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(2) In a proceeding for arrearages under a registered support order, the statute of limitations under the laws of this state or of the issuing state or foreign country, whichever is longer, applies.
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(3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country that is registered in this state.
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(4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.
769.604 History
History: 1993 a. 326;
2009 a. 321.
769.605
769.605
Notice of registration of order. 769.605(1)
(1) Whenever a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
769.605(2)
(2) The notice must inform the nonregistering party of all of the following:
769.605(2)(a)
(a) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.
769.605(2)(b)
(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice.
769.605(2)(c)
(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted.
769.605(3)
(3) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer under
s. 767.75 (2r).
769.605 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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769.605 Notice of registration of order. (1) Whenever a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
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(2) The notice must inform the nonregistering party of all of the following:
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(a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.
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(b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice unless the registered order is under s. 769.707.
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(c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages.
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(d) The amount of any alleged arrearages.
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(2m) If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:
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(a) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.
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(b) Notify the nonregistering party of the right to a determination of which is the controlling order.
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(c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.
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(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
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(3) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer under s. 767.75 (2r).
769.606
769.606
Procedure to contest validity or enforcement of registered order. 769.606(1)(1) A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within 20 days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order or to contest the remedies being sought or the amount of any alleged arrearages as provided in
s. 769.607.
769.606(2)
(2) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
769.606(3)
(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time and place of the hearing.
769.606 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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769.606 Procedure to contest validity or enforcement of registered support order. (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by s. 769.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.
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(2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.
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(3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
769.607
769.607
Contest of registration or enforcement. 769.607(1)
(1) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
769.607(1)(a)
(a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
769.607(1)(c)
(c) That the order has been vacated, suspended or modified by a later order.
769.607(1)(d)
(d) That the issuing tribunal has stayed the order pending appeal.
769.607(1)(e)
(e) That there is a defense under the law of this state to the remedy sought.
769.607(1)(g)
(g) That the statute of limitations under
s. 769.604 (2) precludes enforcement of some or all of the arrearages.
769.607(2)
(2) If a party presents evidence establishing a full or partial defense under
sub. (1), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence or issue other appropriate orders. An uncontested portion of the registered order may be enforced by all remedies available under the law of this state.
769.607(3)
(3) If the contesting party does not establish a defense under
sub. (1) to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order.
769.607 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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769.607 Contest of registration or enforcement. (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
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(a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
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(b) That the order was obtained by fraud.
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(c) That the order has been vacated, suspended or modified by a later order.
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(d) That the issuing tribunal has stayed the order pending appeal.
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(e) That there is a defense under the law of this state to the remedy sought.
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(f) That full or partial payment has been made.
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(g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
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(h) That the alleged controlling order is not the controlling order.
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(2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
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(3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.
769.607 History
History: 1993 a. 326;
2009 a. 321.
769.607 Annotation
Section 804.12, which allows the court to dismiss an action as a sanction for discovery violations, applies to actions involving a contest of registration or enforcement of child support orders under this section. Granting a motion for dismissal, however, without addressing whether the violations were egregious constituted an erroneous exercise of discretion. Halko v. Halko,
2005 WI App 99,
281 Wis. 2d 825,
698 N.W.2d 832,
04-1228.
769.608
769.608
Confirmed order. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
769.608 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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769.608 Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
769.608 History
History: 1993 a. 326;
2009 a. 321.
769.609
769.609
Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in
ss. 769.601 to
769.604 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
769.609 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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769.609 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in 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 later. The pleading must specify the grounds for modification.
769.609 History
History: 1993 a. 326;
2009 a. 321.
769.61
769.61
Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of
s. 769.611 have been met.
769.61 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
769.61 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of s. 769.611 or 769.613 have been met.
769.61 History
History: 1993 a. 326;
2009 a. 321.
769.611
769.611
Modification of child support order of another state. 769.611(1)(1) After a child support order issued in another state has been registered in this state, unless
s. 769.613 applies the responding tribunal of this state may modify that child support order only if, after notice and hearing, it finds at least one of the following:
769.611(1)(a)
(a) That all of the following requirements are met:
769.611(1)(a)1.
1. The child, the individual obligee and the obligor do not reside in the issuing state.
769.611(1)(a)2.
2. A petitioner who is a nonresident of this state seeks modification.
769.611(1)(a)3.
3. The respondent is subject to the personal jurisdiction of the tribunal of this state.
769.611(1)(b)
(b) That an individual party or the child is subject to the personal jurisdiction of the tribunal and that all of the individual parties have filed a written consent in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction over the child support order. However, if the issuing state is a foreign jurisdiction that has not enacted this chapter, the written consent of the individual party residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order.
769.611(2)
(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.
769.611(3)
(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. If 2 or more tribunals have issued child support orders for the same obligor and child, the child support order that is controlling and must be recognized under
s. 769.207 establishes the nonmodifiable aspects of the support order.
769.611(4)
(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.
769.611 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
769.611 Modification of child support order of another state. (1) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies a tribunal of this state may, upon petition, modify that child support order if, after notice and hearing, it finds one of the following:
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(a) That all of the following requirements are met:
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1. The child, the obligee who is an individual, and the obligor do not reside in the issuing state.
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2. A petitioner who is a nonresident of this state seeks modification.
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3. The respondent is subject to the personal jurisdiction of the tribunal of this state.
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(b) That this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and that all of the parties who are individuals have filed consents in a record in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction.
