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:
Effective date text
(a) The individual is personally served with a summons or other notice within this state.
Effective date text
(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.
Effective date text
(c) The individual resided with the child in this state.
Effective date text
(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.
Effective date text
(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.
Effective date text
(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
Effective date text
(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:
Effective date text
(a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country.
Effective date text
(b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.
Effective date text
(c) If relevant, this state is the home state of the child.
Effective date text
(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 or a foreign country if all of the following apply:
Effective date text
(a) The petition or comparable pleading in the other state or foreign country 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.
Effective date text
(b) The contesting party timely challenges the exercise of jurisdiction in this state.
Effective date text
(c) If relevant, the other state or foreign country is the home state of the child.
769.204 History
History: 1993 a. 326;
2009 a. 321.
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 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
769.205 Continuing, exclusive jurisdiction to modify child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and any of the following applies:
Effective date text
(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.
Effective date text
(b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.
Effective date text
(2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if any of the following applies:
Effective date text
(a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction.
Effective date text
(b) Its order is not the controlling order.
Effective date text
(3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
Effective date text
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
Effective date text
(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 History
History: 1993 a. 326;
2009 a. 321.
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 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
769.206 Continuing jurisdiction to enforce child support order. (1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce any of the following:
Effective date text
(a) The order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act.
Effective date text
(b) A money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.
Effective date text
(2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
769.206 History
History: 1993 a. 326;
2009 a. 321.
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.
