SB473: Bill Text

SB473,36,8 (c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.

SB473,36,11 (d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

SB473, s. 140 Section 140. 769.605 (3) of the statutes is amended to read:

SB473,36,15 769.605 (3) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under s. 767.75 (2r).

SB473, s. 141 Section 141. 769.606 (title) of the statutes is amended to read:

SB473,36,18 769.606 (title) Procedure to contest validity or enforcement of registered support order.

SB473, s. 142 Section 142. 769.606 (1) of the statutes is amended to read:

SB473,37,2 769.606 (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration the time required by s. 769.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.

SB473, s. 143 Section 143. 769.606 (2) of the statutes is amended to read:

SB473,37,6 769.606 (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

SB473, s. 144 Section 144. 769.606 (3) of the statutes is amended to read:

SB473,37,11 769.606 (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

SB473, s. 145 Section 145. 769.607 (1) (intro.) of the statutes is amended to read:

SB473,37,15 769.607 (1) (intro.) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

SB473, s. 146 Section 146. 769.607 (1) (h) of the statutes is created to read:

SB473,37,17 769.607 (1) (h) That the alleged controlling order is not the controlling order.

SB473, s. 147 Section 147. 769.607 (2) of the statutes is amended to read:

SB473,37,23 769.607 (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of the a registered support order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

SB473, s. 148 Section 148. 769.607 (3) of the statutes is amended to read:

SB473,38,3 769.607 (3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of the a registered support order, the registering tribunal shall issue an order confirming the order.

SB473, s. 149 Section 149. 769.608 of the statutes is amended to read:

SB473,38,8 769.608 Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

SB473, s. 150 Section 150. 769.609 of the statutes is amended to read:

SB473,38,16 769.609 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in ss. 769.601 to 769.604 769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

SB473, s. 151 Section 151. 769.61 of the statutes is amended to read:

SB473,38,22 769.61 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of s. 769.611 or 769.613 have been met.

SB473, s. 152 Section 152. 769.611 (1) (intro.) of the statutes is amended to read:

SB473,39,2 769.611 (1) (intro.) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies the responding a tribunal of this state may, upon petition, modify that child support order only if, after notice and hearing, it finds at least one of the following:

SB473, s. 153 Section 153. 769.611 (1) (a) 1. of the statutes is amended to read:

SB473,39,5 769.611 (1) (a) 1. The child, the individual obligee who is an individual, and the obligor do not reside in the issuing state.

SB473, s. 154 Section 154. 769.611 (1) (b) of the statutes is amended to read:

SB473,39,15 769.611 (1) (b) That this state is the residence of the child, or a party who is an individual party or the child is subject to the personal jurisdiction of the tribunal of this state, and that all of the individual parties who are individuals have filed a written consent consents in a record in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.

SB473, s. 155 Section 155. 769.611 (3) of the statutes is amended to read:

SB473,39,22 769.611 (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.

SB473, s. 156 Section 156. 769.611 (3m) of the statutes is created to read:

SB473,40,3 769.611 (3m) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes the imposition of a further obligation of support by a tribunal of this state.

SB473, s. 157 Section 157. 769.611 (5) of the statutes is created to read:

SB473,40,8 769.611 (5) Notwithstanding subs. (1) to (4) and s. 769.201 (2m), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if one party resides in another state and the other party resides outside the United States.

SB473, s. 158 Section 158. 769.612 (intro.) of the statutes is amended to read:

SB473,40,15 769.612 Recognition of order modified in another state. (intro.) A tribunal of this state shall recognize a modification of its earlier If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall do the Uniform Interstate Family Support Act, all of the following apply to a tribunal of this state:

SB473, s. 159 Section 159. 769.612 (1) of the statutes is amended to read:

SB473,40,18 769.612 (1) Enforce the The tribunal may enforce its order that was modified only as to amounts arrearages and interest accruing before the modification.

SB473, s. 160 Section 160. 769.612 (2) of the statutes is repealed.

