reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.07 - Penalty.

768.07
Penalty.
Any person who violates any provision of this chapter may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1979 c. 32 s. 51; Stats. 1979 s. 768.07; 1997 a. 283; 2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.102 - State tribunal and support enforcement agency.

769.102
State tribunal and support enforcement agency.
(1)
The courts and circuit and supplemental court commissioners are the tribunal of this state.
(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.
History:  1993 a. 326; 2001 a. 61; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.103 - Remedies cumulative.

769.103
Remedies cumulative.
(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.
(2)
This chapter does not do any of the following:
(a)
Provide the exclusive method of establishing or enforcing a support order under the law of this state.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 ss. 3, 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.105 - Application of chapter to resident of foreign country and foreign support proceeding.

769.105
Application of chapter to resident of foreign country and foreign support proceeding.
(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:
(a)
A foreign support order.
(b)
A foreign tribunal.
(c)
An obligee, obligor, or child residing in a foreign country.
(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.
(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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.201 - Bases for jurisdiction over nonresident.

769.201
Bases for jurisdiction over nonresident.
(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:
(a)
The individual is personally served with a summons or other notice within this state.
(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.
(c)
The individual resided with the child in this state.
(d)
The individual resided in this state and provided prenatal expenses or support for the child.
(e)
The child resides in this state as a result of the acts or directives of the individual.
(f)
The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
(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.
(gm)
The individual was conclusively determined from genetic test results to be the father under s. 767.804.
(h)
There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(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.
History:  1993 a. 326; 1995 a. 27 s. 9126 (19); 2007 a. 20; 2009 a. 321; 2015 a. 82 s. 12; 2019 a. 95.
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).
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).
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.202 - Duration of personal jurisdiction.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.203 - Initiating and responding tribunal of this state.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.204 - Simultaneous proceedings.

769.204
Simultaneous proceedings.
(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:
(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.
(b)
The contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country.
(c)
If relevant, this state is the home state of the child.
(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:
(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.
(b)
The contesting party timely challenges the exercise of jurisdiction in this state.
(c)
If relevant, the other state or foreign country is the home state of the child.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.205 - Continuing, exclusive jurisdiction to modify child support order.

769.205
Continuing, exclusive jurisdiction to modify child support order.
(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:
(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.
(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.
(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:
(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.
(b)
Its order is not the controlling order.
(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.
(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.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.206 - Continuing jurisdiction to enforce child support order.

769.206
Continuing jurisdiction to enforce child support order.
(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:
(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.
(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.
(2)
A tribunal of this state having continuing jurisdiction over a support order may act as a responding tribunal to enforce the order.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.208 - Child support orders for 2 or more obligees.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.209 - Credit for payments.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.210 - Application of act to nonresident subject to personal jurisdiction.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.211 - Continuing, exclusive jurisdiction to modify spousal support order.

769.211
Continuing, exclusive jurisdiction to modify spousal support order.
(1)
A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.
(2)
A tribunal of this state may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(3)
A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support order may serve as any of the following:
(a)
An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this state.
(b)
A responding tribunal to enforce or modify its own spousal support order.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.301 - Proceedings under this chapter.

769.301
Proceedings under this chapter.
(1)
Except as otherwise provided in this chapter, this subchapter applies to all proceedings under this chapter.
(3)
An individual petitioner or a support enforcement agency may commence a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country that has or can obtain personal jurisdiction over the respondent.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.302 - Action by minor parent.

769.302
Action by minor parent.
A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
History:  1993 a. 326; 2001 a. 61; 2005 a. 443 s. 265; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.303 - Application of law of this state.

769.303
Application of law of this state.
Except as otherwise provided by this chapter, a responding tribunal of this state shall do all of the following:
(1)
Apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proceedings.
(2)
Determine the duty of support and the amount payable in accordance with the law and support guidelines of this state.
History:  1993 a. 326.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.304 - Duties of initiating tribunal.

769.304
Duties of initiating tribunal.
(1)
Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency in the responding state, or, if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
(2)
If requested by the responding tribunal, a tribunal of this state shall issue a certificate or other documents and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this state shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.305 - Duties and powers of responding tribunal.

