reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.604 - Choice of law.

769.604
Choice of law.
(1)
Except as otherwise provided in sub. (4), the law of the issuing state or foreign country governs all of the following:
(a)
The nature, extent, amount, and duration of current payments under a registered support order.
(b)
The computation and payment of arrearages and accrual of interest on the arrearages under the support order.
(c)
The existence and satisfaction of other obligations under the support order.
(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.
(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.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.605 - Notice of registration of order.

769.605
Notice of registration of order.
(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.
(2)
The notice must inform the nonregistering party of all of the following:
(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.
(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.
(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.
(d)
The amount of any alleged arrearages.
(2m)
If the registering party asserts that 2 or more orders are in effect, the notice must also do all of the following:
(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.
(b)
Notify the nonregistering party of the right to a determination of which is the controlling order.
(c)
State that the procedures provided in sub. (2) apply to the determination of which is the controlling order.
(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.
(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).
History:  1993 a. 326; 1997 a. 27; 2005 a. 443 s. 265; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.606 - Procedure to contest validity or enforcement of registered support order.

769.606
Procedure to contest validity or enforcement of registered support order.
(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.
(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.
(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.
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. › 769.607 - Contest of registration or enforcement.

769.607
Contest of registration or enforcement.
(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:
(a)
That the issuing tribunal lacked personal jurisdiction over the contesting party.
(b)
That the order was obtained by fraud.
(c)
That the order has been vacated, suspended or modified by a later order.
(d)
That the issuing tribunal has stayed the order pending appeal.
(e)
That there is a defense under the law of this state to the remedy sought.
(f)
That full or partial payment has been made.
(g)
That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
(h)
That the alleged controlling order is not the controlling order.
(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.
(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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
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.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.608 - Confirmed order.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.609 - Procedure to register child support order of another state for modification.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.61 - Effect of registration for modification.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.611 - Modification of child support order of another state.

769.611
Modification of child support order of another state.
(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:
(a)
That all of the following requirements are met:
1.
Neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state.
2.
A petitioner who is a nonresident of this state seeks modification.
3.
The respondent is subject to the personal jurisdiction of the tribunal of this state.
(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.
(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.
(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.
(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.
(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.
(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.
History:  1993 a. 326; 1997 a. 27; 2009 a. 321; 2015 a. 82 ss. 9, 12.
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.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.612 - Recognition of order modified in another state.

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:
(1)
The tribunal may enforce its order that was modified only as to arrearages and interest accruing before the modification.
(3)
The tribunal may provide appropriate relief for violations of its order that occurred before the effective date of the modification.
(4)
The tribunal shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.613 - Jurisdiction to modify child support order of another state when individual parties reside in this state.

769.613
Jurisdiction to modify child support order of another state when individual parties reside in this state.
(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.
(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.
History:  1997 a. 27; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.614 - Notice to issuing tribunal of modification.

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.
History:  1997 a. 27 s. 5133; Stats. 1997 s. 769.614.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.615 - Jurisdiction to modify child support order of foreign country.

769.615
Jurisdiction to modify child support order of foreign country.
(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.
(2)
An order issued by a tribunal of this state modifying a foreign child support order under this section is the controlling order.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.616 - Procedure to register child support order of foreign country for modification.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.701 - Definitions.

769.701
Definitions.
In this subchapter:
(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.
(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.
(3)
“Convention support order" means a support order of a tribunal of a foreign country described in s. 769.101 (3c) (d).
(3m)
“Department" means the department of children and families.
(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.
(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.
(6)
(a)
“Foreign support agreement" means an agreement for support in a record to which all of the following apply:
1.
It is enforceable as a support order in the country of origin.
2.
It has been either of the following:
a.
Formally drawn up or registered as an authentic instrument by a foreign tribunal.
b.
Authenticated by, or concluded, registered, or filed with a foreign tribunal.
3.
It may be reviewed and modified by a foreign tribunal.
(b)
“Foreign support agreement" includes a maintenance arrangement or authentic instrument under the convention.
(7)
“United States central authority" means the secretary of the federal department of health and human services.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.702 - Applicability.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.703 - Relationship of governmental entity to United States central authority.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.704 - Initiation by department of support proceeding under convention.

