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769.401 Petition to establish support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if any of the following applies:
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(a) The individual seeking the order resides outside this state.
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(b) The support enforcement agency seeking the order is located outside this state.
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(2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:
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(a) A presumed father of the child.
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(b) An individual who is petitioning to have his paternity adjudicated.
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(c) An individual who has been identified as the father of the child through genetic testing.
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(d) An alleged father of the child who has declined to submit to genetic testing.
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(e) An individual who has been shown by clear and convincing evidence to be the father of the child.
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(f) An individual who has acknowledged paternity of the child under s. 767.805.
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(g) The mother of the child.
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(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
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(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;
2009 a. 321.
769.402
769.402
Proceeding to determine parentage. A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.
769.402 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.
769.402 History
History: 2009 a. 321.
ENFORCEMENT OF ORDER OF ANOTHER STATE WITHOUT REGISTRATION
Subch. V of ch. 769 Note
NOTE: Subch. V (title) 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:
Subch. V of ch. 769 Note
ENFORCEMENT OF SUPPORT ORDER
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 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:
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769.501 Employer's receipt of income-withholding order of another state. An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, 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.
769.502
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 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:
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769.505 Penalties for noncompliance. An employer that willfully fails to comply with an income-withholding order issued in 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;
2009 a. 321.
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 Note
NOTE: Sub. (1) is amended
2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
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(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 by registering the order in a tribunal of this state and filing a contest to that order as provided in subch. VI, or otherwise contesting the order 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;
2009 a. 321.
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 Note
NOTE: Sub. (1) 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:
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(1) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order 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;
2009 a. 321.
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
Subch. VI of ch. 769 Note
NOTE: Subch. VI (title) 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:
Subch. VI of ch. 769 Note
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
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 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:
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769.601 Registration of order for enforcement. A support order or an income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
769.601 History
History: 1993 a. 326;
2009 a. 321.
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 Note
NOTE: Sub. (1) (intro.) 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:
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(1) Except as provided in s. 769.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending all of the following records 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 Note
NOTE: Par. (c) 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:
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(c) A sworn statement by the person requesting 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 Note
NOTE: Sub. (2) 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:
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(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of another state or a foreign country, 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.
