SB473: Bill Text

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:

SB473,44,21 (a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.

SB473,44,22 (b) Modification of a support order of a tribunal of this state.

SB473,44,24 (c) Modification of a support order of a tribunal of another state or a foreign country.

SB473,45,3 (4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

SB473,45,6 769.705 Direct request. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

SB473,45,9 (2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ss. 769.706 to 769.713 apply.

SB473,45,11 (3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement all of the following apply:

SB473,45,13 (a) A security, bond, or deposit is not required to guarantee the payment of costs and expenses.

SB473,45,16 (b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.

SB473,45,18 (4) A petitioner filing a direct request is not entitled to assistance from the department.

SB473,45,21 (5) This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.

SB473,45,25 769.706 Registration of convention support order. (1) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in subch. VI.

SB473,46,2 (2) Notwithstanding s. 769.311 and 769.602 (1), a request for registration of a convention support order must be accompanied by all of the following:

SB473,46,5 (a) A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.

SB473,46,6 (b) A record stating that the support order is enforceable in the issuing country.

SB473,46,11 (c) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.

SB473,46,13 (d) A record showing the amount of arrears, if any, and the date the amount was calculated.

SB473,46,16 (e) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.

SB473,46,18 (f) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.

SB473,46,20 (3) A request for registration of a convention support order may seek recognition and partial enforcement of the order.

SB473,46,24 (4) A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under s. 769.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.

SB473,47,2 (5) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.

SB473,47,5 767.707 Contest of registered convention support order. (1) Except as otherwise provided in this subchapter, ss. 769.605 to 769.608 apply to a contest of a registered convention support order.

SB473,47,9 (2) A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.

SB473,47,11 (3) If the nonregistering party fails to contest the registered convention support order by the time specified in sub. (2), the order is enforceable.

SB473,47,13 (4) A contest of a registered convention support order may be based only on grounds set forth in s. 769.708. The contesting party bears the burden of proof.

SB473,47,15 (5) In a contest of a registered convention support order, all of the following apply to a tribunal of this state:

SB473,47,17 (a) The tribunal is bound by the findings of fact on which the foreign tribunal based its jurisdiction.

SB473,47,18 (b) The tribunal may not review the merits of the order.

SB473,47,20 (6) A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.

SB473,47,22 (7) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.