Chapter 769

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.

subch. V of ch. 769 SUBCHAPTER V

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.

769.501 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 5, 12.

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.

769.502 History History: 1993 a. 326; 1997 a. 27; 2015 a. 82.

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.

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; 2015 a. 82 s. 12.

subch. VI of ch. 769 SUBCHAPTER VI

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 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; 2015 a. 82 s. 12.

769.602 769.602 Procedure to register order for enforcement.

769.602(1) (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 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 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(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 History History: 1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.

769.603 769.603 Effect of registration for enforcement.

769.603(1) (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.

769.603(2) (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.

769.603(3) (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; 2015 a. 82 s. 12.

769.604 769.604 Choice of law.

769.604(1) (1) Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs all of the following:

769.604(1)(a) (a) The nature, extent, amount, and duration of current payments under a registered support order.

769.604(1)(b) (b) The computation and payment of arrearages and accrual of interest on the arrearages under the support order.

769.604(1)(c) (c) The existence and satisfaction of other obligations under the support order.

769.604(2) (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.

769.604(3) (3) A responding tribunal of this state shall apply the procedures and remedies of this state to enforce current support and collect arrearages and interest due on a support order of another state or a foreign country that is registered in this state.

769.604(4) (4) After a tribunal of this state or another state determines which is the controlling order and issues an order consolidating arrearages, if any, a tribunal of this state shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrearages, on current and future support, and on consolidated arrearages.

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

769.605 769.605 Notice of registration of order.

769.605(1) (1) Whenever a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.

769.605(2) (2) The notice must inform the nonregistering party of all of the following:

769.605(2)(a) (a) That a registered support order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this state.

769.605(2)(b) (b) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after the date of mailing or personal service of the notice unless the registered order is under s. 769.707.

769.605(2)(c) (c) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages.

769.605(2)(d) (d) The amount of any alleged arrearages.

769.605(2m) (2m) If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:

769.605(2m)(a) (a) Identify the 2 or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrearages, if any.

769.605(2m)(b) (b) Notify the nonregistering party of the right to a determination of which is the controlling order.

769.605(2m)(c) (c) State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.

769.605(2m)(d) (d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.

769.605(3) (3) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor’s employer under s. 767.75 (2r).

769.605 History History: 1993 a. 326; 1997 a. 27; 2005 a. 443 s. 265; 2009 a. 321; 2015 a. 82 s. 12.

769.606 769.606 Procedure to contest validity or enforcement of registered support order.