769.305
Duties and powers of responding tribunal.
(1)
Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301 (3), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(2)
A responding tribunal of this state, to the extent not prohibited by other law, may do any of the following:
(a)
Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child.
(b)
Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
(c)
Order income withholding.
(d)
Determine the amount of any arrearages and specify a method of payment.
(e)
Enforce orders by civil or criminal contempt or both.
(f)
Set aside property for satisfaction of the support order.
(g)
Place liens and order execution on the obligor's property.
(h)
Order an obligor to keep the tribunal informed of the obligor's current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment.
(i)
Issue an order under s. 818.02 (6) for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order for arrest in any local and state computer systems for criminal warrants.
(j)
Order the obligor to seek appropriate employment by specified methods.
(k)
Award reasonable attorney fees and other fees and costs.
(L)
Grant any other available remedy.
(3)
A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(4)
A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(5)
If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(6)
If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
History:  1993 a. 326; 1995 a. 225; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.306 - Inappropriate tribunal.

769.306
Inappropriate tribunal.
If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state and notify the petitioner where and when the pleading was sent.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.307 - Duties of support enforcement agency.

769.307
Duties of support enforcement agency.
(1)
A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this chapter.
(2)
A support enforcement agency of this state that is providing services to the petitioner shall do all of the following as applicable:
(a)
Take all steps necessary to enable an appropriate tribunal of this state, another state, or a foreign country to obtain jurisdiction over the respondent.
(b)
Request an appropriate tribunal to set a date, time and place for a hearing.
(c)
Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties.
(d)
Within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of notice in a record from an initiating, responding, or registering tribunal, send a copy of the notice to the petitioner.
(e)
Within 2 days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of communication in a record from the respondent or the respondent's attorney, send a copy of the communication to the petitioner.
(f)
Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3m)
A support enforcement agency of this state that requests registration of a child support order in this state for enforcement or for modification shall make reasonable efforts to do either of the following:
(a)
Ensure that the order to be registered is the controlling order.
(b)
If 2 or more child support orders exist and the identity of the controlling order has not been determined, ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4)
A support enforcement agency of this state that requests registration and enforcement of a support order, arrears, or judgment stated in a foreign currency shall convert the amounts stated in the foreign currency into the equivalent amounts in dollars under the applicable official or market exchange rate as publicly reported.
(5)
A support enforcement agency of this state shall issue or request a tribunal of this state to issue a child support order and an income-withholding order that redirect payment of current support, arrears, and interest if requested to do so by a support enforcement agency of another state under s. 769.319.
(6)
This chapter does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 4, 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.308 - Duty of attorney general.

769.308
Duty of attorney general.
(1)
If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual.
(2)
The attorney general may determine that a foreign country has established a reciprocal arrangement for child support with this state and take appropriate action for notification of the determination.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.31 - Duties of state information agency.

769.31
Duties of state information agency.
(1)
The department of children and families is the state information agency under this chapter.
(2)
The state information agency shall do all of the following:
(a)
Compile and maintain a current list, including addresses, of the tribunals in this state that have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state.
(b)
Maintain a register of names and addresses of tribunals and support enforcement agencies received from other states.
(c)
Forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country.
(d)
Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses and social security.
History:  1993 a. 326; 1995 a. 27 s. 9126 (19); 1995 a. 404; 1997 a. 3; 2007 a. 20; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.311 - Pleadings and accompanying documents.

769.311
Pleadings and accompanying documents.
(1)
In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under s. 769.312, the petition or accompanying documents must provide, so far as known, the names, residential addresses, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(2)
The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.312 - Nondisclosure of information in exceptional circumstances.

769.312
Nondisclosure of information in exceptional circumstances.
If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by the disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.313 - Costs and fees.

769.313
Costs and fees.
(1)
The petitioner may not be required to pay a filing fee or other costs.
(2)
If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or responding state or foreign country, except as provided by other law. Attorney fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses.
(3)
The tribunal shall order the payment of costs and reasonable attorney fees if it determines that a hearing was requested primarily for delay. In a proceeding under subch. VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.314 - Limited immunity of petitioner.

769.314
Limited immunity of petitioner.
(1)
Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(2)
A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this chapter.
(3)
The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.316 - Special rules of evidence and procedure.

769.316
Special rules of evidence and procedure.
(1)
The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.
(2)
An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, that would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this state.
(3)
A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made.
(4)
Copies of bills for testing for parentage of a child, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary, and customary.
(5)
Documentary evidence transmitted from outside this state to a tribunal of this state by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
(6)
In a proceeding under this chapter, a tribunal of this state shall permit a party or witness residing outside this state to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
(7)
If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.
(8)
A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.
(9)
The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.
(10)
A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.
History:  1993 a. 326; 1995 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.317 - Communications between tribunals.

