Chapter 769

769.710(4)(d) (d) The record submitted under sub. (2) lacks authenticity or integrity.

769.710(5) (5) A proceeding for recognition and enforcement of a foreign support agreement shall be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

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

769.711 769.711 Modification of convention child support order.

769.711(1) (1) A tribunal of this state may not modify a convention child support order if the obligee remains a resident of the foreign country where the support order was issued, unless any of the following applies:

769.711(1)(a) (a) The obligee submits to the jurisdiction of a tribunal of this state, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity.

769.711(1)(b) (b) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

769.711(2) (2) If a tribunal of this state does not modify a convention child support order because the order is not recognized in this state, s. 769.708 (3) applies:

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

769.712 769.712 Personal information; limit on use. Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.

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

769.713 769.713 Record in original language; English translation. A record filed with a tribunal of this state under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.

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

subch. VIII of ch. 769 SUBCHAPTER VIII

INTERSTATE RENDITION

769.801 769.801 Grounds for rendition.

769.801(1) (1) For purposes of this subchapter, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

769.801(2) (2) The governor of this state may do any of the following:

769.801(2)(a) (a) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this state with having failed to provide for the support of an obligee.

769.801(2)(b) (b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee.

769.801(3) (3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.

769.801 History History: 1993 a. 326.

769.802 769.802 Conditions of rendition.

769.802(1) (1) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least 60 days previously the obligee had initiated proceedings for support under this chapter or that the proceeding would be of no avail.

769.802(2) (2) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

769.802(3) (3) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the demand if the individual is complying with the support order.

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

subch. IX of ch. 769 SUBCHAPTER IX

MISCELLANEOUS PROVISIONS

769.901 769.901 Uniformity of application and construction. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to the subject of this chapter among states enacting it.

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

769.903 769.903 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

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