Wisconsin Statutes 769.607 – Contest of registration or enforcement
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Terms Used In Wisconsin Statutes 769.607
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Fraud: Intentional deception resulting in injury to another.
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(1) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(a) That the issuing tribunal lacked personal jurisdiction over the contesting party.
(b) That the order was obtained by fraud.
(c) That the order has been vacated, suspended or modified by a later order.
(d) That the issuing tribunal has stayed the order pending appeal.
(e) That there is a defense under the law of this state to the remedy sought.
(f) That full or partial payment has been made.
(g) That the statute of limitations under s. 769.604 (2) precludes enforcement of some or all of the arrearages.
(h) That the alleged controlling order is not the controlling order.
(2) If a party presents evidence establishing a full or partial defense under sub. (1), a tribunal may stay enforcement of a registered support order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense under sub. (1) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming the order.