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.
769.301(2)(b)
(b) Under
subch. V, enforcement of a support order and income-withholding order of another state without registration.
769.301(2)(c)
(c) Under
subch. VI, registration of an order for spousal support or child support of another state for enforcement.
769.301(2)(d)
(d) Under
subch. II, modification of an order for child support or spousal support issued by a tribunal of this state.
769.301(2)(e)
(e) Under
subch. VI, registration of an order for child support of another state for modification.
769.301(2)(g)
(g) Under
subch. II, assertion of jurisdiction over nonresidents.
769.301(3)
(3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state that has or can obtain personal jurisdiction over the respondent.
769.301 History
History: 1993 a. 326.
769.302
769.302
Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding
s. 767.045 (1) or
803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a family court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in
s. 767.475 (1).
769.302 History
History: 1993 a. 326.
769.303
769.303
Application of law of this state. Except as otherwise provided by this chapter, a responding tribunal of this state shall do all of the following:
769.303(1)
(1) Apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.
769.303(2)
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
769.303 History
History: 1993 a. 326.
769.304
769.304
Duties of initiating tribunal. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward 3 copies of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
769.304 History
History: 1993 a. 326.
769.305
769.305
Duties and powers of responding tribunal. 769.305(1)(1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under
s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner by 1st class mail, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when it was filed.
769.305(2)
(2) A responding tribunal of this state, to the extent otherwise authorized by law, may do any of the following:
769.305(2)(a)
(a) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage.
769.305(2)(b)
(b) Order an obligor to comply with a support order specifying the amount and the manner of compliance.
769.305(2)(d)
(d) Determine the amount of any arrearages and specify a method of payment.
769.305(2)(e)
(e) Enforce orders by civil or criminal contempt or both.
769.305(2)(f)
(f) Set aside property for satisfaction of the support order.
769.305(2)(g)
(g) Place liens and order execution on the obligor's property.
769.305(2)(h)
(h) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment.
769.305(2)(i)
(i) Issue an order under
s. 818.02 (6) for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order for arrest in any local and state computer systems for criminal warrants.
769.305(2)(j)
(j) Order the obligor to seek appropriate employment by specified methods.
769.305(2)(k)
(k) Award reasonable attorney fees and other fees and costs.
769.305(3)
(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
769.305(4)
(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
769.305(5)
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order by 1st class mail to the petitioner and the respondent and to the initiating tribunal, if any.
769.305 History
History: 1993 a. 326;
1995 a. 225.
769.306
769.306
Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner by 1st class mail, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when the pleading was sent.
769.306 History
History: 1993 a. 326.
769.307
769.307
Duties of support enforcement agency. 769.307(1)
(1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.
769.307(2)
(2) A support enforcement agency that is providing services to the petitioner shall do all of the following as appropriate:
769.307(2)(a)
(a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent.
769.307(2)(b)
(b) Request an appropriate tribunal to set a date, time and place for a hearing.
769.307(2)(c)
(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties.
769.307(2)(d)
(d) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice by 1st class mail to the petitioner.
769.307(2)(e)
(e) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication by 1st class mail to the petitioner.
769.307(2)(f)
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
769.307(3)
(3) This chapter does not create a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency nor does this chapter affect an attorney-client relationship or a fiduciary relationship that arises under other law.
769.307 History
History: 1993 a. 326.
769.308
769.308
Duty of attorney general. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
769.308 History
History: 1993 a. 326.
