State Codes and Statutes

Statutes > Wisconsin > 767 > 767.70

767.70

SUBCHAPTER VIII
ENFORCEMENT
767.70 Child support enforcement: notice and service of process.

767.70(1)

(1) When satisfied. In an action under s. 767.001 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied if the court finds all of the following:

767.70(1)(a)

(a) That a diligent effort was made to ascertain the location of the respondent.

767.70(1)(b)

(b) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.58 (2) to the county child support agency under s. 59.53 (5).

767.70(2)

(2) Rules on locating respondent. The department shall promulgate rules specifying the process that the department will use under sub. (1) (a) to ascertain the location of the respondent. Notwithstanding sub. (1) (b), the process specified in the rules shall utilize all reasonable means to which the department has access, including electronic means, interfaces with other programs, and information provided by the postmaster, for determining the current address of the respondent.

767.70 - ANNOT.

History: 1997 a. 191; 2005 a. 443 s. 21; Stats. 2005 s. 767.70.

767.70 - ANNOT.

NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.

767.70 - ANNOT.

Cross Reference: See also ch. DWD 142, Wis. adm. code.

State Codes and Statutes

Statutes > Wisconsin > 767 > 767.70

767.70

SUBCHAPTER VIII
ENFORCEMENT
767.70 Child support enforcement: notice and service of process.

767.70(1)

(1) When satisfied. In an action under s. 767.001 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied if the court finds all of the following:

767.70(1)(a)

(a) That a diligent effort was made to ascertain the location of the respondent.

767.70(1)(b)

(b) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.58 (2) to the county child support agency under s. 59.53 (5).

767.70(2)

(2) Rules on locating respondent. The department shall promulgate rules specifying the process that the department will use under sub. (1) (a) to ascertain the location of the respondent. Notwithstanding sub. (1) (b), the process specified in the rules shall utilize all reasonable means to which the department has access, including electronic means, interfaces with other programs, and information provided by the postmaster, for determining the current address of the respondent.

767.70 - ANNOT.

History: 1997 a. 191; 2005 a. 443 s. 21; Stats. 2005 s. 767.70.

767.70 - ANNOT.

NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.

767.70 - ANNOT.

Cross Reference: See also ch. DWD 142, Wis. adm. code.

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 767 > 767.70

767.70

SUBCHAPTER VIII
ENFORCEMENT
767.70 Child support enforcement: notice and service of process.

767.70(1)

(1) When satisfied. In an action under s. 767.001 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied if the court finds all of the following:

767.70(1)(a)

(a) That a diligent effort was made to ascertain the location of the respondent.

767.70(1)(b)

(b) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.58 (2) to the county child support agency under s. 59.53 (5).

767.70(2)

(2) Rules on locating respondent. The department shall promulgate rules specifying the process that the department will use under sub. (1) (a) to ascertain the location of the respondent. Notwithstanding sub. (1) (b), the process specified in the rules shall utilize all reasonable means to which the department has access, including electronic means, interfaces with other programs, and information provided by the postmaster, for determining the current address of the respondent.

767.70 - ANNOT.

History: 1997 a. 191; 2005 a. 443 s. 21; Stats. 2005 s. 767.70.

767.70 - ANNOT.

NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.

767.70 - ANNOT.

Cross Reference: See also ch. DWD 142, Wis. adm. code.