More Categories

Section 769.305 – Duties and powers of responding tribunal

May 14, 2021 | Family Law, Wisconsin

(1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301(3) , it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent not prohibited by other law, may do any of the following:

(a) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child.
(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.
(c) Order income withholding.
(d) Determine the amount of any arrearages and specify a method of payment.
(e) Enforce orders by civil or criminal contempt or both.
(f) Set aside property for satisfaction of the support order.
(g) Place liens and order execution on the obligor’s property.
(h) Order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment.
(i) Issue an order under s. 818.02(6) for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the order for arrest in any local and state computer systems for criminal warrants.
(j) Order the obligor to seek appropriate employment by specified methods.
(k) Award reasonable attorney fees and other fees and costs.
(L) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition the payment of a support order issued under this chapter upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order under this chapter, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(6) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.

Wis. Stat. ยง 769.305

1993 a. 326; 1995 a. 225; 1997 a. 27; 2009 a. 321.

Sub. (1) is amended by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

(1) Whenever a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly under s. 769.301(3), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.

Sub. (2) (intro.) is amended by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

(2) A responding tribunal of this state, to the extent not prohibited by other law, may do any of the following:

Par. (a) is amended by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

(a) Establish or enforce a support order, modify a child support order, determine the controlling child support order, or determine parentage of a child.

Par. (b) is amended by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

(b) Order an obligor to comply with a support order, specifying the amount and the manner of compliance.

Par. (h) is amended by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904 to read:

(h) Order an obligor to keep the tribunal informed of the obligor’s current residential address, electronic mail address, telephone number, employer, address of employment, and telephone number at the place of employment.

Sub. (6) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.