SB473: Bill Text

2009 Senate BILL 473

January 22, 2010 - Introduced by Senators Risser and Taylor, cosponsored by Representatives Cullen, Ziegelbauer, Berceau and Turner. Referred to Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB473,2,21 An Act to repeal 769.101 (7), 769.101 (19) (b), 769.301 (2) and 769.612 (2); to renumber 769.102, 769.103 and 769.308; to renumber and amend 769.201, 769.207 (3), 769.307 (3), 769.319 and 769.604 (1); to consolidate, renumber and amend 769.101 (19) (intro.) and (a); to amend 767.01 (2), 767.80 (5m), 769.101 (2), 769.101 (4), 769.101 (8), 769.101 (9), 769.101 (10), 769.101 (12) (a), 769.101 (12) (b), 769.101 (14), 769.101 (15), 769.101 (16), 769.101 (17), 769.101 (20) (intro.), 769.101 (20) (a), 769.101 (20) (b), 769.101 (20) (c), 769.101 (20) (d), 769.101 (21), 769.101 (22), 769.203, 769.204 (title), 769.204 (1) (intro.), 769.204 (1) (a), 769.204 (1) (b), 769.204 (2) (intro.), 769.204 (2) (a), 769.204 (2) (c), 769.207 (title), 769.207 (1m) (intro.), 769.207 (1m) (a), 769.207 (1m) (b), 769.207 (1m) (c), 769.207 (1r), 769.207 (2), 769.208, 769.209, 769.301 (3), 769.302, 769.304 (1), 769.304 (2), 769.305 (1), 769.305 (2) (intro.), 769.305 (2) (a), 769.305 (2) (b), 769.305 (2) (h), 769.306, 769.307 (2) (intro.), 769.307 (2) (a), 769.307 (2) (d), 769.307 (2) (e), 769.31 (2) (b), 769.31 (2) (c), 769.311 (1), 769.312, 769.313 (2), 769.314 (1), 769.314 (3), 769.316 (1), 769.316 (2), 769.316 (4), 769.316 (5), 769.316 (6), 769.317, 769.318 (1), 769.318 (2), subchapter IV (title) of chapter 769 [precedes 769.401], 769.401 (1) (intro.), 769.401 (1) (a), 769.401 (1) (b), subchapter V (title) of chapter 769 [precedes 769.501], 769.501, 769.505, 769.506 (1), 769.507 (1), subchapter VI (title) of chapter 769 [precedes 769.601], 769.601, 769.602 (1) (intro.), 769.602 (1) (c), 769.602 (2), 769.603 (1), 769.603 (2), 769.603 (3), 769.604 (2), 769.605 (1), 769.605 (2) (a), 769.605 (2) (b), 769.605 (2) (c), 769.605 (3), 769.606 (title), 769.606 (1), 769.606 (2), 769.606 (3), 769.607 (1) (intro.), 769.607 (2), 769.607 (3), 769.608, 769.609, 769.61, 769.611 (1) (intro.), 769.611 (1) (a) 1., 769.611 (1) (b), 769.611 (3), 769.612 (intro.), 769.612 (1), 769.612 (3), 769.612 (4), 769.613 (title), 769.613 (1), 769.613 (2), 769.802 (2), 769.901 and 769.903 (title); to repeal and recreate 769.102 (title), 769.202, 769.205, 769.206, 769.401 (2) and subchapter VII of chapter 769 [precedes 769.701]; and to create 769.101 (2c), 769.101 (3c), 769.101 (3g), 769.101 (3m), 769.101 (8m), 769.101 (12) (d), 769.101 (13) (d), 769.101 (13m), 769.101 (13r), 769.101 (20) (e), 769.102 (2), 769.103 (2), 769.105, 769.201 (2m), 769.207 (3) (b), 769.207 (3) (c), 769.207 (5), 769.210, 769.211, 769.305 (6), 769.307 (3m), 769.307 (4), 769.307 (5), 769.308 (2), 769.316 (10), 769.319 (2), 769.319 (3), 769.402, 769.602 (4), 769.602 (5), 769.604 (1) (c), 769.604 (3), 769.604 (4), 769.605 (2m), 769.607 (1) (h), 769.611 (3m), 769.611 (5), 769.615 and 769.616 of the statutes; relating to: modifications to the Uniform Interstate Family Support Act.

Analysis by the Legislative Reference Bureau

This bill updates the Uniform Interstate Family Support Act (UIFSA) under current law. UIFSA sets out rules and priorities for the exercise of jurisdiction by courts in this state in actions to establish or enforce spousal or child support obligations, to modify child support obligations, or to determine paternity, when the parties reside in different states or when orders have been issued in different states. By setting out such rules and priorities, UIFSA aims to eliminate the possibility that conflicting support orders might be issued or enforced by courts in different states.

