GENERAL PROVISIONS
769.101
769.101
Definitions. In this chapter:
769.101(1)
(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.
769.101(2)
(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.
769.101(3)
(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.
769.101(4)
(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.
769.101(5)
(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
769.101(6)
(6) "Income-withholding order" means an order, notice or other legal process directed to an obligor's employer or other debtor to withhold support from the income of, or other money owed to, the obligor.
769.101(7)
(7) "Initiating state" means a state from which a proceeding is forwarded, or in which a proceeding is filed for forwarding, to a responding state under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
769.101(8)
(8) "Initiating tribunal" means the authorized tribunal in an initiating state.
769.101(9)
(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.
769.101(10)
(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.
769.101(11)
(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.
769.101(12)(a)
(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered.
769.101(12)(b)
(b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee.
769.101(12)(c)
(c) An individual seeking a judgment determining parentage of the individual's child.
769.101(13)
(13) "Obligor" means an individual, or the estate of a decedent, to whom any of the following applies:
769.101(13)(a)
(a) The individual or decedent owes or is alleged to owe a duty of support.
769.101(13)(b)
(b) The individual or decedent is alleged but has not been adjudicated to be a parent of a child.
769.101(13)(c)
(c) The individual or decedent is liable under a support order.
769.101(14)
(14) "Register" means to file a support order or judgment determining parentage with the clerk of court.
769.101(15)
(15) "Registering tribunal" means a tribunal in which a support order is registered.
769.101(16)
(16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
769.101(17)
(17) "Responding tribunal" means the authorized tribunal in a responding state.
769.101(18)
(18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.
769.101(19)
(19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. "State" includes all of the following:
769.101(19)(b)
(b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter or to the procedures under the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.
769.101(20)
(20) "Support enforcement agency" means a public official or agency authorized to seek any of the following:
769.101(20)(a)
(a) Enforcement of support orders or laws relating to the duty of support.
769.101(21)
(21) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages or reimbursement, and that may include related costs and fees, interest, income withholding, attorney fees and other relief.
769.101(22)
(22) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage in this state or in an issuing or responding state.
769.101 History
History: 1993 a. 326;
1997 a. 27.
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 children and families 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 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.
