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Section 769.602 – Procedure to register order for enforcement

May 14, 2021 | Family Law, Wisconsin

(1) Except as provided in s. 769.706 , a support order or income-withholding 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.
(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.

Wis. Stat. ยง 769.602

1993 a. 326; 2009 a. 321.

Sub. (1) (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:

(1) Except as provided in s. 769.706, a support order or income-withholding 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:

Par. (c) 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:

(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.

Sub. (2) 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) 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.

Sub. (4) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.

Sub. (5) is created by 2009 Wis. Act 321 effective the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904.