1) (intro.) A tribunal of this state may exercise jurisdiction to
24establish a support order if the petition or comparable pleading is filed after a
1petition or comparable pleading is filed in another state
or a foreign country only if
2all of the following apply:
SB473, s. 46
3Section
46. 769.204 (1) (a) of the statutes is amended to read:
SB473,13,74
769.204
(1) (a) The petition or comparable pleading in this state is filed before
5the expiration of the time allowed in the other state
or the foreign country for filing
6a responsive pleading challenging the exercise of jurisdiction by the other state
or the
7foreign country.
SB473, s. 47
8Section
47. 769.204 (1) (b) of the statutes is amended to read:
SB473,13,109
769.204
(1) (b) The contesting party timely challenges the exercise of
10jurisdiction in the other state
or the foreign country.
SB473, s. 48
11Section
48. 769.204 (2) (intro.) of the statutes is amended to read:
SB473,13,1512
769.204
(2) (intro.) A tribunal of this state may not exercise jurisdiction to
13establish a support order if the petition or comparable pleading is filed before a
14petition or comparable pleading is filed in another state
or a foreign country if all of
15the following apply:
SB473, s. 49
16Section
49. 769.204 (2) (a) of the statutes is amended to read:
SB473,13,1917
769.204
(2) (a) The petition or comparable pleading in the other state
or foreign
18country is filed before the expiration of the time allowed in this state for filing a
19responsive pleading challenging the exercise of jurisdiction by this state.
SB473, s. 50
20Section
50. 769.204 (2) (c) of the statutes is amended to read:
SB473,13,2221
769.204
(2) (c) If relevant, the other state
or foreign country is the home state
22of the child.
SB473, s. 51
23Section
51. 769.205 of the statutes is repealed and recreated to read:
SB473,14,3
24769.205 Continuing, exclusive jurisdiction to modify child support
25order. (1) A tribunal of this state that has issued a child support order consistent
1with the law of this state has and shall exercise continuing, exclusive jurisdiction to
2modify its child support order if the order is the controlling order and any of the
3following applies:
SB473,14,64
(a) At the time of the filing of a request for modification this state is the
5residence of the obligor, the individual obligee, or the child for whose benefit the
6support order is issued.
SB473,14,107
(b) Even if this state is not the residence of the obligor, the individual obligee,
8or the child for whose benefit the support order is issued, the parties consent in a
9record or in open court that the tribunal of this state may continue to exercise
10jurisdiction to modify its order.
SB473,14,13
11(2) A tribunal of this state that has issued a child support order consistent with
12the law of this state may not exercise continuing, exclusive jurisdiction to modify the
13order if any of the following applies:
SB473,14,1714
(a) All of the parties who are individuals file consent in a record with the
15tribunal of this state that a tribunal of another state that has jurisdiction over at
16least one of the parties who is an individual or that is located in the state of residence
17of the child may modify the order and assume continuing, exclusive jurisdiction.
SB473,14,1818
(b) Its order is not the controlling order.
SB473,14,23
19(3) If a tribunal of another state has issued a child support order pursuant to
20the Uniform Interstate Family Support Act or a law substantially similar to that act
21that modifies a child support order of a tribunal of this state, tribunals of this state
22shall recognize the continuing, exclusive jurisdiction of the tribunal of the other
23state.
SB473,15,3
1(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to
2modify a child support order may serve as an initiating tribunal to request a tribunal
3of another state to modify a support order issued in that state.
SB473,15,6
4(5) A temporary support order issued ex parte or pending resolution of a
5jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing
6tribunal.
SB473, s. 52
7Section
52. 769.206 of the statutes is repealed and recreated to read:
SB473,15,11
8769.206 Continuing jurisdiction to enforce child support order. (1) A
9tribunal of this state that has issued a child support order consistent with the law
10of this state may serve as an initiating tribunal to request a tribunal of another state
11to enforce any of the following:
SB473,15,1412
(a) The order, if the order is the controlling order and has not been modified by
13a tribunal of another state that assumed jurisdiction pursuant to the Uniform
14Interstate Family Support Act.
SB473,15,1715
(b) A money judgment for arrears of support and interest on the order that
16accrued before a determination that an order of a tribunal of another state is the
17controlling order.
SB473,15,19
18(2) A tribunal of this state having continuing jurisdiction over a support order
19may act as a responding tribunal to enforce the order.
SB473, s. 53
20Section
53. 769.207 (title) of the statutes is amended to read:
SB473,15,22
21769.207 (title)
Recognition
Determination of controlling child support
22order.
SB473, s. 54
23Section
54. 769.207 (1m) (intro.) of the statutes is amended to read:
SB473,16,524
769.207
(1m) (intro.) If a proceeding is brought under this chapter, and 2 or
25more child support orders have been issued by tribunals of this state
or, another
1state
, or a foreign country with regard to the same obligor and child, a tribunal of this
2state
having personal jurisdiction over both the obligor and individual obligee shall
3apply the following rules
in determining and by order shall determine which child
4support order
to recognize for purposes of continuing, exclusive jurisdiction controls
5and must be recognized:
SB473, s. 55
6Section
55. 769.207 (1m) (a) of the statutes is amended to read:
SB473,16,97
769.207
(1m) (a) If only one of the tribunals would have continuing, exclusive
8jurisdiction under this chapter, the child support order of that tribunal
is controlling
9and must be recognized controls.
SB473, s. 56
10Section
56. 769.207 (1m) (b) of the statutes is amended to read:
SB473,16,1511
769.207
(1m) (b) If more than one of the tribunals would have continuing,
12exclusive jurisdiction under this chapter, a child support order issued by a tribunal
13in the current home state of the child
must be recognized, but controls, or, if a child
14support order has not been issued in the current home state of the child, the child
15support order most recently issued
is controlling and must be recognized controls.