The bill primarily reorganizes provisions in current law and makes various nonsubstantive terminology or technical changes and minor substantive changes. One of the main changes the bill makes is to clarify UIFSA's application to foreign countries, in recognition of and comformity with the ratification by the United States of the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007 (convention). The purpose of the convention is to provide international procedures for enforcing child support orders when the person who is liable for the support and the child do not live in the same country. Whereas under current law "state" is defined to include a "foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under .... the Uniform Reciprocal Enforcement of Support Act ...." so that a reference to a "state" in current law includes a reference to a foreign country, this bill eliminates a foreign jurisdiction from the definition of "state" and adds "foreign country" to the statutory text wherever appropriate. For example, current law provides that a court in this state may forward proceedings to, and receive proceedings from, a court of another state, which would include a foreign jurisdiction. The bill provides that a court in this state may forward proceedings to a court of another state and receive proceedings initiated in another state or a foreign country. As another example, current law provides that if a proceeding related to child support is brought in this state and two or more child support orders regarding the same child and obligor have been issued by courts of this or another state, a court of this state must apply certain rules to determine which child support order to recognize for purposes of continuing jurisdiction. Under the bill, the court must use the same rules for determining which child support order controls and must be recognized, and adds that one or more of the child support orders may have been issued in a foreign country. In the bill, "foreign country" is defined as a country other than the U.S. that authorizes the issuance of support orders and that has been declared under the laws of the U.S. to be a foreign reciprocating country, that has established a reciprocal arrangement for child support with this state, that has enacted a law or established procedures for issuing and enforcing support orders that are substantially similar to UIFSA, or that is one in which the convention is in force with respect to the U.S.

Among substantive changes to current law, the bill does the following:

1. Provides that a court of this state that enforces current support or collects arrearages of support due under a support order issued in another state or a foreign country must apply the procedures and remedies of this state when doing so.

2. Provides the process and notification requirements when a party registering (filing) a support order issued in another state with a court of this state asserts that two or more support orders are in effect.

3. Provides that in a proceeding to modify a support order issued in another state, the law of the other state governs the duration of the obligation and a court of this state may not impose a further obligation of support.

4. Provides that a court in this state may assume jurisdiction to modify a child support order issued in a foreign country, and bind all individuals who are subject to the court's personal jurisdiction, if the foreign country lacks or refuses to exercise jurisdiction to modify the order, and that the order issued by the court of this state modifying the foreign child support order is the controlling order.

5. Provides procedures for a person to file a direct request for the establishment or modification of a support order involving an obligor, obligee, or child who lives outside the United States.

6. Provides procedures and requirements, in accordance with the convention, for registering with a court in this state a foreign support order or agreement for recognition and enforcement; specifies the types of proceedings that are available under the convention; provides procedures and requirements for contesting a registered support order; provides grounds for a court to refuse to recognize such an order; and, with limited exceptions, prohibits a court in this state from modifying a foreign support order if the obligor remains a resident of the foreign country.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB473, s. 1 Section 1. 767.01 (2) of the statutes is amended to read:

SB473,4,5 767.01 (2) Paternity and child support. In an action to establish paternity or to establish or enforce a child support obligation, in regard to a child who is the subject of the action, a person is subject to the jurisdiction of the courts of this state as provided in s. 769.201 (1m) or 801.05.

SB473, s. 2 Section 2. 767.80 (5m) of the statutes is amended to read:

SB473,5,10 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss. 767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is presumed the child's father under s. 891.41 (1), is adjudicated the child's father either under s. 767.89 or by final order or judgment of a court of competent jurisdiction in another state, or has acknowledged himself to be the child's father under s. 767.805 (1) or a substantially similar law of another state, no order or temporary order may be entered for child support, legal custody, or physical placement until the male is adjudicated the father using the procedure set forth in this subchapter, except s. 767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive procedure for establishment of child support obligations, legal custody, or physical placement rights for a male who is not presumed the child's father under s. 891.41 (1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially similar law of another state to be the father is by an action under this subchapter, except s. 767.805, or under s. 769.701 769.402. No person may waive the use of this procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has the burden of rebutting the presumption.

SB473, s. 3 Section 3. 769.101 (2) of the statutes is amended to read:

SB473,5,14 769.101 (2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

SB473, s. 4 Section 4. 769.101 (2c) of the statutes is created to read:

SB473,5,18 769.101 (2c) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

SB473, s. 5 Section 5. 769.101 (3c) of the statutes is created to read:

SB473,5,22 769.101 (3c) "Foreign country" means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:

SB473,5,24 (a) The country or political subdivision has been declared under the law of the United States to be a foreign reciprocating country.

SB473,6,2 (b) The country or political subdivision has established a reciprocal arrangement for child support with this state under s. 769.308 (2).

SB473,6,5 (c) The country or political subdivision has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.

SB473,6,7 (d) The country or political subdivision is one in which the convention is in force with respect to the United States.