SB473, s. 161 Section 161. 769.612 (3) of the statutes is amended to read:

SB473,40,22 769.612 (3) Provide other The tribunal may provide appropriate relief only for violations of that its order that occurred before the effective date of the modification.

SB473, s. 162 Section 162. 769.612 (4) of the statutes is amended to read:

SB473,40,25 769.612 (4) Recognize The tribunal shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

SB473, s. 163 Section 163. 769.613 (title) of the statutes is amended to read:

SB473,41,3 769.613 (title) Jurisdiction to modify child support order of another state when individual parties reside in this state.

SB473, s. 164 Section 164. 769.613 (1) of the statutes is amended to read:

SB473,41,8 769.613 (1) If all of the individual parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.

SB473, s. 165 Section 165. 769.613 (2) of the statutes is amended to read:

SB473,41,14 769.613 (2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall apply the provisions of this subchapter and subchs. I and II and the procedural and substantive law of this state to the enforcement or modification proceeding. Subchapters III to V, VII, and VIII do not apply, and the tribunal shall apply the procedural and substantive law of this state.

SB473, s. 166 Section 166. 769.615 of the statutes is created to read:

SB473,41,23 769.615 Jurisdiction to modify child support order of foreign country. (1) Except as provided in s. 769.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order under its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals who are subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under s. 769.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

SB473,41,25 (2) An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.

SB473, s. 167 Section 167. 769.616 of the statutes is created to read:

SB473,42,8 769.616 Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under ss. 769.601 to 769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.

SB473, s. 168 Section 168. Subchapter VII of chapter 769 [precedes 769.701] of the statutes is repealed and recreated to read:

SB473,42,11 chapter 769

SB473,42,14 Subchapter vii support proceeding under convention

SB473,42,15 769.701 Definitions. In this subchapter:

SB473,42,18 (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

SB473,42,21 (2) "Central authority" means the entity designated by the United States or a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.

SB473,42,23 (3) "Convention support order" means a support order of a tribunal of a foreign country described in s. 769.101 (3c) (d).

SB473,42,24 (3m) "Department" means the department of children and families.

SB473,43,3 (4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

SB473,43,6 (5) "Foreign central authority" means the entity designated by a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.

SB473,43,8 (6) (a) "Foreign support agreement" means an agreement for support in a record to which all of the following apply:

SB473,43,9 1. It is enforceable as a support order in the country of origin.

SB473,43,10 2. It has been either of the following:

SB473,43,12 a. Formally drawn up or registered as an authentic instrument by a foreign tribunal.

SB473,43,13 b. Authenticated by, or concluded, registered, or filed with a foreign tribunal.

SB473,43,14 3. It may be reviewed and modified by a foreign tribunal.

SB473,43,16 (b) "Foreign support agreement" includes a maintenance arrangement or authentic instrument under the convention.

SB473,43,18 (7) "United States central authority" means the secretary of the federal department of health and human services.

SB473,43,21 769.702 Applicability. This subchapter applies only to a support proceeding under the convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchs. I to VI, this subchapter controls.

SB473,43,24 769.703 Relationship of governmental entity to United States central authority. The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

SB473,44,3 769.704 Initiation by department of support proceeding under convention. (1) In a support proceeding under this subchapter, the department shall do all of the following:

SB473,44,4 (a) Transmit and receive applications.

SB473,44,6 (b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

SB473,44,8 (2) All of the following support proceedings are available to an obligee under the convention:

SB473,44,9 (a) Recognition or recognition and enforcement of a foreign support order.

SB473,44,10 (b) Enforcement of a support order issued or recognized in this state.

SB473,44,12 (c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.

SB473,44,14 (d) Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).

SB473,44,15 (e) Modification of a support order of a tribunal of this state.

SB473,44,17 (f) Modification of a support order of a tribunal of another state or a foreign country.

SB473,44,19 (3) All of the following support proceedings are available under the convention to an obligor against which there is an existing support order: