769.502 Administrative enforcement of orders.
SUBCHAPTER VI
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
769.601 Registration of order for enforcement.
769.602 Procedure to register order for enforcement.
769.603 Effect of registration for enforcement.
769.605 Notice of registration of order.
769.606 Procedure to contest validity or enforcement of registered order.
769.607 Contest of registration or enforcement.
769.609 Procedure to register child support order of another state for modification.
769.61 Effect of registration for modification.
769.611 Modification of child support order of another state.
769.612 Recognition of order modified in another state.
SUBCHAPTER VII
DETERMINATION OF PARENTAGE
769.701 Proceeding to determine parentage.
SUBCHAPTER VIII
INTERSTATE RENDITION
769.801 Grounds for rendition.
769.802 Conditions of rendition.
SUBCHAPTER IX
MISCELLANEOUS PROVISIONS
769.901 Uniformity of application and construction.
769.903 Severability clause.
GENERAL PROVISIONS
769.101
769.101
Definitions. In this chapter:
769.101(1)
(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
769.101(2)
(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.
769.101(3)
(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.
769.101(4)
(4) "Home state" means the state 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 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.
769.101(5)
(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
769.101(6)
(6) "Income-withholding order" means an order, notice or other legal process directed to an obligor's employer or other debtor to withhold support from the income of, or other money owed to, the obligor.
769.101(7)
(7) "Initiating state" means a state in which a proceeding under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act is filed for forwarding to a responding state.
769.101(8)
(8) "Initiating tribunal" means the authorized tribunal in an initiating state.
769.101(9)
(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.
769.101(10)
(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.
769.101(11)
(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.
769.101(12)(a)
(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 has been rendered.
769.101(12)(b)
(b) A state or political subdivision 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.
769.101(12)(c)
(c) An individual seeking a judgment determining parentage of the individual's child.
769.101(13)
(13) "Obligor" means an individual, or the estate of a decedent, to whom any of the following applies:
769.101(13)(a)
(a) The individual or decedent owes or is alleged to owe a duty of support.
769.101(13)(b)
(b) The individual or decedent is alleged but has not been adjudicated to be a parent of a child.
769.101(13)(c)
(c) The individual or decedent is liable under a support order.
769.101(14)
(14) "Register" means to file a support order or judgment determining parentage with the clerk of court.
769.101(15)
(15) "Registering tribunal" means a tribunal in which a support order is registered.
769.101(16)
(16) "Responding state" means a state to which a proceeding is forwarded under this chapter or a law substantially similar to this chapter, the uniform reciprocal enforcement of support act or the revised uniform reciprocal enforcement of support act.
769.101(17)
(17) "Responding tribunal" means the authorized tribunal in a responding state.
769.101(18)
(18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.
769.101(19)
(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 an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.
769.101(20)
(20) "Support enforcement agency" means a public official or agency authorized to seek any of the following:
769.101(20)(a)
(a) Enforcement of support orders or laws relating to the duty of support.
769.101(21)
(21) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages or reimbursement, and that may include related costs and fees, interest, income withholding, attorney fees and other relief.
769.101(22)
(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.
769.101 History
History: 1993 a. 326.
769.102
769.102
Tribunal of this state. The courts and court commissioners are the tribunal of this state.
769.102 History
History: 1993 a. 326.
769.103
769.103
Remedies cumulative. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.
769.103 History
History: 1993 a. 326.
JURISDICTION
769.201
769.201
Bases for jurisdiction over nonresident. In a proceeding under this chapter to establish, enforce or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual's guardian or conservator, if any of the following applies:
769.201(1)
(1) The individual is personally served with a summons or other notice within this state.
769.201(2)
(2) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.
769.201(3)
(3) The individual resided with the child in this state.
769.201(4)
(4) The individual resided in this state and provided prenatal expenses or support for the child.
769.201(5)
(5) The child resides in this state as a result of the acts or directives of the individual.
769.201(6)
(6) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
769.201(7)
(7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and family services under
s. 48.025 or in a statement acknowledging paternity filed with the state registrar under
s. 69.15 (3) (b) 1. or
3.
769.201(8)
(8) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
769.201 History
History: 1993 a. 326;
1995 a. 27 s.
9126 (19).
769.201 Annotation
Where alleged conception occurred in Florida and alleged non-resident father visited state only once following birth for unspecified purpose, child's residence in state is insufficient contact to subject alleged father to court's jurisdiction. State ex rel. N.R.Z. v. G.L.C., 152 W (2d) 97, 447 NW (2d) 533 (1989).
769.201 Annotation
The predecessor to sub. (6), 767.01 (2) (b), 1989 stats., was held not violate due process clause. In re Paternity of C.A.K., 159 W (2d) 224, 464 NW 59 (Ct. App. 1990).
769.202
769.202
Procedure when exercising jurisdiction over nonresident. A tribunal of this state exercising personal jurisdiction over a nonresident under
s. 769.201 may apply
s. 769.316 to receive evidence from another state and
s. 769.318 to obtain discovery through a tribunal of another state. In all other respects,
subchs. III to
VII do not apply, and the tribunal shall apply the procedural and substantive law of this state, including the rules on choice of law other than those established by this chapter.
769.202 History
History: 1993 a. 326.
769.203
769.203
Initiating and responding tribunal of this state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.
769.203 History
History: 1993 a. 326.
769.204
769.204
Simultaneous proceedings in another state. 769.204(1)(1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if all of the following apply:
769.204(1)(a)
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state.
769.204(1)(b)
(b) The contesting party timely challenges the exercise of jurisdiction in the other state.