SB473, s. 57
16Section
57. 769.207 (1m) (c) of the statutes is amended to read:
SB473,16,2017
769.207
(1m) (c) If none of the tribunals would have continuing, exclusive
18jurisdiction under this chapter, the tribunal of this state
having jurisdiction over the
19parties must shall issue a child support order, which
is controlling and must be
20recognized controls.
SB473, s. 58
21Section
58. 769.207 (1r) of the statutes is amended to read:
SB473,17,422
769.207
(1r) If 2 or more child support orders have been issued for the same
23obligor and
same child
and if the obligor or the individual obligee resides in this state,
24a party may request a tribunal of this state to, upon the request of a party who is an
25individual or that is a support enforcement agency, a tribunal of this state having
1personal jurisdiction over both the obligor and the obligee who is an individual shall 2determine which child support order controls
and must be recognized under sub.
3(1m). The request
may be filed with a registration for enforcement or registration
4for modification under subch. VI, or may be filed as a separate proceeding.
SB473,17,10
5(1t) A request to determine which is the controlling child support order must
6be accompanied by a
certified copy of every child support order issued for the obligor
7and child that is in effect
. Every and the applicable record of payments. The
8requesting party shall give each party whose rights may be affected by a
9determination of which child support order controls
must be given notice of the
10request for that determination.
SB473, s. 59
11Section
59. 769.207 (2) of the statutes is amended to read:
SB473,17,1412
769.207
(2) The tribunal that issued the order that is controlling
and must be
13recognized under sub. (1c), (1m)
, or (1r)
is the tribunal that has continuing
, exclusive 14jurisdiction
in accordance with to the extent provided in s. 769.205
or 769.206.
SB473, s. 60
15Section
60. 769.207 (3) of the statutes is renumbered 769.207 (3) (intro.) and
16amended to read:
SB473,17,2017
769.207
(3) (intro.) A tribunal of this state that determines by order which child
18support order is controlling under sub. (1m) (a) or (b)
or (1r), or that issues a new child
19support order that is controlling under sub. (1m) (c), shall
include state in that order
20the all of the following:
SB473,17,21
21(a) The basis upon which the tribunal made its determination.
SB473, s. 61
22Section
61. 769.207 (3) (b) of the statutes is created to read:
SB473,17,2323
769.207
(3) (b) The amount of prospective support, if any.
SB473, s. 62
24Section
62. 769.207 (3) (c) of the statutes is created to read:
SB473,18,3
1769.207
(3) (c) The total amount of consolidated arrears and accrued interest,
2if any, under all of the orders after all payments made are credited as provided by s.
3769.209.
SB473, s. 63
4Section
63. 769.207 (5) of the statutes is created to read:
SB473,18,75
769.207
(5) An order that has been determined to be the controlling child
6support order, or a judgment for consolidated arrears of support and interest, if any,
7made under this section, must be recognized in proceedings under this chapter.
SB473, s. 64
8Section
64. 769.208 of the statutes is amended to read:
SB473,18,14
9769.208 Multiple child Child support orders for 2 or more obligees. In
10responding to
multiple registrations or petitions for enforcement of 2 or more child
11support orders in effect at the same time with regard to the same obligor and
12different individual obligees, at least one of which was issued by a tribunal of another
13state
or a foreign country, a tribunal of this state shall enforce those orders in the
14same manner as if the
multiple orders had been issued by a tribunal of this state.
SB473, s. 65
15Section
65. 769.209 of the statutes is amended to read:
SB473,18,21
16769.209 Credit for payments. Amounts A tribunal of this state shall credit
17amounts collected
and credited for a particular period pursuant to
a any child 18support order
issued by a tribunal of another state must be credited against the
19amounts
accruing or accrued owed for the same period under
a any other child 20support order
for support of the same child issued by
the a tribunal of this state
,
21another state, or a foreign country.
SB473, s. 66
22Section
66. 769.210 of the statutes is created to read:
SB473,19,5
23769.210 Application of act to nonresident subject to personal
24jurisdiction. A tribunal of this state exercising personal jurisdiction over a
25nonresident in a proceeding under this chapter, under other law of this state relating
1to a support order, or recognizing a foreign support order may receive evidence from
2outside this state pursuant to s. 769.316, communicate with a tribunal outside this
3state pursuant to s. 769.317, and obtain discovery through a tribunal outside this
4state pursuant to s. 769.318. In all other respects, subchs. III to VI do not apply, and
5the tribunal shall apply the procedural and substantive law of this state.
SB473, s. 67
6Section
67. 769.211 of the statutes is created to read:
SB473,19,10
7769.211 Continuing, exclusive jurisdiction to modify spousal support
8order. (1) A tribunal of this state issuing a spousal support order consistent with
9the law of this state has continuing, exclusive jurisdiction to modify the spousal
10support order throughout the existence of the support obligation.
SB473,19,13
11(2) A tribunal of this state may not modify a spousal support order issued by
12a tribunal of another state or a foreign country having continuing, exclusive
13jurisdiction over that order under the law of that state or foreign country.
SB473,19,15
14(3) A tribunal of this state that has continuing, exclusive jurisdiction over a
15spousal support order may serve as any of the following:
SB473,19,1716
(a) An initiating tribunal to request a tribunal of another state to enforce the
17spousal support order issued in this state.
SB473,19,1818
(b) A responding tribunal to enforce or modify its own spousal support order.
SB473, s. 68
19Section
68. 769.301 (2) of the statutes is repealed.
SB473, s. 69
20Section
69. 769.301 (3) of the statutes is amended to read: