769.507 Administrative enforcement of orders. (1) A party or support enforcement agency seeking to enforce a support
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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.
SUBCHAPTER VI REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER 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.
769.602 Procedure to register order for enforcement. (1) Except as provided in s. 769.706, a support order or incomewithholding 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.
769.605
(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.
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.
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.
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
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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.
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.
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
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erroneous exercise of discretion. Halko v. Halko, 2005 WI App 99, 281 Wis. 2d 825, 698 N.W.2d 832, 04-1228.
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.
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.
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.
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
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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), 971815.
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.
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.
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.
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.
769.616 Procedure to register child support order of foreign country for modification. A party or support en-
769.704
forcement 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.
SUBCHAPTER VII SUPPORT PROCEEDING UNDER CONVENTION 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.
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.
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.
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:
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(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.
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.
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 ap-
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propriate, 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.
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.
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.
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(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.
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.
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 in-
769.802
volving 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.
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.
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.
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.
SUBCHAPTER VIII INTERSTATE 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.
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
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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 or-
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der, 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.
SUBCHAPTER IX MISCELLANEOUS PROVISIONS 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.
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.
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