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.
769.204(1)(c)
(c) If relevant, this state is the home state of the child.
769.204(2)
(2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if all of the following apply:
769.204(2)(a)
(a) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.
769.204(2)(b)
(b) The contesting party timely challenges the exercise of jurisdiction in this state.
769.204(2)(c)
(c) If relevant, the other state is the home state of the child.
769.204 History
History: 1993 a. 326.
769.205
769.205
Continuing, exclusive jurisdiction. 769.205(1)
(1) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order for as long as this state remains the residence of the obligor, the individual obligee or the child for whose benefit the support order is issued, or until each individual party has filed written consent with the tribunal of this state for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
769.205(2)
(2) A tribunal of this state issuing a child support order consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to a law substantially similar to this chapter.
769.205(3)
(3) If a child support order of this state is modified by a tribunal of another state pursuant to a law substantially similar to this chapter, a tribunal of this state loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may only do any of the following:
769.205(3)(a)
(a) Enforce the order that was modified as to amounts accruing before the modification.
769.205(3)(c)
(c) Provide other appropriate relief for violations of that order that occurred before the effective date of the modification.
769.205(4)
(4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state that has issued a child support order under a law substantially similar to this chapter.
769.205(5)
(5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
769.205(6)
(6) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state.
769.205 History
History: 1993 a. 326.
769.206
769.206
Enforcement and modification of support order by tribunal having continuing jurisdiction. 769.206(1)
(1) A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state.
769.206(2)
(2) A tribunal of this state having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply
s. 769.316 to receive evidence from another state and
s. 769.318 to obtain discovery through a tribunal of another state.
769.206(3)
(3) A tribunal of this state that lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.
769.206 History
History: 1993 a. 326.
769.207
769.207
Recognition of child support orders. 769.207(1)
(1) If a proceeding is brought under this chapter, and one or more child support orders have been issued in this or another state with regard to an obligor and a child, a tribunal of this state shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction:
769.207(1)(a)
(a) If only one tribunal has issued a child support order, the order of that tribunal must be recognized.
769.207(1)(b)
(b) If 2 or more tribunals have issued child support orders for the same obligor and child and only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the order of that tribunal must be recognized.
769.207(1)(c)
(c) If 2 or more tribunals have issued child support orders for the same obligor and child and more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized.
769.207(1)(d)
(d) If 2 or more tribunals have issued child support orders for the same obligor and child and none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state may issue a child support order, which must be recognized.
769.207(2)
(2) The tribunal that has issued an order recognized under
sub. (1) is the tribunal having continuing, exclusive jurisdiction.
769.207 History
History: 1993 a. 326.
769.208
769.208
Multiple child support orders for 2 or more obligees. In responding to multiple registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of this state.
769.208 History
History: 1993 a. 326.
769.209
769.209
Credit for payments. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.
769.209 History
History: 1993 a. 326.
CIVIL PROVISIONS OF GENERAL APPLICATION
769.301
769.301
Proceedings under this chapter. 769.301(1)
(1) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
769.301(2)
(2) This chapter provides for all of the following proceedings:
769.301(2)(a)
(a) Under
subch. IV, establishment of an order for spousal support or child support.
