Chapter 769

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:

769.611(1)(a) (a) That all of the following requirements are met:

769.611(1)(a)1. 1. Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.

769.611(1)(a)2. 2. A petitioner who is a nonresident of this state seeks modification.

769.611(1)(a)3. 3. The respondent is subject to the personal jurisdiction of the tribunal of this state.

769.611(1)(b) (b) That this state is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this state, and that all of the parties who are individuals have filed consents in a record in the issuing tribunal providing that a tribunal of this state may modify the child support order and assume continuing, exclusive jurisdiction.

769.611(2) (2) Modification of a registered child support order is subject to the same requirements, procedures and defenses as apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

769.611(3) (3) A tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If 2 or more tribunals have issued child support orders for the same obligor and same child, the child support order that is controlling and must be recognized under s. 769.207 establishes the nonmodifiable aspects of the support order.

769.611(3m) (3m) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes the imposition of a further obligation of support by a tribunal of this state.

769.611(4) (4) Upon issuance of an order modifying a child support order issued in another state, a tribunal of this state becomes the tribunal of continuing, exclusive jurisdiction.

769.611(5) (5) Notwithstanding subs. (1) to (4) and s. 769.201 (2m), a tribunal of this state retains jurisdiction to modify an order issued by a tribunal of this state if one party resides in another state and the other party resides outside the United States.

769.611 History History: 1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 9, 12.

769.611 Annotation Unless the specific conditions listed in this section are satisfied, the court may not modify a child support order even though the court has subject matter jurisdiction. Cepukenas v. Cepukenas, 221 Wis. 2d 166, 584 N.W.2d 227 (Ct. App. 1998), 97-1815.

769.612 769.612 Recognition of order modified in another state. If a child support order issued by a tribunal of this state is modified by a tribunal of another state that assumed jurisdiction under the Uniform Interstate Family Support Act, all of the following apply to a tribunal of this state:

769.612(1) (1) The tribunal may enforce its order that was modified only as to arrearages and interest accruing before the modification.

769.612(3) (3) The tribunal may provide appropriate relief for violations of its order that occurred before the effective date of the modification.

769.612(4) (4) The tribunal shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.

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

769.613 769.613 Jurisdiction to modify child support order of another state when individual parties reside in this state.

769.613(1) (1) If all of the parties who are individuals reside in this state and the child does not reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state’s child support order in a proceeding to register that order.

769.613(2) (2) A tribunal of this state exercising jurisdiction as provided in sub. (1) shall apply the provisions of this subchapter and subchs. I and II and the procedural and substantive law of this state to the enforcement or modification proceeding. Subchapters III to V, VII, and VIII do not apply.

769.613 History History: 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.

769.614 769.614 Notice to issuing tribunal of modification. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the modified child support order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier child support order, and in each tribunal in which the party knows that the earlier child support order has been registered. Failure of the party obtaining the modified child support order to file a certified copy as required by this section 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 modified child support order of the new tribunal of continuing, exclusive jurisdiction.

769.614 History History: 1997 a. 27 s. 5133; Stats. 1997 s. 769.614.

769.615 769.615 Jurisdiction to modify child support order of foreign country.

769.615(1) (1) Except as provided in s. 769.711, if a foreign country lacks or refuses to exercise jurisdiction to modify its child support order under its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals who are subject to the personal jurisdiction of the tribunal whether the consent to modification of a child support order otherwise required of the individual under s. 769.611 has been given or whether the individual seeking modification is a resident of this state or of the foreign country.

769.615(2) (2) An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.

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

769.616 769.616 Procedure to register child support order of foreign country for modification. A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child support order not under the convention may register that order in this state under 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 at another time. The petition must specify the grounds for modification.

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

subch. VII of ch. 769 SUBCHAPTER VII

SUPPORT PROCEEDING UNDER CONVENTION

769.701 769.701 Definitions. In this subchapter:

769.701(1) (1) “Application” means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.

769.701(2) (2) “Central authority” means the entity designated by the United States or a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.

769.701(3) (3) “Convention support order” means a support order of a tribunal of a foreign country described in s. 769.101 (3c) (d).

769.701(3m) (3m) “Department” means the department of children and families.

769.701(4) (4) “Direct request” means a petition filed by an individual in a tribunal of this state in a proceeding involving an obligee, obligor, or child residing outside the United States.

769.701(5) (5) “Foreign central authority” means the entity designated by a foreign country described in s. 769.101 (3c) (d) to perform the functions specified in the convention.

769.701(6) (6) 

769.701(6)(a) (a) “Foreign support agreement” means an agreement for support in a record to which all of the following apply:

769.701(6)(a)1. 1. It is enforceable as a support order in the country of origin.

769.701(6)(a)2. 2. It has been either of the following:

769.701(6)(a)2.a. a. Formally drawn up or registered as an authentic instrument by a foreign tribunal.

769.701(6)(a)2.b. b. Authenticated by, or concluded, registered, or filed with a foreign tribunal.

769.701(6)(a)3. 3. It may be reviewed and modified by a foreign tribunal.

769.701(6)(b) (b) “Foreign support agreement” includes a maintenance arrangement or authentic instrument under the convention.

769.701(7) (7) “United States central authority” means the secretary of the federal department of health and human services.

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

769.702 769.702 Applicability. This subchapter applies only to a support proceeding under the convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchs. I to VI, this subchapter controls.

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

769.703 769.703 Relationship of governmental entity to United States central authority. The department is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

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

769.704 769.704 Initiation by department of support proceeding under convention.

769.704(1) (1) In a support proceeding under this subchapter, the department shall do all of the following:

769.704(1)(a) (a) Transmit and receive applications.

769.704(1)(b) (b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.

769.704(2) (2) All of the following support proceedings are available to an obligee under the convention:

769.704(2)(a) (a) Recognition or recognition and enforcement of a foreign support order.

769.704(2)(b) (b) Enforcement of a support order issued or recognized in this state.

769.704(2)(c) (c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.

769.704(2)(d) (d) Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).

769.704(2)(e) (e) Modification of a support order of a tribunal of this state.

769.704(2)(f) (f) Modification of a support order of a tribunal of another state or a foreign country.

769.704(3) (3) All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:

769.704(3)(a) (a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.

769.704(3)(b) (b) Modification of a support order of a tribunal of this state.

769.704(3)(c) (c) Modification of a support order of a tribunal of another state or a foreign country.

769.704(4) (4) A tribunal of this state may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.

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

769.705 769.705 Direct request.

769.705(1) (1) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this state applies.

769.705(2) (2) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, ss. 769.706 to 769.713 apply.