49.21(2) (2)Hearing to insure proper administration.
49.21(2)(a)(a) The department may at any time terminate payment of state or federal aid on any grant of aid to families with dependent children which may have been improperly allowed or which is no longer warranted due to altered conditions. Such action shall be taken only after thorough investigation and after fair notice and hearing. Such notice shall be given to the recipient of the assistance, the county clerk, and the county officer charged with the administration of such assistance, and their statements may be presented either orally or in writing, or by counsel.
49.21(2)(b) (b) Any decision of the department terminating the payment of state and federal aid shall be transmitted to the county treasurer. After receipt of such notice the county treasurer shall not include any payments thereafter made in such case in the certified statement of the expenditures of the county for which state or federal aid is claimed.
49.21 History History: 1995 a. 27 ss. 2894, 3122, 3124; 1995 a. 198 s. 9; 1995 a. 289.
49.22 49.22 Child and spousal support; establishment of paternity; medical liability.
49.22(1) (1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under this chapter.
49.22(2) (2) The department shall constitute the state location service which shall assist in locating parents who have deserted their children and other persons liable for support of dependents or persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in another state, and in locating and valuing property of any person having a support duty.
49.22(2m) (2m)
49.22(2m)(a)(a) The department may request from any person in this state information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide this information within 7 days after receiving a request under this paragraph. Except as provided in subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this paragraph only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Employes of the department or a county child support agency under s. 59.53 (5) are subject to s. 49.83.
49.22(2m)(am) (am) In conjunction with any request for information under par. (a), including a request made by subpoena under par. (b), the department or county child support agency under s. 59.53 (5) shall advise the person of the time by which the information must be provided and of any consequences to the person under par. (d) that may result from a failure to respond or comply with the request.
49.22(2m)(b) (b) The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.
49.22(2m)(bc) (bc) A person in this state shall comply with an administrative subpoena that is issued from another state to compel the production of financial information or other documentary evidence for purposes comparable to those specified in par. (b).
49.22(2m)(c) (c) A person is not liable to any person for any of the following:
49.22(2m)(c)1. 1. Allowing access to financial or other records by the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a) or a subpoena described in par. (bc).
49.22(2m)(c)2. 2. Disclosing information from financial or other records to the department or a county child support agency under s. 59.53 (5) in response to a request under par. (a) or a subpoena described in par. (bc).
49.22(2m)(c)3. 3. Any other action taken in good faith to comply with this section or a subpoena described in par. (bc) or to comply with a request for information or access to records from the department or a county child support agency under s. 59.53 (5) in the administration of this section, ss. 49.145, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.
49.22(2m)(d) (d) Any person who fails to respond to or comply with a subpoena described in par. (bc) or a request under par. (a) by the department or a county child support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.
49.22(2p) (2p) Except as provided in sub. (12), the department or a county child support agency under s. 59.53 (5) may disclose to a parent with legal custody of a child, upon the parent's request, the last-known address, and the name and address of the last-known employer, of the child's other parent if that other parent owes a support obligation to the child and is in arrears in the payment of the support.
49.22(2r) (2r) The department or a county child support agency under s. 59.53 (5) may, to the extent permitted under federal law, disclose information obtained under sub. (2m) to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.22(3) (3) The department, acting as a state location service, shall furnish all services under sub. (2) to any similarly appointed agency of another state which by its laws is authorized to furnish such services to this state or its agencies.
49.22(3m) (3m) The department, acting as a state location service, shall furnish services under sub. (2) upon request to the department of health and family services, a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency that is administering a program operated under 42 USC 620 to 628b or 42 USC 670 to 679a.
49.22(4) (4) Except as provided in this section, no person may use or disclose information obtained by the state location service. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned for not more than one year in the county jail or both.
49.22(6) (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47; benefits under s. 49.124, 49.148 or 49.155; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.
49.22 Note NOTE: Sub. (6) is shown as affected by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c).
49.22(7) (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.53 (6) (a) pursuant to a contract entered into under s. 59.53 (5). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.53 (5), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.445 (3) (md) to carry out a contract under this subsection.
