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Section 769.605 – Notice of registration of order

May 14, 2021 | Family Law, Wisconsin

(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) .

Wis. Stat. ยง 769.605

1993 a. 326; 1997 a. 27; 2005 a. 443 s. 265; 2009 a. 321.

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:

769.605 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).