769.313(1)(1) The petitioner may not be required to pay a filing fee or other costs.
769.313(2)
(2) If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
769.313(3)
(3) The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under
subch. VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
769.313 History
History: 1993 a. 326;
2009 a. 321;
2015 a. 82 s.
12.
769.314
769.314
Limited immunity of petitioner. 769.314(1)
(1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
769.314(2)
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
769.314(3)
(3) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
769.314 History
History: 1993 a. 326;
2009 a. 321;
2015 a. 82 s.
12.
769.315
769.315
Nonparentage as defense. A party whose parentage of a child has been previously determined by or under law may not plead nonparentage as a defense to a proceeding under this chapter.
769.315 History
History: 1993 a. 326.
769.316
769.316
Special rules of evidence and procedure. 769.316(1)(1) The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
769.316(2)
(2) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
769.316(3)
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
769.316(4)
(4) Copies of bills for testing for parentage of a child, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under
subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary, and customary.
769.316(5)
(5) Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
769.316(6)
(6) In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
769.316(7)
(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.
769.316(8)
(8) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
769.316(9)
(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.
769.316(10)
(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 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;
2015 a. 82 s.
12.
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 outside this state to assist in obtaining discovery.
769.318(2)
(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;
2015 a. 82 s.
12.
769.319
769.319
Receipt and disbursement of payments. 769.319(1)
(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.
769.319(2)
(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:
769.319(2)(a)
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
769.319(2)(b)
(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.
769.319(3)
(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
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 with personal jurisdiction over the parties may issue a support order if any of the following applies:
769.401(1)(a)
(a) The individual seeking the order resides outside this state.
769.401(1)(b)
(b) The support enforcement agency seeking the order is located outside this state.
769.401(2)
(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:
769.401(2)(b)
(b) An individual who is petitioning to have his paternity adjudicated.
769.401(2)(c)
(c) An individual who has been identified as the father of the child through genetic testing.
769.401(2)(d)
(d) An alleged father of the child who has declined to submit to genetic testing.
769.401(2)(e)
(e) An individual who has been shown by clear and convincing evidence to be the father of the child.
769.401(2)(h)
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
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 History
History: 1993 a. 326;
2009 a. 321;
2015 a. 82 s.
12.
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 History
History: 2009 a. 321;
2015 a. 82 s.
12.
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 by or on behalf of the obligee, or by the support enforcement agency, to the obligor's employer or other debtor, as specified in
s. 767.75 (1f), 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 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.
769.503
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 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;
2015 a. 82 s.
12.
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 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 designated to receive payments in the income-withholding order.
769.506(2)(d)
(d) If no person 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;
2015 a. 82 ss.
7,
8,
12.
769.507
769.507
Administrative enforcement of orders. 769.507(1)
(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.
