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(7) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
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(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
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(9) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
Effective date text
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
769.317
769.317
Communications between tribunals. A tribunal of this state may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree or order of that tribunal and the status of a proceeding in the other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state.
769.317 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
769.317 Communications between tribunals. A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
769.317 History
History: 1993 a. 326;
2009 a. 321.
769.318
769.318
Assistance with discovery. A tribunal of this state may do all of the following:
769.318(1)
(1) Request a tribunal of another state to assist in obtaining discovery.
769.318(2)
(2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state.
769.318 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
769.318 Assistance with discovery. A tribunal of this state may do all of the following:
Effective date text
(1) Request a tribunal outside this state to assist in obtaining discovery.
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(2) Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
769.318 History
History: 1993 a. 326;
2009 a. 321.
769.319
769.319
Receipt and disbursement of payments. A support enforcement agency, its designee or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee or the tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received.
769.319 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
769.319 Receipt and disbursement of payments. (1) A support enforcement agency, its designee, or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee, or the tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
Effective date text
(2) If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall do all of the following:
Effective date text
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
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(b) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
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(3) The support enforcement agency of this state receiving redirected payments from another state under a law similar to sub. (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
ESTABLISHMENT OF SUPPORT ORDER
Subch. IV of ch. 769 Note
NOTE: Subch. IV (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. IV of ch. 769 Note
ESTABLISHMENT OF SUPPORT ORDER
OR DETERMINATION OF PARENTAGE
769.401
769.401
Petition to establish support order. 769.401(1)
(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if any of the following applies:
769.401(1)(a)
(a) The individual seeking the order resides in another state.
769.401(1)(b)
(b) The support enforcement agency seeking the order is located in another state.
769.401(2)
(2) The tribunal may issue a temporary child support order if any of the following applies:
769.401(2)(a)
(a) The respondent has signed a verified statement acknowledging parentage.
769.401(2)(b)
(b) The respondent has been determined by or under law to be the parent.
769.401(2)(c)
(c) There is other clear and convincing evidence that the respondent is the child's parent.
769.401(3)
(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 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
769.401 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:
Effective date text
(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.
Effective date text
(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:
Effective date text
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:
Effective date text
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:
