769.315 History
History: 1993 a. 326.
769.316
769.316
Special rules of evidence and procedure. 769.316(1)(1) The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage.
769.316(2)
(2) A verified petition, affidavit, document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state.
769.316(3)
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
769.316(4)
(4) Copies of bills for testing for parentage, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under
subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary and customary.
769.316(5)
(5) Documentary evidence transmitted from another state to a tribunal of this state by telephone, telecopier or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
769.316(6)
(6) In a proceeding under this chapter, a tribunal of this state may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
769.316(7)
(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
769.316(8)
(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
769.316(9)
(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
769.316 History
History: 1993 a. 326;
1995 a. 27.
769.317
769.317
Communications between tribunals. A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state.
769.317 History
History: 1993 a. 326.
769.318
769.318
Assistance with discovery. A tribunal of this state may do all of the following:
769.318(1)
(1) Request a tribunal of another state to assist in obtaining discovery.
769.318(2)
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
769.318 History
History: 1993 a. 326.
769.319
769.319
Receipt and disbursement of payments. A support enforcement agency or tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.
769.319 History
History: 1993 a. 326.
ESTABLISHMENT OF SUPPORT ORDER
769.401
769.401
Petition to establish support order. 769.401(1)
(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if any of the following applies:
769.401(1)(a)
(a) The individual seeking the order resides in another state.
769.401(1)(b)
(b) The support enforcement agency seeking the order is located in another state.
769.401(2)
(2) The tribunal may issue a temporary child support order if any of the following applies:
769.401(2)(a)
(a) The respondent has signed a verified statement acknowledging parentage.
769.401(2)(b)
(b) The respondent has been determined by or under law to be the parent.
769.401(2)(c)
(c) There is other clear and convincing evidence that the respondent is the child's parent.
769.401(3)
(3) Upon finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under
s. 769.305.
769.401 History
History: 1993 a. 326.
DIRECT ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
769.501
769.501
Recognition of income-withholding order of another state. 769.501(1)(1) An income-withholding order issued in another state may be sent by 1st class mail to the obligor's employer without first filing a petition or comparable pleading or registering the order with a tribunal of this state. Upon receipt of the order, the employer shall do all of the following:
769.501(1)(a)
(a) Treat an income-withholding order issued in another state that appears regular on its face as if it had been issued by a tribunal of this state.
769.501(1)(b)
(b) Immediately provide a copy of the order to the obligor.
769.501(1)(c)
(c) Distribute the funds as directed in the withholding order.
769.501(2)
(2) An obligor may contest the validity or enforcement of an income-withholding order issued in another state in the same manner as if the order had been issued by a tribunal of this state.
Section 769.604 applies to the contest. The obligor shall give notice of the contest to any support enforcement agency providing services to the obligee and to either of the following:
769.501(2)(a)
(a) The person or agency designated to receive payments in the income-withholding order.
769.501(2)(b)
(b) If no person or agency is designated, the obligee.
769.501 History
History: 1993 a. 326.
769.502
769.502
Administrative enforcement of orders. 769.502(1)
(1) A party seeking to enforce a support order o r an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.
769.502(2)
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order as provided in this chapter.
769.502 History
History: 1993 a. 326.
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
769.601
769.601
Registration of order for enforcement. A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.
769.601 History
History: 1993 a. 326.
769.602
769.602
Procedure to register order for enforcement. 769.602(1)(1) A support order or income-withholding order of another state may be registered in this state by sending all of the following documents and information to the appropriate tribunal in this state:
769.602(1)(a)
(a) A letter of transmittal to the tribunal requesting registration and enforcement.
769.602(1)(b)
(b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order.
769.602(1)(c)
(c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage.
769.602(1)(d)
(d) The name of the obligor and any of the following that are known:
769.602(1)(d)2.
2. The name and address of the obligor's employer and any other source of income of the obligor.
769.602(1)(d)3.
3. A description and the location of property of the obligor in this state not exempt from execution.
769.602(1)(e)
(e) Except as provided in
s. 769.312, the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
769.602(2)
(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
769.602(3)
(3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
769.602 History
History: 1993 a. 326.
769.603
769.603
Effect of registration for enforcement. 769.603(1)
(1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.
769.603(2)
(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
769.603(3)
(3) Except as otherwise provided in this subchapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
769.603 History
History: 1993 a. 326.
769.604(1)(1) The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order.
769.604(2)
(2) In a proceeding for arrearages, the statute of limitations under the laws of this state or of the issuing state, whichever is longer, applies.
769.604 History
History: 1993 a. 326.
769.605
769.605
Notice of registration of order. 769.605(1)
(1) Whenever a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. Notice must be given by 1st class, certified or registered mail or by any means of personal service authorized by the law of this state. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
769.605(2)
(2) The notice must inform the nonregistering party of all of the following:
769.605(2)(a)
(a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.
769.605(2)(b)
(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice.
769.605(2)(c)
(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.
769.605(3)
(3) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer under
s. 767.265 (2r).
769.605 History
History: 1993 a. 326.
769.606
769.606
Procedure to contest validity or enforcement of registered order. 769.606(1)(1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages as provided in
s. 769.607.
769.606(2)
(2) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
769.606(3)
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by 1st class mail of the date, time and place of the hearing.
769.606 History
History: 1993 a. 326.
769.607
769.607
Contest of registration or enforcement. 769.607(1)
(1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
