2010 Wisconsin Code
Chapter 769. Uniform interstate family support act.
769.607 Contest of registration or enforcement.

769.607

769.607 Contest of registration or enforcement.

769.607(1)

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

769.607(1)(a)

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

769.607(1)(b)

(b) That the order was obtained by fraud.

769.607(1)(c)

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

769.607(1)(d)

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

769.607(1)(e)

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

769.607(1)(f)

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

769.607(1)(g)

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

769.607(2)

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

769.607(3)

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

769.607 - ANNOT.

NOTE: This section is affected by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

769.607 - ANNOT.

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:

769.607 - ANNOT.

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

769.607 - ANNOT.

(b) That the order was obtained by fraud.

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

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

769.607 - ANNOT.

History: 1993 a. 326; 2009 a. 321.

769.607 - ANNOT.

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.