Chapter 769

769.102 769.102 State tribunal and support enforcement agency.

769.102(1) (1) The courts and circuit and supplemental court commissioners are the tribunal of this state.

769.102(2) (2) The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.

769.102 History History: 1993 a. 326; 2001 a. 61; 2009 a. 321; 2015 a. 82 s. 12.

769.103 769.103 Remedies cumulative.

769.103(1) (1) Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

769.103(2) (2) This chapter does not do any of the following:

769.103(2)(a) (a) Provide the exclusive method of establishing or enforcing a support order under the law of this state.

769.103(2)(b) (b) Grant a tribunal of this state jurisdiction to render judgment or issue an order relating to legal custody or physical placement of a child in a proceeding under this chapter.

769.103 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 ss. 3, 12.

769.105 769.105 Application of chapter to resident of foreign country and foreign support proceeding.

769.105(1) (1) A tribunal of this state shall apply subchs. I to VI and, as applicable, subch. VII, to a support proceeding that involves any of the following:

769.105(1)(a) (a) A foreign support order.

769.105(1)(b) (b) A foreign tribunal.

769.105(1)(c) (c) An obligee, obligor, or child residing in a foreign country.

769.105(2) (2) A tribunal of this state that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of subchs. I to VI.

769.105(3) (3) Subchapter VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of subch. VII is inconsistent with subchs. I to VI, subch. VII controls.

769.105 History History: 2009 a. 321; 2015 a. 82 s. 12.

subch. II of ch. 769 SUBCHAPTER II

JURISDICTION

769.201 769.201 Bases for jurisdiction over nonresident.

769.201(1m) (1m) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual, or the individual’s guardian or conservator, if any of the following applies:

769.201(1m)(a) (a) The individual is personally served with a summons or other notice within this state.

769.201(1m)(b) (b) The individual submits to the jurisdiction of this state by consent, by entering a general appearance or by filing a responsive document having the effect of waiving any contest to personal jurisdiction.

769.201(1m)(c) (c) The individual resided with the child in this state.

769.201(1m)(d) (d) The individual resided in this state and provided prenatal expenses or support for the child.

769.201(1m)(e) (e) The child resides in this state as a result of the acts or directives of the individual.

769.201(1m)(f) (f) The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.

769.201(1m)(g) (g) The individual asserted parentage of a child in a declaration of paternal interest filed with the department of children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

769.201(1m)(gm) (gm) The individual was conclusively determined from genetic test results to be the father under s. 767.804.

769.201(1m)(h) (h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.

769.201(2m) (2m) The bases of personal jurisdiction set forth in sub. (1m) or in any other law of this state may not be used to acquire personal jurisdiction for a tribunal of this state to modify a child support order of another state unless the requirements of s. 769.611 are met or, in the case of a foreign support order, unless the requirements of s. 769.615 are met.

769.201 History History: 1993 a. 326; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 321; 2015 a. 82 s. 12; 2019 a. 95.

769.201 Annotation When conception allegedly occurred in Florida and the non-resident alleged father visited Wisconsin only once following the birth, for an unspecified purpose, the child’s residence in the state was an insufficient contact to subject the alleged father to the court’s jurisdiction. State ex rel. N.R.Z. v. G.L.C., 152 Wis. 2d 97, 447 N.W.2d 533 (1989).

769.201 Annotation The predecessor of sub. (1m) (f), former s. 767.01 (2) (b), 1989 stats., did not violate the due process clause. Paternity of C.A.K., 159 Wis. 2d 224, 464 N.W.2d 59 (Ct. App. 1990).

769.202 769.202 Duration of personal jurisdiction. Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by ss. 769.205, 769.206, and 769.211.

769.202 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.203 769.203 Initiating and responding tribunal of this state. Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.

769.203 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.204 769.204 Simultaneous proceedings.

769.204(1) (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state or a foreign country only if all of the following apply:

769.204(1)(a) (a) The petition or comparable pleading in this state is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country.

769.204(1)(b) (b) The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.

769.204(1)(c) (c) If relevant, this state is the home state of the child.

769.204(2) (2) A tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if all of the following apply:

769.204(2)(a) (a) The petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this state for filing a responsive pleading challenging the exercise of jurisdiction by this state.

769.204(2)(b) (b) The contesting party timely challenges the exercise of jurisdiction in this state.

769.204(2)(c) (c) If relevant, the other state or foreign country is the home state of the child.

