Section 769.704 – Initiation by department of support proceeding under convention

May 14, 2021 | Family Law, Wisconsin

(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:

(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.

Wis. Stat. ยง 769.704

Repealed and recreated by Acts 2015 ch, 82,s 10, eff. 12/18/2015.
1993 a. 326; 1997 a. 27.
Subchapter VII is repealed and recreated by 2009 Wis. Act 321 and 2015 Wis. Act 82, s. 12, effective 12-18-15 or the date stated in the notice published in the Wisconsin Administrative Register under s. 769.904, whichever is earlier, to read as follows, except that s. 769.708 (3) (intro.) is shown as affected by 2015 Wis. Act 82, s. 10, effective 12-18-15.