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(2)(d) (d) The amount of any alleged arrearages.
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:
769.607(1)(a) (a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
769.607(1)(b) (b) That the order was obtained by fraud.
769.607(1)(c) (c) That the order has been vacated, suspended or modified by a later order.
769.607(1)(d) (d) That the issuing tribunal has stayed the order pending appeal.
769.607(1)(e) (e) That there is a defense under the law of this state to the remedy sought.
769.607(1)(f) (f) That full or partial payment has been made.
769.607(1)(g) (g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
769.607(2) (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence or issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
769.607(3) (3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
769.607 History History: 1993 a. 326.
769.608 769.608 Confirmed order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
769.608 History History: 1993 a. 326.
769.609 769.609 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in ss. 769.601 to 769.604 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
769.609 History History: 1993 a. 326.
769.61 769.61 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of s. 769.611 have been met.
769.61 History History: 1993 a. 326.
769.611 769.611 Modification of child support order of another state.
769.611(1)(1) After a child support order issued in another state has been registered in this state, the responding tribunal of this state may modify that order only if, after notice and hearing, it finds at least one of the following:
769.611(1)(a) (a) That all of the following requirements are met:
769.611(1)(a)1. 1. The child, the individual obligee and the obligor do not reside in the issuing state.
769.611(1)(a)2. 2. A petitioner who is a nonresident of this state seeks modification.
769.611(1)(a)3. 3. The respondent is subject to the personal jurisdiction of the tribunal of this state.
769.611(1)(b) (b) That an individual party or the child is subject to the personal jurisdiction of the tribunal and that all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the support order and assume continuing, exclusive jurisdiction over the order.
769.611(2) (2) Modification of a registered child support order is subject to the same requirements, procedures and defenses as apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
769.611(3) (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state.
769.611(4) (4) Upon issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
769.611(5) (5) Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows that earlier order has been registered.
769.611 History History: 1993 a. 326.
769.612 769.612 Recognition of order modified in another state. A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state that assumed jurisdiction under a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall do all of the following:
769.612(1) (1) Enforce the order that was modified only as to amounts accruing before the modification.
769.612(2) (2) Enforce only nonmodifiable aspects of that order.
769.612(3) (3) Provide other appropriate relief only for violations of that order that occurred before the effective date of the modification.
769.612(4) (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
769.612 History History: 1993 a. 326.
subch. VII of ch. 769 SUBCHAPTER VII
DETERMINATION OF PARENTAGE
769.701 769.701 Proceeding to determine parentage.
769.701(1) (1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought 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 to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.
769.701(2) (2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
769.701 History History: 1993 a. 326.
subch. VIII of ch. 769 SUBCHAPTER VIII
INTERSTATE RENDITION
769.801 769.801 Grounds for rendition.
769.801(1) (1) For purposes of this subchapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
769.801(2) (2) The governor of this state may do any of the following:
769.801(2)(a) (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee.
769.801(2)(b) (b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.
769.801(3) (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
769.801 History History: 1993 a. 326.
769.802 769.802 Conditions of rendition.
769.802(1) (1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support under this chapter or that the proceeding would be of no avail.
769.802(2) (2) If, 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, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
769.802(3) (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.
769.802 History History: 1993 a. 326.
subch. IX of ch. 769 SUBCHAPTER IX
MISCELLANEOUS PROVISIONS
769.901 769.901 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
769.901 History History: 1993 a. 326.
769.903 769.903 Severability clause. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
769.903 History History: 1993 a. 326.
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?