State Codes and Statutes
Statutes > Wisconsin > 769 > 769.401769.401
SUBCHAPTER IVESTABLISHMENT OF SUPPORT ORDER
Subch. IV of Ch. 769 - ANNOT.
769.319 - ANNOT.
ESTABLISHMENT OF SUPPORT ORDEROR DETERMINATION OF PARENTAGE
769.401 Petition to establish support order.
769.401(1)
(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may issue a support order if any of the following applies:769.401(1)(a)
(a) The individual seeking the order resides in another state.769.401(1)(b)
(b) The support enforcement agency seeking the order is located in another state.769.401(2)
(2) The tribunal may issue a temporary child support order if any of the following applies:769.401(2)(a)
(a) The respondent has signed a verified statement acknowledging parentage.769.401(2)(b)
(b) The respondent has been determined by or under law to be the parent.769.401(2)(c)
(c) There is other clear and convincing evidence that the respondent is the child's parent.769.401(3)
(3) Upon finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under s. 769.305.769.401 - ANNOT.
NOTE: 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:769.401 - ANNOT.
769.401 Petition to establish support order. (1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if any of the following applies:769.401 - ANNOT.
(a) The individual seeking the order resides outside this state.769.401 - ANNOT.
(b) The support enforcement agency seeking the order is located outside this state.769.401 - ANNOT.
(2) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and if the individual ordered to pay is any of the following:769.401 - ANNOT.
(a) A presumed father of the child.769.401 - ANNOT.
(b) An individual who is petitioning to have his paternity adjudicated.769.401 - ANNOT.
(c) An individual who has been identified as the father of the child through genetic testing.769.401 - ANNOT.
(d) An alleged father of the child who has declined to submit to genetic testing.769.401 - ANNOT.
(e) An individual who has been shown by clear and convincing evidence to be the father of the child.769.401 - ANNOT.
(f) An individual who has acknowledged paternity of the child under s. 767.805.769.401 - ANNOT.
(g) The mother of the child.769.401 - ANNOT.
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.769.401 - ANNOT.
(3) Upon finding, after notice and an opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders under s. 769.305.769.401 - ANNOT.
History: 1993 a. 326; 2009 a. 321.