769.704
Initiation by department of support proceeding under convention.
(1)
In a support proceeding under this subchapter, the department shall do all of the following:
(a)
Transmit and receive applications.
(b)
Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this state.
(2)
All of the following support proceedings are available to an obligee under the convention:
(a)
Recognition or recognition and enforcement of a foreign support order.
(b)
Enforcement of a support order issued or recognized in this state.
(c)
Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child.
(d)
Establishment of a support order if recognition of a foreign support order is refused under s. 769.708 (2) (b), (d), or (i).
(e)
Modification of a support order of a tribunal of this state.
(f)
Modification of a support order of a tribunal of another state or a foreign country.
(3)
All of the following support proceedings are available under the convention to an obligor against which there is an existing support order:
(a)
Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this state.
(b)
Modification of a support order of a tribunal of this state.
(c)
Modification of a support order of a tribunal of another state or a foreign country.
(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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.705 - Direct request.

769.705
Direct request.
(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.
(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.
(3)
In a direct request for recognition and enforcement of a convention support order or foreign support agreement all of the following apply:
(a)
A security, bond, or deposit is not required to guarantee the payment of costs and expenses.
(b)
An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this state under the same circumstances.
(4)
A petitioner filing a direct request is not entitled to assistance from the department.
(5)
This subchapter does not prevent the application of laws of this state that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.706 - Registration of convention support order.

769.706
Registration of convention support order.
(1)
Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this state as provided in subch. VI.
(2)
Notwithstanding s. 769.311 and 769.602 (1), a request for registration of a convention support order must be accompanied by all of the following:
(a)
A complete text of the support order or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law.
(b)
A record stating that the support order is enforceable in the issuing country.
(c)
If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(d)
A record showing the amount of arrears, if any, and the date the amount was calculated.
(e)
A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations.
(f)
If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(3)
A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(4)
A tribunal of this state may vacate the registration of a convention support order without the filing of a contest under s. 769.707 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(5)
The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a convention support order.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.707 - Contest of registered convention support order.

769.707
Contest of registered convention support order.
(1)
Except as otherwise provided in this subchapter, ss. 769.605 to 769.608 apply to a contest of a registered convention support order.
(2)
A party contesting a registered convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(3)
If the nonregistering party fails to contest the registered convention support order by the time specified in sub. (2), the order is enforceable.
(4)
A contest of a registered convention support order may be based only on grounds set forth in s. 769.708. The contesting party bears the burden of proof.
(5)
In a contest of a registered convention support order, all of the following apply to a tribunal of this state:
(a)
The tribunal is bound by the findings of fact on which the foreign tribunal based its jurisdiction.
(b)
The tribunal may not review the merits of the order.
(6)
A tribunal of this state deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(7)
A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
History:  2009 a. 321; 2011 a. 257 s. 55; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.708 - Recognition and enforcement of registered convention support order.

769.708
Recognition and enforcement of registered convention support order.
(1)
Except as otherwise provided in sub. (2), a tribunal of this state shall recognize and enforce a registered convention support order.
(2)
The following grounds are the only grounds on which a tribunal of this state may refuse recognition and enforcement of a registered convention support order:
(a)
Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard.
(b)
The issuing tribunal lacked personal jurisdiction consistent with s. 769.201.
(c)
The order in not enforceable in the issuing country.
(d)
The order was obtained by fraud in connection with a matter of procedure.
(e)
A record transmitted in accordance with s. 769.706 lacks authenticity or integrity.
(f)
A proceeding between the same parties and having the same purpose is pending before a tribunal of this state and that proceeding was the first to be filed.
(g)
The order is incompatible with a more recent support order involving the same parties and having the same purpose, if the more recent support order is entitled to recognition and enforcement under this chapter in this state.
(h)
Payment, to the extent alleged arrears have been paid in whole or in part.
(i)
In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country, if either of the following applies:
1.
If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard.
2.
If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal.
(j)
The order was made in violation of s. 769.711.
(3)
If a tribunal of this state does not recognize a convention support order under sub. (2) (b), (d), or (i), both of the following apply:
(a)
The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order.
(b)
The department shall take all appropriate measures to request a child support order for the obligee if the application for recognition and enforcement was received under s. 769.704.
History:  2009 a. 321; 2015 a. 82 ss. 10, 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.709 - Partial enforcement.

769.709
Partial enforcement.
If a tribunal of this state does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.710 - Foreign support agreement.

769.710
Foreign support agreement.
(1)
Except as otherwise provided in subs. (3) and (4), a tribunal of this state shall recognize and enforce a foreign support agreement registered in this state.
(2)
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by all of the following:
(a)
A complete text of the foreign support agreement.
(b)
A record stating that the foreign support agreement is enforceable as a decision in the issuing country.
(3)
A tribunal of this state may vacate the registration of the foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(4)
In a contest of a foreign support agreement, a tribunal of this state may refuse recognition and enforcement of the agreement if it finds any of the following:
(a)
Recognition and enforcement of the agreement is manifestly incompatible with public policy.
(b)
The agreement was obtained by fraud or falsification.
(c)
The agreement is incompatible with a support order involving the same parties and having the same purpose in this state, another state, or a foreign country, if the support order is entitled to recognition and enforcement under this chapter in this state.
(d)
The record submitted under sub. (2) lacks authenticity or integrity.
(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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.711 - Modification of convention child support order.

