Wisconsin Statutes 769.401 – Petition to establish support order
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Terms Used In Wisconsin Statutes 769.401
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to states of the United States, includes the District of Columbia, the commonwealth of Puerto Rico and the several territories organized by Congress. See Wisconsin Statutes 990.01
(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:
(a) The individual seeking the order resides outside this state.
(b) The support enforcement agency seeking the order is located outside this state.
(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:
(a) A presumed father of the child.
(b) An individual who is petitioning to have his paternity adjudicated.
(c) An individual who has been identified as the father of the child through genetic testing.
(d) An alleged father of the child who has declined to submit to genetic testing.
(e) An individual who has been shown by clear and convincing evidence to be the father of the child.
(f) An individual who has acknowledged paternity of the child under s. 767.805.
(g) The mother of the child.
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(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.