769.204 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.205 769.205 Continuing, exclusive jurisdiction to modify child support order.

769.205(1) (1) A tribunal of this state that has issued a child support order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child support order if the order is the controlling order and any of the following applies:

769.205(1)(a) (a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.

769.205(1)(b) (b) Even if this state is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this state may continue to exercise jurisdiction to modify its order.

769.205(2) (2) A tribunal of this state that has issued a child support order consistent with the law of this state may not exercise continuing, exclusive jurisdiction to modify the order if any of the following applies:

769.205(2)(a) (a) All of the parties who are individuals file consent in a record with the tribunal of this state that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction.

769.205(2)(b) (b) Its order is not the controlling order.

769.205(3) (3) If a tribunal of another state has issued a child support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act that modifies a child support order of a tribunal of this state, tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.

769.205(4) (4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.

769.205(5) (5) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.

769.205 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.206 769.206 Continuing jurisdiction to enforce child support order.

769.206(1) (1) A tribunal of this state that has issued a child support order consistent with the law of this state may serve as an initiating tribunal to request a tribunal of another state to enforce any of the following:

769.206(1)(a) (a) The order, if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act.

769.206(1)(b) (b) A money judgment for arrears of support and interest on the order that accrued before a determination that an order of a tribunal of another state is the controlling order.

769.206(2) (2) A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.

769.206 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.207 769.207 Determination of controlling child support order.

769.207(1c) (1c) If a proceeding is brought under this chapter and only one tribunal has issued a child support order, the child support order of that tribunal is controlling and must be recognized.

769.207(1m) (1m) If a proceeding is brought under this chapter, and 2 or more child support orders have been issued by tribunals of this state, another state, or a foreign country with regard to the same obligor and child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply the following rules and by order shall determine which child support order controls and must be recognized:

769.207(1m)(a) (a) If only one of the tribunals would have continuing, exclusive jurisdiction under this chapter, the child support order of that tribunal controls.

769.207(1m)(b) (b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, a child support order issued by a tribunal in the current home state of the child controls, or, if a child support order has not been issued in the current home state of the child, the child support order most recently issued controls.

769.207(1m)(c) (c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state shall issue a child support order, which controls.

769.207(1r) (1r) If 2 or more child support orders have been issued for the same obligor and same child, upon the request of a party who is an individual or that is a support enforcement agency, a tribunal of this state having personal jurisdiction over both the obligor and the obligee who is an individual shall determine which child support order controls under sub. (1m). The request may be filed with a registration for enforcement or registration for modification under subch. VI, or may be filed as a separate proceeding.

769.207(1t) (1t) A request to determine which is the controlling child support order must be accompanied by a copy of every child support order issued for the obligor and child that is in effect and the applicable record of payments. The requesting party shall give each party whose rights may be affected by a determination of which child support order controls notice of the request for that determination.

769.207(2) (2) The tribunal that issued the order that is controlling under sub. (1c), (1m), or (1r) has continuing jurisdiction to the extent provided in s. 769.205 or 769.206.

769.207(3) (3) A tribunal of this state that determines by order which child support order is controlling under sub. (1m) (a) or (b) or (1r), or that issues a new child support order that is controlling under sub. (1m) (c), shall state in that order all of the following:

769.207(3)(a) (a) The basis upon which the tribunal made its determination.

769.207(3)(b) (b) The amount of prospective support, if any.

769.207(3)(c) (c) The total amount of consolidated arrears and accrued interest, if any, under all of the orders after all payments made are credited as provided by s. 769.209.

769.207(4) (4) Within 30 days after the issuance of an order determining which child support order is controlling, the party that obtained the order shall file a certified copy of the order with each tribunal that had issued or registered an earlier child support order. Failure of the party obtaining the order to file a certified copy of the order as required by this subsection subjects the party to appropriate sanctions by a tribunal in which the issue of failure to file arises, but that failure has no effect on the validity or enforceability of the controlling child support order.

769.207(5) (5) An order that has been determined to be the controlling child support order, or a judgment for consolidated arrears of support and interest, if any, made under this section, must be recognized in proceedings under this chapter.

769.207 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.

769.208 769.208 Child support orders for 2 or more obligees. In responding to registrations or petitions for enforcement of 2 or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.

769.208 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.209 769.209 Credit 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; 2015 a. 82 s. 12.

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 History History: 2009 a. 321; 2015 a. 82 s. 12.

769.211 769.211 Continuing, exclusive jurisdiction to modify spousal support order.