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. 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. 767.75 (2r).
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 of the date, time and place of the hearing.
769.606 History
History: 1993 a. 326;
1997 a. 27.
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)(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)(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.
769.607 Annotation
Section 804.12, which allows the court to dismiss an action as a sanction for discovery violations, applies to actions involving a contest of registration or enforcement of child support orders under this section. Granting a motion for dismissal, however, without addressing whether the violations were egregious constituted an erroneous exercise of discretion. Halko v. Halko, 2005 WI App 99,
281 Wis. 2d 825,
698 N.W.2d 832,
04-1228.
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, unless
s. 769.613 applies the responding tribunal of this state may modify that child support 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 child support order and assume continuing, exclusive jurisdiction over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support 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. If 2 or more tribunals have issued child support orders for the same obligor and child, the child support order that is controlling and must be recognized under
s. 769.207 establishes the nonmodifiable aspects of the support order.
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 History
History: 1993 a. 326;
1997 a. 27.
769.611 Annotation
Unless the specific conditions listed in this section are satisfied, the court may not modify a child support order even though the court has subject matter jurisdiction. Cepukenas v. Cepukenas,
221 Wis. 2d 166,
584 N.W.2d 227 (Ct. App. 1998),
97-1815.
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.
769.613
769.613
Jurisdiction to modify support order of another state when individual parties reside in this state. 769.613(1)(1) If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
769.613(2)
(2) A tribunal of this state exercising jurisdiction as provided in
sub. (1) shall apply the provisions of this subchapter and
subchs. I and
II to the enforcement or modification proceeding.
Subchapters III to
V,
VII and
VIII do not apply, and the tribunal shall apply the procedural and substantive law of this state.
769.613 History
History: 1997 a. 27.
769.614
769.614
Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the modified child support order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier child support order, and in each tribunal in which the party knows that the earlier child support order has been registered. Failure of the party obtaining the modified child support order to file a certified copy as required by this section 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 modified child support order of the new tribunal of continuing, exclusive jurisdiction.
769.614 History
History: 1997 a. 27 s.
5133; Stats. 1997 s. 769.614.
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;
1997 a. 27.