769.711
Modification of convention child support order.
(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:
(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.
(b)
The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(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:
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.712 - Personal information; limit on use.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.713 - Record in original language; English translation.

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.
History:  2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.801 - Grounds for rendition.

769.801
Grounds for rendition.
(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.
(2)
The governor of this state may do any of the following:
(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.
(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.
(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.
History:  1993 a. 326.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.802 - Conditions of rendition.

769.802
Conditions of rendition.
(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.
(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.
(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.
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. › 769.901 - Uniformity of application and construction.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 769 - Uniform interstate family support act. › 769.903 - Severability.

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.
History:  1993 a. 326; 2009 a. 321; 2015 a. 82 s. 12.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.01 - Definitions.

770.01
Definitions.
In this chapter:
(1)
“Domestic partner" means an individual who has signed and filed a declaration of domestic partnership in the office of the register of deeds of the county in which he or she resides.
(2)
“Domestic partnership" means the legal relationship that is formed between 2 individuals under this chapter.
History:  2009 a. 28.
Chapter 770 is constitutional based on the presumption of constitutionality, the plaintiffs' failure to meet the burden of proof, and the evidence reviewed from the drafting and ratification process. The plain language of the amendment prohibits only a status “identical or substantially similar to" marriage, and by implication it does not prohibit what is not identical or substantially similar thereto. There are important statutory distinctions in the way the state treats marriage and domestic partnerships and important differences in the lists of benefits and obligations that inhere in the two types of relationships. Appling v. Walker, 2014 WI 96, 358 Wis. 2d 132, 853 N.W.2d 888, 11-1572.
Understanding Domestic Partnerships in Wisconsin. Sweet. Wis. Law. Nov. 2009.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.05 - Criteria for forming a domestic partnership.

770.05
Criteria for forming a domestic partnership.
Subject to s. 770.07 (1) (a), 2 individuals may form a domestic partnership if they satisfy all of the following criteria:
(1)
Each individual is at least 18 years old and capable of consenting to the domestic partnership.
(2)
Neither individual is married to, or in a domestic partnership with, another individual.
(3)
The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:
(a)
Only one of the individuals has legal ownership of the residence.
(b)
One or both of the individuals have one or more additional residences not shared with the other individual.
(c)
One of the individuals leaves the common residence with the intent to return.
(4)
The 2 individuals are not nearer of kin to each other than 2nd cousins, whether of the whole or half blood or by adoption.
(5)
The individuals are members of the same sex.
History:  2009 a. 28; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.10 - Completion and filing of declaration.

770.10
Completion and filing of declaration.
In order to form the legal status of domestic partners, the individuals shall, within 30 days after the clerk issues a declaration of domestic partnership under s. 770.07 (2), complete the declaration of domestic partnership, sign the declaration, having their signatures acknowledged before a notary, and submit the declaration to the register of deeds of the county in which they reside. The register of deeds shall record the declaration and forward the original to the state registrar of vital records.
History:  2009 a. 28; 2015 a. 162; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.12 - Terminating a domestic partnership.

770.12
Terminating a domestic partnership.
(1)
(a)
A domestic partner may terminate the domestic partnership by filing a completed notice of termination of domestic partnership form with the county clerk who issued the declaration of domestic partnership and paying the fee under s. 770.17. The notice must be signed by one or both domestic partners and notarized.
(b)
If the notice under par. (a) is signed by only one of the domestic partners, that individual must also file with the county clerk an affidavit stating either of the following:
1.
That the other domestic partner has been served in writing, in the manner provided under s. 801.11, that a notice of termination of domestic partnership is being filed with the county clerk.
2.
That the domestic partner seeking termination has been unable to locate the other domestic partner after making reasonable efforts and that notice to the other domestic partner has been made by publication as provided in sub. (2).
(2)
If a domestic partner who is seeking to terminate the domestic partnership is unable to find the other domestic partner after making reasonable efforts, the domestic partner seeking termination may provide notice by publication in a newspaper of general circulation in the county in which the residence most recently shared by the domestic partners is located. The notice need not be published more than one time.
(3)
Upon receiving a completed, signed, and notarized notice of termination of domestic partnership, the affidavit under sub. (1) (b) if required, and the fee under s. 770.17, the county clerk shall issue to the domestic partner filing the notice of termination a certificate of termination of domestic partnership. The domestic partner shall submit the record of termination of domestic partnership to the register of deeds of the county in which the declaration of domestic partnership is recorded. The register of deeds shall record the record and forward the original to the state registrar of vital records.
(4)
(a)
Except as provided in par. (b), the termination of a domestic partnership is effective 90 days after the certificate of termination of domestic partnership is recorded under sub. (3).
(b)
If a party to a domestic partnership enters into a marriage that is recognized as valid in this state, the domestic partnership is automatically terminated on the date of the marriage.
History:  2009 a. 28; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.15 - Forms.

