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.
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.