SB473, s. 6 Section 6. 769.101 (3g) of the statutes is created to read:

SB473,6,10 769.101 (3g) "Foreign support order" means a support order of a foreign tribunal.

SB473, s. 7 Section 7. 769.101 (3m) of the statutes is created to read:

SB473,6,15 769.101 (3m) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. "Foreign tribunal" includes a competent authority under the convention.

SB473, s. 8 Section 8. 769.101 (4) of the statutes is amended to read:

SB473,6,22 769.101 (4) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

SB473, s. 9 Section 9. 769.101 (7) of the statutes is repealed.

SB473, s. 10 Section 10. 769.101 (8) of the statutes is amended to read:

SB473,7,4 769.101 (8) "Initiating tribunal" means the authorized tribunal in an initiating of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

SB473, s. 11 Section 11. 769.101 (8m) of the statutes is created to read:

SB473,7,7 769.101 (8m) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

SB473, s. 12 Section 12. 769.101 (9) of the statutes is amended to read:

SB473,7,10 769.101 (9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage of a child.

SB473, s. 13 Section 13. 769.101 (10) of the statutes is amended to read:

SB473,7,13 769.101 (10) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or renders a judgment determining parentage of a child.

SB473, s. 14 Section 14. 769.101 (12) (a) of the statutes is amended to read:

SB473,7,17 769.101 (12) (a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage of a child has been rendered issued.

SB473, s. 15 Section 15. 769.101 (12) (b) of the statutes is amended to read:

SB473,7,22 769.101 (12) (b) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.

SB473, s. 16 Section 16. 769.101 (12) (d) of the statutes is created to read:

SB473,7,24 769.101 (12) (d) A person that is a creditor in a proceeding under subch. VII.

SB473, s. 17 Section 17. 769.101 (13) (d) of the statutes is created to read:

SB473,8,2 769.101 (13) (d) The individual or decedent is a debtor in a proceeding under subch. VII.

SB473, s. 18 Section 18. 769.101 (13m) of the statutes is created to read:

SB473,8,5 769.101 (13m) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

SB473, s. 19 Section 19. 769.101 (13r) of the statutes is created to read:

SB473,8,9 769.101 (13r) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

SB473, s. 20 Section 20. 769.101 (14) of the statutes is amended to read:

SB473,8,13 769.101 (14) "Register" means to file in a tribunal of this state a support order or judgment determining parentage with the clerk of court of a child issued in another state or a foreign country.

SB473, s. 21 Section 21. 769.101 (15) of the statutes is amended to read:

SB473,8,16 769.101 (15) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

SB473, s. 22 Section 22. 769.101 (16) of the statutes is amended to read:

SB473,8,24 769.101 (16) "Responding state" means a state in which a proceeding petition or comparable pleading for support or to determine parentage of a child is filed or to which a proceeding petition or comparable pleading is forwarded for filing from an initiating another state under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act or a foreign country.

SB473, s. 23 Section 23. 769.101 (17) of the statutes is amended to read:

SB473,9,2 769.101 (17) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

SB473, s. 24 Section 24. 769.101 (19) (intro.) and (a) of the statutes are consolidated, renumbered 769.101 (19) and amended to read:

SB473,9,8 769.101 (19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes all of the following: (a) An an Indian nation or tribe.

SB473, s. 25 Section 25. 769.101 (19) (b) of the statutes is repealed.

SB473, s. 26 Section 26. 769.101 (20) (intro.) of the statutes is amended to read:

SB473,9,12 769.101 (20) (intro.) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to seek do any of the following:

SB473, s. 27 Section 27. 769.101 (20) (a) of the statutes is amended to read:

SB473,9,15 769.101 (20) (a) Enforcement Seek enforcement of support orders or laws relating to the duty of support.

SB473, s. 28 Section 28. 769.101 (20) (b) of the statutes is amended to read:

SB473,9,18 769.101 (20) (b) Establishment Seek establishment or modification of child support.

SB473, s. 29 Section 29. 769.101 (20) (c) of the statutes is amended to read:

SB473,9,20 769.101 (20) (c) Determination Request determination of parentage of a child.

SB473, s. 30 Section 30. 769.101 (20) (d) of the statutes is amended to read:

SB473,9,22 769.101 (20) (d) Location of Attempt to locate obligors or their assets.

SB473, s. 31 Section 31. 769.101 (20) (e) of the statutes is created to read:

SB473,9,24 769.101 (20) (e) Request determination of the controlling child support order.

SB473, s. 32 Section 32. 769.101 (21) of the statutes is amended to read:

SB473,10,8 769.101 (21) "Support order" means a judgment, decree or, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement, and that for financial assistance provided to an individual obligee in place of child support. "Support order" may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.

SB473, s. 33 Section 33. 769.101 (22) of the statutes is amended to read:

SB473,10,12 769.101 (22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage in this state or in an issuing or responding state of a child.

SB473, s. 34 Section 34. 769.102 (title) of the statutes is repealed and recreated to read: