State Codes and Statutes

769.101

SUBCHAPTER I
GENERAL PROVISIONS
769.101 Definitions. In this chapter:

769.101(1)

(1) "Child" means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

769.101(2)

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state.

769.101(3)

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

769.101(4)

(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

769.101(5)

(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

769.101(6)

(6) "Income-withholding order" means an order, notice or other legal process directed to an obligor's employer or other debtor to withhold support from the income of, or other money owed to, the obligor.

769.101(7)

(7) "Initiating state" means a state from which a proceeding is forwarded, or in which a proceeding is filed for forwarding, to a responding state under this chapter or a law or procedure substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

769.101(8)

(8) "Initiating tribunal" means the authorized tribunal in an initiating state.

769.101(9)

(9) "Issuing state" means the state in which a tribunal issues a support order or renders a judgment determining parentage.

769.101(10)

(10) "Issuing tribunal" means the tribunal that issues a support order or renders a judgment determining parentage.

769.101(11)

(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

769.101(12)

(12) "Obligee" means any of the following:

769.101(12)(a)

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered.

769.101(12)(b)

(b) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee.

769.101(12)(c)

769.101(13)

(13) "Obligor" means an individual, or the estate of a decedent, to whom any of the following applies:

769.101(13)(a)

(a) The individual or decedent owes or is alleged to owe a duty of support.

769.101(13)(b)

(b) The individual or decedent is alleged but has not been adjudicated to be a parent of a child.

769.101(13)(c)

769.101(14)

(14) "Register" means to file a support order or judgment determining parentage with the clerk of court.

769.101(15)

(15) "Registering tribunal" means a tribunal in which a support order is registered.

769.101(16)

(16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law substantially similar to this chapter, or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

769.101(17)

(17) "Responding tribunal" means the authorized tribunal in a responding state.

769.101(18)

(18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

769.101(19)

(19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States. "State" includes all of the following:

769.101(19)(a)

(a) An Indian tribe.

769.101(19)(b)

(b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders that are substantially similar to the procedures under this chapter or to the procedures under the Uniform Reciprocal Enforcement of Support Act or the Revised Uniform Reciprocal Enforcement of Support Act.

769.101(20)

(20) "Support enforcement agency" means a public official or agency authorized to seek any of the following:

769.101(20)(a)

(a) Enforcement of support orders or laws relating to the duty of support.

769.101(20)(b)

(b) Establishment or modification of child support.

769.101(20)(c)

769.101(20)(d)

(d) Location of obligors or their assets.

769.101(21)

(21) "Support order" means a judgment, decree or order, whether temporary, final or subject to modification, for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages or reimbursement, and that may include related costs and fees, interest, income withholding, attorney fees and other relief.

769.101(22)

(22) "Tribunal" means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage in this state or in an issuing or responding state.

769.101 - 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:

769.101 - ANNOT.

769.101 Definitions. In this chapter:

769.101 - ANNOT.

(2) "Child support order" means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country.

769.101 - ANNOT.

(2c) "Convention" means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November 23, 2007.

769.101 - ANNOT.

(3) "Duty of support" means an obligation imposed or imposable by law to provide support for a child, spouse or former spouse, including an unsatisfied obligation to provide support.

769.101 - ANNOT.

(3c) "Foreign country" means a country, including a political subdivision of the country, other than the United States, that authorizes the issuance of support orders and to which any of the following applies:

769.101 - ANNOT.

(a) The country or political subdivision has been declared under the law of the United States to be a foreign reciprocating country.

769.101 - ANNOT.

(b) The country or political subdivision has established a reciprocal arrangement for child support with this state under s. 769.308 (2).

769.101 - ANNOT.

(c) The country or political subdivision has enacted a law or established procedures for the issuance and enforcement of support orders that are substantially similar to the procedures under this chapter.

769.101 - ANNOT.

(d) The country or political subdivision is one in which the convention is in force with respect to the United States.

769.101 - ANNOT.

(3g) "Foreign support order" means a support order of a foreign tribunal.

769.101 - ANNOT.

(3m) "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a foreign country that is authorized to establish, enforce, or modify support orders or to determine parentage of a child. "Foreign tribunal" includes a competent authority under the convention.

769.101 - ANNOT.

(4) "Home state" means the state or foreign country in which a child lived with a parent or a person acting as parent for at least 6 consecutive months immediately preceding the time of the filing of a petition or comparable pleading for support or, if a child is less than 6 months old, the state or foreign country in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the 6-month or other period.

769.101 - ANNOT.

(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.

769.101 - ANNOT.

(8) "Initiating tribunal" means the tribunal of a state or foreign country from which a petition or comparable pleading is forwarded or in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

769.101 - ANNOT.

(8m) "Issuing foreign country" means the foreign country in which a tribunal issues a support order or a judgment determining parentage of a child.

769.101 - ANNOT.

(9) "Issuing state" means the state in which a tribunal issues a support order or a judgment determining parentage of a child.

769.101 - ANNOT.

(10) "Issuing tribunal" means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child.

769.101 - ANNOT.

(11) "Law" includes decisional and statutory law and rules and regulations having the force of law.

769.101 - ANNOT.

(12) "Obligee" means any of the following:

769.101 - ANNOT.

(a) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order or a judgment determining parentage of a child has been issued.

769.101 - ANNOT.

(b) A foreign country, state, or political subdivision of a state to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee in place of child support.

769.101 - ANNOT.

(d) A person that is a creditor in a proceeding under subch. VII.

769.101 - ANNOT.

(13) "Obligor" means an individual, or the estate of a decedent, to whom any of the following applies:

769.101 - ANNOT.

(a) The individual or decedent owes or is alleged to owe a duty of support.

769.101 - ANNOT.

(b) The individual or decedent is alleged but has not been adjudicated to be a parent of a child.

769.101 - ANNOT.

(d) The individual or decedent is a debtor in a proceeding under subch. VII.

769.101 - ANNOT.

(13m) "Outside this state" means a location in another state or a country other than the United States, whether or not the country is a foreign country.

769.101 - ANNOT.

(13r) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

769.101 - ANNOT.

(14) "Register" means to file in a tribunal of this state a support order or judgment determining parentage of a child issued in another state or a foreign country.

769.101 - ANNOT.

(15) "Registering tribunal" means a tribunal in which a support order or judgment determining parentage of a child is registered.

769.101 - ANNOT.

(16) "Responding state" means a state in which a petition or comparable pleading for support or to determine parentage of a child is filed or to which a petition or comparable pleading is forwarded for filing from another state or a foreign country.

769.101 - ANNOT.

(17) "Responding tribunal" means the authorized tribunal in a responding state or foreign country.

769.101 - ANNOT.

(18) "Spousal-support order" means a support order for a spouse or former spouse of the obligor.

769.101 - ANNOT.

(19) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian nation or tribe.

769.101 - ANNOT.

(20) "Support enforcement agency" means a public official, governmental entity, or private agency authorized to do any of the following:

769.101 - ANNOT.

(a) Seek enforcement of support orders or laws relating to the duty of support.

769.101 - ANNOT.

(b) Seek establishment or modification of child support.

769.101 - ANNOT.

(d) Attempt to locate obligors or their assets.

769.101 - ANNOT.

(e) Request determination of the controlling child support order.

769.101 - ANNOT.

(21) "Support order" means a judgment, decree, order, decision, or directive, whether temporary, final, or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse, or a former spouse, that provides for monetary support, health care, arrearages, retroactive support, or reimbursement for financial assistance provided to an individual obligee in place of child support. "Support order" may include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney fees, and other relief.

769.101 - ANNOT.

(22) "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child.

769.101 - ANNOT.

History: 1993 a. 326; 1997 a. 27; 2009 a. 321.