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.
769.313 History
History: 1993 a. 326.
769.314
769.314
Limited immunity of petitioner. 769.314(1)
(1) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
769.314(2)
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
769.314(3)
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while present in this state to participate in the proceeding.
769.314 History
History: 1993 a. 326.
769.315
769.315
Nonparentage as defense. A party whose parentage of a child has been previously determined by or under law may not plead nonparentage as a defense to a proceeding under this chapter.
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, its designee or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee or the 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;
1997 a. 27.
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.
ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION
769.501
769.501
Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent to the obligor's employer without first filing a petition or comparable pleading or registering the income-withholding order with a tribunal of this state.
769.501 History
History: 1993 a. 326;
1997 a. 27.
769.502
769.502
Employer's compliance with income-withholding order of another state. 769.502(1)
(1) Upon receipt of an income-withholding order under
s. 769.501, the obligor's employer shall immediately provide a copy of the order to the obligor.
769.502(2)
(2) The employer shall treat an income-withholding order issued in another state that appears to be regular on its face as if it had been issued by a tribunal of this state.
769.502(3)
(3) Except as provided in
sub. (4) and
s. 769.503, the employer shall withhold and distribute the funds as directed in the income-withholding order by complying with the terms of the order, as applicable, that specify any of the following:
769.502(3)(a)
(a) The duration and amount of periodic payments of current child support, stated as a sum certain.
769.502(3)(b)
(b) The person or agency designated to receive payments and the address to which the payments are to be forwarded.
769.502(3)(c)
(c) Medical support, whether in the form of periodic cash payments, stated as a sum certain, or the provision of health insurance coverage for the child under a policy available through the obligor's employment.
769.502(3)(d)
(d) The amounts of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal or the obligee's attorney, stated as sums certain.
769.502(3)(e)
(e) The amount of periodic payments of arrears and interest on arrears, stated as a sum certain.
769.502(4)
(4) The employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to all of the following:
769.502(4)(a)
(a) The employer's fee for processing an income-withholding order.
769.502(4)(b)
(b) The maximum amount permitted to be withheld from the obligor's income.
769.502(4)(c)
(c) The time periods within which the employer must implement the income-withholding order and forward the child support payment.
769.502 History
History: 1993 a. 326;
1997 a. 27.
769.503
769.503
Compliance with multiple income-withholding orders. If an obligor's employer receives multiple orders to withhold support from the earnings of the same obligor, the employer shall be considered to have satisfied the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees.
769.503 History
History: 1997 a. 27.
769.504
769.504
Immunity from civil liability. An employer that complies with an income-withholding order issued in another state in accordance with this subchapter is not subject to civil liability to any individual or agency with regard to the employer's withholding of child support from an obligor's income.
769.504 History
History: 1997 a. 27.
769.505
769.505
Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an income-withholding order issued by a tribunal of this state.
769.505 History
History: 1997 a. 27.
769.506
769.506
Contest by obligor. 769.506(1)(1) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this 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.
769.506(2)
(2) The obligor shall give notice of the contest to all of the following:
769.506(2)(a)
(a) A support enforcement agency providing services to the obligee.
769.506(2)(b)
(b) Each employer that has directly received an income-withholding order.
769.506(2)(c)
(c) Except as provided in
par. (d), the person or agency designated to receive payments in the income-withholding order.
769.506(2)(d)
(d) If no person or agency is designated to receive payments in the income-withholding order, the obligee.
769.506 History
History: 1997 a. 27 ss.
5118 to
5120,
5125,
5126.
769.507
769.507
Administrative enforcement of orders. 769.507(1)
(1) A party seeking to enforce a support order or 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.
769.507(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.
769.507 History
History: 1997 a. 27.
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.
