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.
769.309
769.309
Private counsel. An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
769.309 History
History: 1993 a. 326.
769.31
769.31
Duties of state information agency. 769.31(1)
(1) The department of industry, labor and job development is the state information agency under this chapter.
769.31(2)
(2) The state information agency shall do all of the following:
769.31(2)(a)
(a) Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state.
769.31(2)(b)
(b) Maintain a register of tribunals and support enforcement agencies received from other states.
769.31(2)(c)
(c) Forward to the appropriate tribunal in the place in this state in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from an initiating tribunal or the state information agency of the initiating state.
769.31(2)(d)
(d) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.
769.311
769.311
Pleadings and accompanying documents. 769.311(1)(1) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this chapter must verify the petition. Unless otherwise ordered under
s. 769.312, the petition or accompanying documents must provide, so far as known, the names, residential addresses, social security numbers and dates of birth of the obligor and the obligee and the name, sex, residential address, social security number and date of birth of each child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent.
769.311(2)
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
769.311 History
History: 1993 a. 326.
769.312
769.312
Nondisclosure of information in exceptional circumstances. Upon a finding, which may be made ex parte, that the health, safety or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this chapter.
769.312 History
History: 1993 a. 326.
769.313(1)(1) The petitioner may not be required to pay a filing fee or other costs.
769.313(2)
(2) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney fees, other costs and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs and expenses.
769.313(3)
(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under
subch. VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
