SB473: Bill Text

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

SB473,32,6 SUBCHAPTER VI

SB473,32,9 ENFORCEMENT Registration, enforcement, AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION

SB473, s. 121 Section 121. 769.601 of the statutes is amended to read:

SB473,32,13 769.601 Registration of order for enforcement. A support order or an income-withholding order issued by a tribunal of in another state or a foreign support order may be registered in this state for enforcement.

SB473, s. 122 Section 122. 769.602 (1) (intro.) of the statutes is amended to read:

SB473,32,18 769.602 (1) (intro.) A Except as provided in s. 769.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending all of the following documents and information records to the appropriate tribunal in this state:

SB473, s. 123 Section 123. 769.602 (1) (c) of the statutes is amended to read:

SB473,32,22 769.602 (1) (c) A sworn statement by the party seeking person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.

SB473, s. 124 Section 124. 769.602 (2) of the statutes is amended to read:

SB473,33,2 769.602 (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment an order of another state or a foreign country, together with one copy of the documents and information, regardless of their form.

SB473, s. 125 Section 125. 769.602 (4) of the statutes is created to read:

SB473,33,5 769.602 (4) If 2 or more orders are in effect, the person requesting registration must do all of the following:

SB473,33,7 (a) Furnish to the tribunal a copy of every support order that is asserted to be in effect in addition to the documents specified in this section.

SB473,33,8 (b) Specify the order that is alleged to be the controlling order, if any.

SB473,33,9 (c) Specify the amount of the consolidated arrears, if any.

SB473, s. 126 Section 126. 769.602 (5) of the statutes is created to read:

SB473,33,14 769.602 (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

SB473, s. 127 Section 127. 769.603 (1) of the statutes is amended to read:

SB473,33,18 769.603 (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.

SB473, s. 128 Section 128. 769.603 (2) of the statutes is amended to read:

SB473,33,22 769.603 (2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.

SB473, s. 129 Section 129. 769.603 (3) of the statutes is amended to read:

SB473,34,3 769.603 (3) Except as otherwise provided in this subchapter chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.

SB473, s. 130 Section 130. 769.604 (1) of the statutes is renumbered 769.604 (1) (intro.) and amended to read:

SB473,34,7 769.604 (1) (intro.) The Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs the all of the following: