2012 Wisconsin Statutes & Annotations
769. Uniform interstate family support act.
769.701 Proceeding to determine parentage.
769.701 Proceeding to determine parentage.
(1) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this chapter or a law substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a parent of that child.
(2) In a proceeding to determine parentage, a responding tribunal of this state shall apply the procedural and substantive law of this state and the rules of this state on choice of law.
History: 1993 a. 326; 1997 a. 27.
SUBCHAPTER VII
SUPPORT PROCEEDING UNDER CONVENTION
769.701 Definitions. In this subchapter:
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.
History: 2009 a. 321.
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.
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.
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.
(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.
(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.
History: 2009 a. 321.
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.
(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.
History: 2009 a. 321.
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.
(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.
History: 2009 a. 321.
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.
(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.
History: 2009 a. 321; 2011 a. 257 s. 55.
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.
(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.
(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.
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.
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.
(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.
(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.
History: 2009 a. 321.
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.
History: 2009 a. 321.
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.
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.
