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(2) Modification of a registered child support order is subject to the same requirements, procedures and defenses as apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.
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(3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.
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(3m) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes the imposition of a further obligation of support by a tribunal of this state.
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(4) Upon issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.
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(5) Notwithstanding subs. (1) to (4) and s. 769.201 (2m), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if one party resides in another state and the other party resides outside the United States.
769.611 Annotation
Unless the specific conditions listed in this section are satisfied, the court may not modify a child support order even though the court has subject matter jurisdiction. Cepukenas v. Cepukenas,
221 Wis. 2d 166,
584 N.W.2d 227 (Ct. App. 1998),
97-1815.
769.612
769.612
Recognition of order modified in another state. A tribunal of this state shall recognize a modification of its earlier child support order by a tribunal of another state that assumed jurisdiction under a law substantially similar to this chapter and, upon request, except as otherwise provided in this chapter, shall do all of the following:
769.612(1)
(1) Enforce the order that was modified only as to amounts accruing before the modification.
769.612(2)
(2) Enforce only nonmodifiable aspects of that order.
769.612(3)
(3) Provide other appropriate relief only for violations of that order that occurred before the effective date of the modification.
769.612(4)
(4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
769.612 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:
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769.612 Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act, all of the following apply to a tribunal of this state:
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(1) The tribunal may enforce its order that was modified only as to arrearages and interest accruing before the modification.
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(3) The tribunal may provide appropriate relief for violations of its order that occurred before the effective date of the modification.
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(4) The tribunal shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
769.612 History
History: 1993 a. 326;
2009 a. 321.
769.613
769.613
Jurisdiction to modify support order of another state when individual parties reside in this state. 769.613(1)(1) If all of the individual parties reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
769.613(2)
(2) A tribunal of this state exercising jurisdiction as provided in
sub. (1) shall apply the provisions of this subchapter and
subchs. I and
II to the enforcement or modification proceeding.
Subchapters III to
V,
VII and
VIII do not apply, and the tribunal shall apply the procedural and substantive law of this state.
769.613 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:
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769.613 Jurisdiction to modify child support order of another state when individual parties reside in this state. (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order.
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(2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall apply the provisions of this subchapter and subchs. I and II and the procedural and substantive law of this state to the enforcement or modification proceeding. Subchapters III to V, VII, and VIII do not apply.
769.613 History
History: 1997 a. 27;
2009 a. 321.
769.614
769.614
Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the modified child support order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier child support order, and in each tribunal in which the party knows that the earlier child support order has been registered. Failure of the party obtaining the modified child support order to file a certified copy as required by this section subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the modified child support order of the new tribunal of continuing, exclusive jurisdiction.
769.614 History
History: 1997 a. 27 s.
5133; Stats. 1997 s. 769.614.
769.615
769.615
Jurisdiction to modify child support order of foreign country. 769.615(1)(1) Except as provided in
s. 769.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order under its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals who are subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under
s. 769.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.
769.615(2)
(2) An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.
769.615 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.
769.615 History
History: 2009 a. 321.
769.616
769.616
Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under
ss. 769.601 to
769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
769.616 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.
769.616 History
History: 2009 a. 321.
DETERMINATION OF PARENTAGE
769.701
769.701
Proceeding to determine parentage. 769.701(1)
(1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.
769.701(2)
(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
769.701 History
History: 1993 a. 326;
1997 a. 27.
769.701 Note
NOTE: Subchapter VII is repealed and recreated effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:
769.701 Note
SUBCHAPTER VII
769.701 Note
SUPPORT PROCEEDING UNDER CONVENTION
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769.701 Definitions. In this subchapter:
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(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
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(2) "Central authority" means the entity designated by the United States or a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.
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(3) "Convention support order" means a support order of a tribunal of a foreign country described in s. 769.101 (3c) (d).
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(3m) "Department" means the department of children and families.
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(4) "Direct request" means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.
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(5) "Foreign central authority" means the entity designated by a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.
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(6) (a) "Foreign support agreement" means an agreement for support in a record to which all of the following apply:
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1. It is enforceable as a support order in the country of origin.
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2. It has been either of the following:
769.701 Note
a. Formally drawn up or registered as an authentic instrument by a foreign tribunal.
769.701 Note
b. Authenticated by, or concluded, registered, or filed with a foreign tribunal.
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3. It may be reviewed and modified by a foreign tribunal.
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(b) "Foreign support agreement" includes a maintenance arrangement or authentic instrument under the convention.
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(7) "United States central authority" means the secretary of the federal department of health and human services.
769.701 History
History: 2009 a. 321.
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769.702 Applicability. This subchapter applies only to a support proceeding under the convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchs. I to VI, this subchapter controls.
769.701 History
History: 2009 a. 321.
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769.703 Relationship of governmental entity to United States central authority. The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
769.701 History
History: 2009 a. 321.
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769.704 Initiation by department of support proceeding under convention. (1) In a support proceeding under this subchapter, the department shall do all of the following:
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(a) Transmit and receive applications.
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(b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
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(2) All of the following support proceedings are available to an obligee under the convention:
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(a) Recognition or recognition and enforcement of a foreign support order.
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(b) Enforcement of a support order issued or recognized in this state.
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(c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
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(d) Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).
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(e) Modification of a support order of a tribunal of this state.
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(f) Modification of a support order of a tribunal of another state or a foreign country.
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(3) All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:
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(a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
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(b) Modification of a support order of a tribunal of this state.
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(c) Modification of a support order of a tribunal of another state or a foreign country.
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(4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
769.701 History
History: 2009 a. 321.
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769.705 Direct request. (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.
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(2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ss. 769.706 to 769.713 apply.
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(3) In a direct request for recognition and enforcement of a convention support order or foreign support agreement all of the following apply:
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(a) A security, bond, or deposit is not required to guarantee the payment of costs and expenses.
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(b) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
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(4) A petitioner filing a direct request is not entitled to assistance from the department.
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(5) This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
769.701 History
History: 2009 a. 321.
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769.706 Registration of convention support order. (1) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in subch. VI.
