SB473,4,52 767.01 (2) Paternity and child support. In an action to establish paternity or
3to establish or enforce a child support obligation, in regard to a child who is the
4subject of the action, a person is subject to the jurisdiction of the courts of this state
5as provided in s. 769.201 (1m) or 801.05.
SB473, s. 2 6Section 2. 767.80 (5m) of the statutes is amended to read:
SB473,5,107 767.80 (5m) Applicable procedure; exceptions. Except as provided in ss.
8767.805, 767.863 (3), 767.85, 767.893 (2) and (2m), and 769.401, unless a male is
9presumed the child's father under s. 891.41 (1), is adjudicated the child's father either
10under s. 767.89 or by final order or judgment of a court of competent jurisdiction in
11another state, or has acknowledged himself to be the child's father under s. 767.805
12(1) or a substantially similar law of another state, no order or temporary order may

1be entered for child support, legal custody, or physical placement until the male is
2adjudicated the father using the procedure set forth in this subchapter, except s.
3767.805. Except as provided in ss. 767.805, 767.85, and 769.401, the exclusive
4procedure for establishment of child support obligations, legal custody, or physical
5placement rights for a male who is not presumed the child's father under s. 891.41
6(1), adjudicated the father, or acknowledged under s. 767.805 (1) or a substantially
7similar law of another state to be the father is by an action under this subchapter,
8except s. 767.805, or under s. 769.701 769.402. No person may waive the use of this
9procedure. If a presumption under s. 891.41 (1) exists, a party denying paternity has
10the burden of rebutting the presumption.
SB473, s. 3 11Section 3. 769.101 (2) of the statutes is amended to read:
SB473,5,1412 769.101 (2) "Child support order" means a support order for a child, including
13a child who has attained the age of majority under the law of the issuing state or
14foreign country
.
SB473, s. 4 15Section 4. 769.101 (2c) of the statutes is created to read:
SB473,5,1816 769.101 (2c) "Convention" means the Convention on the International
17Recovery of Child Support and Other Forms of Family Maintenance, concluded at
18The Hague on November 23, 2007.
SB473, s. 5 19Section 5. 769.101 (3c) of the statutes is created to read:
SB473,5,2220 769.101 (3c) "Foreign country" means a country, including a political
21subdivision of the country, other than the United States, that authorizes the issuance
22of support orders and to which any of the following applies:
SB473,5,2423 (a) The country or political subdivision has been declared under the law of the
24United States to be a foreign reciprocating country.
SB473,6,2
1(b) The country or political subdivision has established a reciprocal
2arrangement for child support with this state under s. 769.308 (2).
SB473,6,53 (c) The country or political subdivision has enacted a law or established
4procedures for the issuance and enforcement of support orders that are substantially
5similar to the procedures under this chapter.
SB473,6,76 (d) The country or political subdivision is one in which the convention is in force
7with respect to the United States.
SB473, s. 6 8Section 6. 769.101 (3g) of the statutes is created to read:
SB473,6,109 769.101 (3g) "Foreign support order" means a support order of a foreign
10tribunal.
SB473, s. 7 11Section 7. 769.101 (3m) of the statutes is created to read:
SB473,6,1512 769.101 (3m) "Foreign tribunal" means a court, administrative agency, or
13quasi-judicial entity of a foreign country that is authorized to establish, enforce, or
14modify support orders or to determine parentage of a child. "Foreign tribunal"
15includes a competent authority under the convention.
SB473, s. 8 16Section 8. 769.101 (4) of the statutes is amended to read:
SB473,6,2217 769.101 (4) "Home state" means the state or foreign country in which a child
18lived with a parent or a person acting as parent for at least 6 consecutive months
19immediately preceding the time of the filing of a petition or comparable pleading for
20support or, if a child is less than 6 months old, the state or foreign country in which
21the child lived from birth with any of them. A period of temporary absence of any of
22them is counted as part of the 6-month or other period.
SB473, s. 9 23Section 9. 769.101 (7) of the statutes is repealed.
SB473, s. 10 24Section 10. 769.101 (8) of the statutes is amended to read:
SB473,7,4
1769.101 (8) "Initiating tribunal" means the authorized tribunal in an initiating
2of a state or foreign country from which a petition or comparable pleading is
3forwarded or in which a petition or comparable pleading is filed for forwarding to
4another state or foreign country
.
SB473, s. 11 5Section 11. 769.101 (8m) of the statutes is created to read:
SB473,7,76 769.101 (8m) "Issuing foreign country" means the foreign country in which a
7tribunal issues a support order or a judgment determining parentage of a child.
SB473, s. 12 8Section 12. 769.101 (9) of the statutes is amended to read:
SB473,7,109 769.101 (9) "Issuing state" means the state in which a tribunal issues a support
10order or renders a judgment determining parentage of a child.
SB473, s. 13 11Section 13. 769.101 (10) of the statutes is amended to read:
SB473,7,1312 769.101 (10) "Issuing tribunal" means the tribunal of a state or foreign country
13that issues a support order or renders a judgment determining parentage of a child.
SB473, s. 14 14Section 14. 769.101 (12) (a) of the statutes is amended to read:
SB473,7,1715 769.101 (12) (a) An individual to whom a duty of support is or is alleged to be
16owed or in whose favor a support order has been issued or a judgment determining
17parentage of a child has been rendered issued.
