769.102
769.102
Tribunal of this state. The courts and circuit and supplemental court commissioners are the tribunal of this state.
769.102 History
History: 1993 a. 326;
2001 a. 61.
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
When conception allegedly occurred in Florida and the non-resident alleged father visited Wisconsin only once following the birth, for an unspecified purpose, the child's residence in the state was an insufficient contact to subject the alleged father to the court's jurisdiction. State ex rel. N.R.Z. v. G.L.C.
152 Wis. 2d 97,
447 N.W.2d 533 (1989).
769.201 Annotation
The predecessor of sub. (6), 767.01 (2) (b), 1989 stats., did not violate the due process clause. Paternity of C.A.K.
159 Wis. 2d 224,
464 N.W.2d 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 controlling child support order. 769.207(1c)(1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.
769.207(1m)
(1m) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of this state or another state with regard to the same obligor and child, a tribunal of this state shall apply the following rules in determining which child support order to recognize for purposes of continuing, exclusive jurisdiction:
769.207(1m)(a)
(a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal is controlling and must be recognized.
769.207(1m)(b)
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, a child support order issued by a tribunal in the current home state of the child must be recognized, but if a child support order has not been issued in the current home state of the child, the child support order most recently issued is controlling and must be recognized.
769.207(1m)(c)
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state having jurisdiction over the parties must issue a child support order, which is controlling and must be recognized.
769.207(1r)
(1r) If 2 or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which child support order controls and must be recognized under
sub. (1m). The request must be accompanied by a certified copy of every child support order issued for the obligor and child that is in effect. Every party whose rights may be affected by a determination of which child support order controls must be given notice of the request for that determination.
769.207(2)
(2) The tribunal that issued the order that is controlling and must be recognized under
sub. (1c),
(1m) or
(1r) is the tribunal that has continuing, exclusive jurisdiction in accordance with
s. 769.205.
769.207(3)
(3) A tribunal of this state that determines by order which child support order is controlling under
sub. (1m) (a) or
(b), or that issues a new child support order that is controlling under
sub. (1m) (c), shall include in that order the basis upon which the tribunal made its determination.
769.207(4)
(4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.
769.207 History
History: 1993 a. 326;
1997 a. 27.
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 circuit 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;
2001 a. 61.
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. 769.304(1)
(1) 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(2)
(2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.
769.304 History
History: 1993 a. 326;
1997 a. 27.
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, 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.