769.317
Communications between tribunals.
A tribunal of this state may communicate with a tribunal outside this state in a record or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state may furnish similar information by similar means to a tribunal outside this state.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.318 - Assistance with discovery.

769.318
Assistance with discovery.
A tribunal of this state may do all of the following:
(1)
Request a tribunal outside this state to assist in obtaining discovery.
(2)
Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.319 - Receipt and disbursement of payments.

769.319
Receipt and disbursement of payments.
(1)
A support enforcement agency, its designee, or a tribunal of this state shall disburse promptly any amounts received under a support order, as directed by the order. The agency, its designee, or the tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(2)
If neither the obligor, nor the obligee who is an individual, nor the child resides in this state, upon request from the support enforcement agency of this state or another state, the support enforcement agency of this state or a tribunal of this state shall do all of the following:
(a)
Direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services.
(b)
Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(3)
The support enforcement agency of this state receiving redirected payments from another state under a law similar to sub. (2) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.401 - Petition to establish support order.

769.401
Petition to establish support order.
(1)
If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if any of the following applies:
(a)
The individual seeking the order resides outside this state.
(b)
The support enforcement agency seeking the order is located outside this state.
(2)
The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:
(a)
A presumed father of the child.
(b)
An individual who is petitioning to have his paternity adjudicated.
(c)
An individual who has been identified as the father of the child through genetic testing.
(d)
An alleged father of the child who has declined to submit to genetic testing.
(e)
An individual who has been shown by clear and convincing evidence to be the father of the child.
(f)
An individual who has acknowledged paternity of the child under s. 767.805.
(g)
The mother of the child.
(h)
An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(3)
Upon finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under s. 769.305.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.402 - Proceeding to determine parentage.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.501 - Employer's receipt of income-withholding order of another state.

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.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 5, 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.502 - Employer's compliance with income-withholding order of another state.

769.502
Employer's compliance with income-withholding order of another state.
(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.
(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.
(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:
(a)
The duration and amount of periodic payments of current child support, stated as a sum certain.
(b)
The person designated to receive payments and the address to which the payments are to be forwarded.
(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.
(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.
(e)
The amount of periodic payments of arrears and interest on arrears, stated as a sum certain.
(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:
(a)
The employer's fee for processing an income-withholding order.
(b)
The maximum amount permitted to be withheld from the obligor's income.
(c)
The time periods within which the employer must implement the income-withholding order and forward the child support payment.
History:  1993 a. 326; 1997 a. 27; 2015 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.503 - Compliance with multiple income-withholding orders.

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.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.504 - Immunity from civil liability.

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.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.505 - Penalties for noncompliance.

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.
History:  1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.506 - Contest by obligor.

769.506
Contest by obligor.
(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.
(2)
The obligor shall give notice of the contest to all of the following:
(a)
A support enforcement agency providing services to the obligee.
(b)
Each employer that has directly received an income-withholding order.
(c)
Except as provided in par. (d), the person designated to receive payments in the income-withholding order.
(d)
If no person is designated to receive payments in the income-withholding order, the obligee.
History:  1997 a. 27 ss. 5118 to 5120, 5125, 5126; 2009 a. 321; 2015 a. 82 ss. 7, 8, 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.507 - Administrative enforcement of orders.

769.507
Administrative enforcement of orders.
(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.
(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.
History:  1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.601 - Registration of order for enforcement.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.602 - Procedure to register order for enforcement.

769.602
Procedure to register order for enforcement.
(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:
(a)
A letter of transmittal to the tribunal requesting registration and enforcement.
(b)
Two copies, including one certified copy, of all orders to be registered, including any modification of an order.
(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.
(d)
The name of the obligor and any of the following that are known:
1.
The obligor's address and social security number.
2.
The name and address of the obligor's employer and any other source of income of the obligor.
3.
A description and the location of property of the obligor in this state not exempt from execution.
(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.
(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.
(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.
(4)
If 2 or more orders are in effect, the person requesting registration must do all of the following:
(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.
(b)
Specify the order that is alleged to be the controlling order, if any.
(c)
Specify the amount of the consolidated arrears, if any.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.603 - Effect of registration for enforcement.

769.603
Effect of registration for enforcement.
(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.
(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.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.