SB473, s. 15 18Section 15. 769.101 (12) (b) of the statutes is amended to read:
SB473,7,2219 769.101 (12) (b) A foreign country, state, or political subdivision of a state to
20which the rights under a duty of support or support order have been assigned or
21which has independent claims based on financial assistance provided to an
22individual obligee in place of child support.
SB473, s. 16 23Section 16. 769.101 (12) (d) of the statutes is created to read:
SB473,7,2424 769.101 (12) (d) A person that is a creditor in a proceeding under subch. VII.
SB473, s. 17 25Section 17. 769.101 (13) (d) of the statutes is created to read:
SB473,8,2
1769.101 (13) (d) The individual or decedent is a debtor in a proceeding under
2subch. VII.
SB473, s. 18 3Section 18. 769.101 (13m) of the statutes is created to read:
SB473,8,54 769.101 (13m) "Outside this state" means a location in another state or a
5country other than the United States, whether or not the country is a foreign country.
SB473, s. 19 6Section 19. 769.101 (13r) of the statutes is created to read:
SB473,8,97 769.101 (13r) "Record" means information that is inscribed on a tangible
8medium or that is stored in an electronic or other medium and is retrievable in a
9perceivable form.
SB473, s. 20 10Section 20. 769.101 (14) of the statutes is amended to read:
SB473,8,1311 769.101 (14) "Register" means to file in a tribunal of this state a support order
12or judgment determining parentage with the clerk of court of a child issued in
13another state or a foreign country
.
SB473, s. 21 14Section 21. 769.101 (15) of the statutes is amended to read:
SB473,8,1615 769.101 (15) "Registering tribunal" means a tribunal in which a support order
16or judgment determining parentage of a child is registered.
SB473, s. 22 17Section 22. 769.101 (16) of the statutes is amended to read:
SB473,8,2418 769.101 (16) "Responding state" means a state in which a proceeding petition
19or comparable pleading for support or to determine parentage of a child
is filed or to
20which a proceeding petition or comparable pleading is forwarded for filing from an
21initiating
another state under this chapter or a law substantially similar to this
22chapter, or under a law or procedure substantially similar to the Uniform Reciprocal
23Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of
24Support Act
or a foreign country.
SB473, s. 23 25Section 23. 769.101 (17) of the statutes is amended to read:
SB473,9,2
1769.101 (17) "Responding tribunal" means the authorized tribunal in a
2responding state or foreign country.
SB473, s. 24 3Section 24. 769.101 (19) (intro.) and (a) of the statutes are consolidated,
4renumbered 769.101 (19) and amended to read:
SB473,9,85 769.101 (19) "State" means a state of the United States, the District of
6Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession
7subject to the jurisdiction of the United States. "State" includes all of the following:
8(a) An
an Indian nation or tribe.
SB473, s. 25 9Section 25. 769.101 (19) (b) of the statutes is repealed.
SB473, s. 26 10Section 26. 769.101 (20) (intro.) of the statutes is amended to read:
SB473,9,1211 769.101 (20) (intro.) "Support enforcement agency" means a public official,
12governmental entity,
or private agency authorized to seek do any of the following:
SB473, s. 27 13Section 27. 769.101 (20) (a) of the statutes is amended to read:
SB473,9,1514 769.101 (20) (a) Enforcement Seek enforcement of support orders or laws
15relating to the duty of support.
SB473, s. 28 16Section 28. 769.101 (20) (b) of the statutes is amended to read:
SB473,9,1817 769.101 (20) (b) Establishment Seek establishment or modification of child
18support.
SB473, s. 29 19Section 29. 769.101 (20) (c) of the statutes is amended to read:
SB473,9,2020 769.101 (20) (c) Determination Request determination of parentage of a child.
SB473, s. 30 21Section 30. 769.101 (20) (d) of the statutes is amended to read:
SB473,9,2222 769.101 (20) (d) Location of Attempt to locate obligors or their assets.
SB473, s. 31 23Section 31. 769.101 (20) (e) of the statutes is created to read:
SB473,9,2424 769.101 (20) (e) Request determination of the controlling child support order.
SB473, s. 32 25Section 32. 769.101 (21) of the statutes is amended to read:
SB473,10,8
1769.101 (21) "Support order" means a judgment, decree or, order, decision, or
2directive,
whether temporary, final, or subject to modification, issued in a state or
3foreign country
for the benefit of a child, a spouse, or a former spouse, that provides
4for monetary support, health care, arrearages, retroactive support, or
5reimbursement, and that for financial assistance provided to an individual obligee
6in place of child support. "Support order"
may include related costs and fees, interest,
7income withholding, automatic adjustment, reasonable attorney fees, and other
8relief.
SB473, s. 33 9Section 33. 769.101 (22) of the statutes is amended to read:
SB473,10,1210 769.101 (22) "Tribunal" means a court, administrative agency, or
11quasi-judicial entity authorized to establish, enforce, or modify support orders or to
12determine parentage in this state or in an issuing or responding state of a child.
SB473, s. 34 13Section 34. 769.102 (title) of the statutes is repealed and recreated to read:
SB473,10,14 14769.102 (title) State tribunal and support enforcement agency.
SB473, s. 35 15Section 35. 769.102 of the statutes is renumbered 769.102 (1).
SB473, s. 36 16Section 36. 769.102 (2) of the statutes is created to read:
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.
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