Chapter 769

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.

769.606(1) (1) A nonregistering party seeking to contest the validity or enforcement of a registered support order in this state shall request a hearing within the time required by s. 769.605. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages as provided in s. 769.607.

769.606(2) (2) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

769.606(3) (3) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered support order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.

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

769.607 769.607 Contest of registration or enforcement.

769.607(1) (1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:

769.607(1)(a) (a) That the issuing tribunal lacked personal jurisdiction over the contesting party.

769.607(1)(b) (b) That the order was obtained by fraud.

769.607(1)(c) (c) That the order has been vacated, suspended or modified by a later order.

769.607(1)(d) (d) That the issuing tribunal has stayed the order pending appeal.

769.607(1)(e) (e) That there is a defense under the law of this state to the remedy sought.

769.607(1)(f) (f) That full or partial payment has been made.

769.607(1)(g) (g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.

769.607(1)(h) (h) That the alleged controlling order is not the controlling order.

769.607(2) (2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.

769.607(3) (3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.

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

769.607 Annotation Section 804.12, which allows the court to dismiss an action as a sanction for discovery violations, applies to actions involving a contest of registration or enforcement of child support orders under this section. Granting a motion for dismissal, however, without addressing whether the violations were egregious constituted an erroneous exercise of discretion. Halko v. Halko, 2005 WI App 99, 281 Wis. 2d 825, 698 N.W.2d 832, 04-1228.

769.608 769.608 Confirmed order. Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

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

769.609 769.609 Procedure to register child support order of another state for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner as provided in ss. 769.601 to 769.608 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.

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

769.61 769.61 Effect of registration for modification. A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered support order may be modified only if the requirements of s. 769.611 or 769.613 have been met.

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

769.611 769.611 Modification of child support order of another state.

769.611(1) (1) After a child support order issued in another state has been registered in this state, unless s. 769.613 applies a tribunal of this state may, upon petition, modify that child support order if, after notice and hearing, it finds one of the following: