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769.209 769.209 Credit for payments. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of this state.
769.209 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 769.209Credit for payments. A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support order against the amounts owed for the same period under any other child support order for support of the same child issued by a tribunal of this state, another state, or a foreign country.
769.209 History History: 1993 a. 326; 2009 a. 321.
769.210 769.210 Application of act to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to s. 769.316, communicate with a tribunal outside this state pursuant to s. 769.317, and obtain discovery through a tribunal outside this state pursuant to s. 769.318. In all other respects, subchs. III to VI do not apply, and the tribunal shall apply the procedural and substantive law of this state.
769.210 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.
769.210 History History: 2009 a. 321.
769.211 769.211 Continuing, exclusive jurisdiction to modify spousal support order.
769.211(1) (1) A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
769.211(2) (2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
769.211(3) (3) A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:
769.211(3)(a) (a) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.
769.211(3)(b) (b) A responding tribunal to enforce or modify its own spousal support order.
769.211 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.
769.211 History History: 2009 a. 321.
subch. III of ch. 769 SUBCHAPTER III
CIVIL PROVISIONS OF GENERAL APPLICATION
769.301 769.301 Proceedings under this chapter.
769.301(1) (1) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
769.301(2) (2) This chapter provides for all of the following proceedings:
769.301(2)(a) (a) Under subch. IV, establishment of an order for spousal support or child support.
769.301(2)(b) (b) Under subch. V, enforcement of a support order and income-withholding order of another state without registration.
769.301(2)(c) (c) Under subch. VI, registration of an order for spousal support or child support of another state for enforcement.
769.301(2)(d) (d) Under subch. II, modification of an order for child support or spousal support issued by a tribunal of this state.
769.301(2)(e) (e) Under subch. VI, registration of an order for child support of another state for modification.
769.301(2)(f) (f) Under subch. VII, determination of parentage.
769.301(2)(g) (g) Under subch. II, assertion of jurisdiction over nonresidents.
769.301(3) (3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state that has or can obtain personal jurisdiction over the respondent.
769.301 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 769.301Proceedings under this chapter. (1) Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
Effective date text (3) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
769.301 History History: 1993 a. 326; 2009 a. 321.
769.302 769.302 Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. Notwithstanding s. 767.407 (1) or 803.01 (3), the court may appoint a guardian ad litem for the minor's child, but the court need not appoint a guardian ad litem for a minor parent who maintains such a proceeding unless the proceeding is one for the determination of parentage, in which case the court or a circuit court commissioner shall appoint a guardian ad litem for a minor parent within this state who maintains such a proceeding or for a minor within this state who is alleged to be a parent, as provided in s. 767.82 (1).
769.302 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 769.302Action by minor parent. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
769.302 History History: 1993 a. 326; 2001 a. 61; 2005 a. 443 s. 265; 2009 a. 321.
769.303 769.303 Application of law of this state. Except as otherwise provided by this chapter, a responding tribunal of this state shall do all of the following:
769.303(1) (1) Apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.
769.303(2) (2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
769.303 History History: 1993 a. 326.
769.304 769.304 Duties of initiating tribunal.
769.304(1) (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward 3 copies of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
769.304(2) (2) If a responding state has not enacted this chapter or a law or procedure substantially similar to this chapter, a tribunal of this state may issue a certificate or other documents and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state.
769.304 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 769.304Duties of initiating tribunal. (1) Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or, if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
Effective date text (2) If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
769.304 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321.
769.305 769.305 Duties and powers of responding tribunal.
769.305(1)(1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when it was filed.
769.305 Note NOTE: Sub. (1) 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 (1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
769.305(2) (2) A responding tribunal of this state, to the extent otherwise authorized by law, may do any of the following:
769.305 Note NOTE: Sub. (2) (intro.) 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 (2) A responding tribunal of this state, to the extent not prohibited by other law, may do any of the following:
769.305(2)(a) (a) Issue or enforce a support order, modify a child support order or render a judgment to determine parentage.
769.305 Note NOTE: Par. (a) 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 (a) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child.
769.305(2)(b) (b) Order an obligor to comply with a support order specifying the amount and the manner of compliance.
769.305 Note NOTE: Par. (b) 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 (b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
769.305(2)(c) (c) Order income withholding.
769.305(2)(d) (d) Determine the amount of any arrearages and specify a method of payment.
769.305(2)(e) (e) Enforce orders by civil or criminal contempt or both.
769.305(2)(f) (f) Set aside property for satisfaction of the support order.
769.305(2)(g) (g) Place liens and order execution on the obligor's property.
769.305(2)(h) (h) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment and telephone number at the place of employment.
769.305 Note NOTE: Par. (h) 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 (h) Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment.
769.305(2)(i) (i) Issue an order under s. 818.02 (6) for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order for arrest in any local and state computer systems for criminal warrants.
769.305(2)(j) (j) Order the obligor to seek appropriate employment by specified methods.
769.305(2)(k) (k) Award reasonable attorney fees and other fees and costs.
769.305(2)(L) (L) Grant any other available remedy.
769.305(3) (3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
769.305(4) (4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
769.305(5) (5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
769.305(6) (6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
769.305 Note NOTE: Sub. (6) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.305 History History: 1993 a. 326; 1995 a. 225; 1997 a. 27; 2009 a. 321.
769.306 769.306 Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner, or if the petition was filed by a support enforcement agency, notify the support enforcement agency by any federally approved transmittal system, where and when the pleading was sent.
769.306 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 769.306Inappropriate tribunal. If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
769.306 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321.
769.307 769.307 Duties of support enforcement agency.
769.307(1) (1) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.
769.307(2) (2) A support enforcement agency that is providing services to the petitioner shall do all of the following as appropriate:
769.307(2)(a) (a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over the respondent.
769.307(2)(b) (b) Request an appropriate tribunal to set a date, time and place for a hearing.
769.307(2)(c) (c) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties.
769.307(2)(d) (d) Within 10 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of a written notice from an initiating, responding or registering tribunal, send a copy of the notice to the petitioner.
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2011-12 Wisconsin Statutes updated though 2013 Wis. Act 200 and all Supreme Court Orders entered before April 18, 2014. Published and certified under s. 35.18. Changes effective after April 18, 2014 are designated by NOTES. (Published 4-18-14)