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(c) An individual seeking a judgment determining parentage of the individual's child.
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(d) A person that is a creditor in a proceeding under subch. VII.
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(13) "Obligor" means an individual, or the estate of a decedent, to whom any of the following applies:
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(a) The individual or decedent owes or is alleged to owe a duty of support.
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(b) The individual or decedent is alleged but has not been adjudicated to be a parent of a child.
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(c) The individual or decedent is liable under a support order.
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(d) The individual or decedent is a debtor in a proceeding under subch. VII.
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(13m) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.
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(13r) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.
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(14) "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.
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(15) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.
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(16) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.
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(17) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.
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(18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.
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(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 an Indian nation or tribe.
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(20) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to do any of the following:
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(a) Seek enforcement of support orders or laws relating to the duty of support.
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(b) Seek establishment or modification of child support.
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(c) Request determination of parentage of a child.
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(d) Attempt to locate obligors or their assets.
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(e) Request determination of the controlling child support order.
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(21) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. "Support order" may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.
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(22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.
769.102
769.102
Tribunal of this state. The courts and circuit and supplemental court commissioners are the tribunal of this state.
769.102 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.102 State tribunal and support enforcement agency. (1) The courts and circuit and supplemental court commissioners are the tribunal of this state.
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(2) The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.
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 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.103 Remedies cumulative.
(1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law.
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(2) This chapter does not do any of the following:
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(a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.
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(b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.
769.103 History
History: 1993 a. 326;
2009 a. 321.
769.105
769.105
Application of chapter to resident of foreign country and foreign support proceeding. 769.105(1)
(1) A tribunal of this state shall apply
subchs. I to
VI and, as applicable,
subch. VII, to a support proceeding that involves any of the following:
769.105(1)(c)
(c) An obligee, obligor, or child residing in a foreign country.
769.105(2)
(2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of
subchs. I to
VI.
769.105(3)
(3) Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of
subch. VII is inconsistent with
subchs. I to
VI,
subch. VII controls.
769.105 Note
NOTE: This section is created by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.105 History
History: 2009 a. 321.
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 Note
NOTE: Section 769.201 is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.201 Bases for jurisdiction over nonresident. (1m) In a proceeding to establish or enforce a support order or to determine parentage of a child, 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:
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(a) The individual is personally served with a summons or other notice within this state.
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(b) 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.
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(c) The individual resided with the child in this state.
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(d) The individual resided in this state and provided prenatal expenses or support for the child.
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(e) The child resides in this state as a result of the acts or directives of the individual.
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(f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
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(g) The individual asserted parentage of a child 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.
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(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
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(2m) The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.
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. (1m) (f), 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 Note
NOTE: This section is repealed and recreated by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.202 Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ss. 769.205, 769.206, and 769.211.
769.202 History
History: 1993 a. 326;
2009 a. 321.
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 Note
NOTE: This section is amended by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
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 a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
769.203 History
History: 1993 a. 326;
2009 a. 321.
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 Note
NOTE: This section is affected by
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
Effective date text
769.204 Simultaneous proceedings. (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 or a foreign country only if all of the following apply:
