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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 769.505Penalties 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:
Effective date text (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 or agency designated to receive payments in the income-withholding order.
769.506(2)(d) (d) If no person or agency 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.
769.507 769.507 Administrative enforcement of orders.
769.507(1) (1) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this state.
769.507 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) 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.
769.507(2) (2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order as provided in this chapter.
769.507 History History: 1997 a. 27; 2009 a. 321.
subch. VI of ch. 769 SUBCHAPTER VI
ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER AFTER REGISTRATION
Subch. VI of ch. 769 Note NOTE: Subch. VI (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. VI of ch. 769 Note REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER
769.601 769.601 Registration of order for enforcement. A support order or an income-withholding order issued by a tribunal of another state may be registered in this state for enforcement.
769.601 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 769.601Registration of order for enforcement. A support order or an income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.
769.601 History History: 1993 a. 326; 2009 a. 321.
769.602 769.602 Procedure to register order for enforcement.
769.602(1)(1) A support order or income-withholding order of another state may be registered in this state by sending all of the following documents and information to the appropriate tribunal in this state:
769.602 Note NOTE: Sub. (1) (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 (1) Except as provided in s. 769.706, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending all of the following records to the appropriate tribunal in this state:
769.602(1)(a) (a) A letter of transmittal to the tribunal requesting registration and enforcement.
769.602(1)(b) (b) Two copies, including one certified copy, of all orders to be registered, including any modification of an order.
769.602(1)(c) (c) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage.
769.602 Note NOTE: Par. (c) 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 (c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage.
769.602(1)(d) (d) The name of the obligor and any of the following that are known:
769.602(1)(d)1. 1. The obligor's address and social security number.
769.602(1)(d)2. 2. The name and address of the obligor's employer and any other source of income of the obligor.
769.602(1)(d)3. 3. A description and the location of property of the obligor in this state not exempt from execution.
769.602(1)(e) (e) Except as provided in s. 769.312, the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
769.602(2) (2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
769.602 Note NOTE: Sub. (2) 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) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of another state or a foreign country, together with one copy of the documents and information, regardless of their form.
769.602(3) (3) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this state may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
769.602(4) (4) If 2 or more orders are in effect, the person requesting registration must do all of the following:
769.602(4)(a) (a) Furnish to the tribunal a copy of every support order that is asserted to be in effect in addition to the documents specified in this section.
769.602(4)(b) (b) Specify the order that is alleged to be the controlling order, if any.
769.602(4)(c) (c) Specify the amount of the consolidated arrears, if any.
769.602 Note NOTE: Sub. (4) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.602(5) (5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.
769.602 Note NOTE: Sub. (5) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.
769.602 History History: 1993 a. 326; 2009 a. 321.
769.603 769.603 Effect of registration for enforcement.
769.603(1) (1) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of this state.
769.603(2) (2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
769.603(3) (3) Except as otherwise provided in this subchapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
769.603 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 769.603Effect of registration for enforcement. (1) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state.
Effective date text (2) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
Effective date text (3) Except as otherwise provided in this chapter, a tribunal of this state shall recognize and enforce, but may not modify, a registered support order if the issuing tribunal had jurisdiction.
769.603 History History: 1993 a. 326; 2009 a. 321.
769.604 769.604 Choice of law.
769.604(1)(1) The law of the issuing state governs the nature, extent, amount and duration of current payments and other obligations of support and the payment of arrearages under the order.
769.604(2) (2) In a proceeding for arrearages, the statute of limitations under the laws of this state or of the issuing state, whichever is longer, applies.
769.604 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 769.604Choice of law. (1) Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs all of the following:
Effective date text (a) The nature, extent, amount, and duration of current payments under a registered support order.
Effective date text (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
Effective date text (c) The existence and satisfaction of other obligations under the support order.
Effective date text (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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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)