SB473: Bill Text

SB473,48,25 (j) The order was made in violation of s. 769.711.

SB473,49,2 (3) If a tribunal of this state does not recognize a convention support order under sub. (2) (b), (d), (f), or (i), both of the following apply:

SB473,49,4 (a) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.

SB473,49,7 (b) The department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under s. 769.704.

SB473,49,11 769.709 Partial enforcement. If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.

SB473,49,14 769.710 Foreign support agreement. (1) Except as otherwise provided in subs. (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.

SB473,49,16 (2) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by all of the following:

SB473,49,17 (a) A complete text of the foreign support agreement.

SB473,49,19 (b) A record stating that the foreign support agreement is enforceable as a decision in the issuing country.

SB473,49,22 (3) A tribunal of this state may vacate the registration of the foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

SB473,49,24 (4) In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:

SB473,50,2 (a) Recognition and enforcement of the agreement is manifestly incompatible with public policy.

SB473,50,3 (b) The agreement was obtained by fraud or falsification.

SB473,50,7 (c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country, if the support order is entitled to recognition and enforcement under this chapter in this state.

SB473,50,8 (d) The record submitted under sub. (2) lacks authenticity or integrity.

SB473,50,11 (5) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

SB473,50,15 769.711 Modification of convention child support order. (1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued, unless any of the following applies:

SB473,50,18 (a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.

SB473,50,20 (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

SB473,50,22 (2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, s. 769.708 (3) applies:

SB473,50,25 769.712 Personal information; limit on use. Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.

SB473,51,3 769.713 Record in original language; English translation. A record filed with a tribunal of this state under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.

SB473, s. 169 Section 169. 769.802 (2) of the statutes is amended to read:

SB473,51,14 769.802 (2) If, 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, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

SB473, s. 170 Section 170. 769.901 of the statutes is amended to read:

SB473,51,20 769.901 Uniformity of application and construction. This In applying and construing this chapter shall be applied and construed to effectuate its general purpose to make uniform, consideration must be given to the need to promote uniformity of the law with respect to the subject of this chapter among states enacting it.

SB473, s. 171 Section 171. 769.903 (title) of the statutes is amended to read:

SB473,51,22 769.903 (title) Severability clause.

SB473, s. 172 Section 172. Initial applicability.

SB473,52,2 (1) This act first applies to proceedings commenced on the effective date of this subsection to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.

SB473,52,3 (End)