770.15
Forms.
(1)
The application and declaration of domestic partnership under s. 770.07 and the notice of termination of domestic partnership and certificate of termination of domestic partnership under s. 770.12 shall contain such information as the state registrar of vital statistics determines is necessary. The form for the declaration of domestic partnership shall require both individuals forming a domestic partnership to sign the form and attest to satisfying all of the criteria under s. 770.05 (1) to (5).
(2)
The state registrar of vital statistics shall prepare the forms under sub. (1) and distribute the forms in sufficient quantities to each county clerk.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.17 - Fees to county clerk.

770.17
Fees to county clerk.
Each county clerk shall receive as a fee for each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued the same amount that the clerk receives for issuing a marriage license under s. 765.15. Of the amount that the clerk receives under this section, the clerk shall pay into the state treasury the same amount that the clerk pays into the state treasury from the fee collected for issuing a marriage license. The remainder shall become a part of the funds of the county.
History:  2009 a. 28; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 770 - Domestic partnership. › 770.18 - Records.

770.18
Records.
(1)
The county clerk shall keep among the records in the office a suitable book called the declaration of domestic partnership docket and shall enter therein a complete record of the applications for and the issuing of all declarations of domestic partnership, and of all other matters which the clerk is required by this chapter to ascertain related to the rights of any person to obtain a declaration of domestic partnership. An application may be recorded by entering into the docket the completed application form, with any portion collected only for statistical purposes removed. The declaration of domestic partnership docket shall be open for public inspection or examination at all times during office hours.
(2)
A county clerk may provide the name of a declaration of domestic partnership applicant and, from the portion of the application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the declaration of domestic partnership applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. If a county clerk has not destroyed the portion of the declaration of domestic partnership application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the declaration of domestic partnership application form. If the county clerk destroys the declaration of domestic partnership application form, he or she shall also destroy the written request.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 775 - Actions against state. › 775.01 - Actions against state; bond.

775.01
Actions against state; bond.
Upon the refusal of the legislature to allow a claim against the state the claimant may commence an action against the state by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.
History:  Sup. Ct. Order, 67 Wis. 2d 585, 775 (1975); 1975 c. 218; 1979 c. 32 s. 53; Stats. 1979 s. 775.01.
The bond requirement of s. 775.01 may be waived under s. 814.29 (1). Boldt v. State, 101 Wis. 2d 566, 305 N.W.2d 133 (1981).
Legislative adjournment before action on a bill authorizing payment of a claim constitutes refusal of the claim and satisfies the condition precedent for commencing an action. Cross-claimants are also required to meet the statutory conditions precedent. This section allows actions on a debt but does not allow tort actions or actions based on equity, including actions for unjust enrichment. CleanSoils Wisconsin, Inc. v. DOT, 229 Wis. 2d 600, 599 N.W.2d 903 (Ct. App. 1999), 98-3374.
A claim subject to this section must be presented to the legislature, in the form of a bill, and rejected before suit may be filed on the claim. The procedure is not optional. Brown v. State, 230 Wis. 2d 355, 602 N.W.2d 79 (Ct. App. 1999), 98-2662.
A breach of contract claim seeking damages for lost profits and expenses incurred is not a claim within the meaning of this section. The relevant inquiry here is whether the breach of contract claim is an action of debt or indebitatus assumpsit. “Debt," for which an action of debt will lie, is a specific sum of money that is due or owing from one to another. Koshick v. State, 2005 WI App 232, 287 Wis. 2d 608, 706 N.W.2d 174, 05-0539.
2023 Wisconsin Statutes & Annotations › Chapter 775 - Actions against state. › 775.04 - Judgment, how paid.

775.04
Judgment, how paid.
No execution shall issue against the state on any judgment, but whenever a final judgment against the state shall have been obtained in any such action the clerk shall make and furnish to the department of administration a duly certified transcript of such judgment; and the department of administration shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid out of the state treasury.
History:  1979 c. 32 s. 53; Stats. 1979 s. 775.04.