49.22(7g) (7g) The department shall provide all of the following:
49.22(7g)(a) (a) Training to hospital staff members concerning the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of, and alternatives to, of establishing paternity.
49.22(7g)(b) (b) The written information that is required to be provided to parents under s. 69.14 (1) (cm).
49.22(7m) (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).
49.22(8) (8) The department may charge other states and counties seeking collection of child and spousal support for any administrative costs it incurs in providing services related to interstate child support collections, the federal parent locator service under 42 USC 653, the interception of unemployment compensation under 42 USC 654 or the withholding of state and federal income tax refunds under s. 49.855 and 42 USC 664.
49.22(9) (9) The department shall promulgate rules that provide a standard for courts to use in determining a child support obligation based upon a percentage of the gross income and assets of either or both parents. The rules shall provide for consideration of the income of each parent and the amount of physical placement with each parent in determining a child support obligation in cases in which a child has substantial periods of physical placement with each parent.
49.22(11) (11)
49.22(11)(a)(a) The department shall disclose to a consumer reporting agency, as defined under 45 CFR 303.105 (a), the amount of overdue child support owed by a parent. At least 20 business days before disclosing the information to the consumer reporting agency, the department shall notify the parent and inform the parent of the methods available for contesting the accuracy of the information.
49.22(11)(b) (b) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under par. (a) were erroneous. Within 30 days of notification under this paragraph, the consumer reporting agency shall correct the erroneous amount in its records.
49.22(11)(c) (c) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under par. (a) are paid in full. Within 30 days of notification under this paragraph, the consumer reporting agency shall indicate the payment in full in its records.
49.22(12) (12) The department or a county child support agency under s. 59.53 (5) may not release information to a person about the whereabouts of another person if any of the following applies:
49.22(12)(a) (a) The person seeking the information is subject to a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125 or 813.127 with respect to the person about whom the information is sought; and the department or county child support agency under s. 59.53 (5) has notice of the temporary restraining order or injunction.
49.22(12)(b) (b) The department or county child support agency under s. 59.53 (5) has reason to believe that releasing the information may result in physical or emotional harm to the person about whom the information is sought.
49.22 Annotation The state may request patient billing records under sub. (2m) (formerly 46.25 (2m)) which may be admitted into evidence under the exception to confidentiality found under s. 146.82 (2) (a) 3. State v. Allen, 200 W (2d) 301, 546 NW (2d) 517 (1996).
49.22 Annotation Information contained in a county paternity case file may be released for purposes of fraud investigation of the public assistance programs specified in s. 49.53. 80 Atty. Gen. 226.
49.225 49.225 Ordering genetic tests.
49.225(1) (1) In this section, "genetic test" has the meaning given in s. 767.001 (1m).
49.225(2) (2)
49.225(2)(a)(a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.
49.225(2)(b) (b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.45 for determining the paternity of the child.
49.225(3) (3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
49.225(3)(a) (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.
49.225(3)(b) (b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.
49.225 History History: 1997 a. 191.
49.227 49.227 Program for publication of delinquent child support obligors. The department shall establish a program to increase public awareness about the importance of the payment of child support. The program shall include publication of information, such as names and photographs, that identifies child support obligors who are significantly delinquent in the payment of child support. The department may use posters, media presentations or other means that the department determines are appropriate for publication of the information. The publications shall include information about the child support owed by each obligor identified and, if appropriate, shall solicit information from the public to assist the department in locating a delinquent obligor.
49.227 Note NOTE: This section is shown as renumbered by the revisor under s. 13.93 (1) (b) from s. 49.225 as renumbered from s. 46.251 by 1997 Wis. Act 191, section 39.
49.227 History History: 1995 a. 12; 1997 a. 191 s. 39; Stats. 1997 s. 49.227; s. 13.93 (1) (b).
49.23 49.23 Revision of child support orders and collection incentive programs.
49.23(1)(1) From the appropriation under s. 20.445 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
49.23(2) (2)
49.23(2)(a)(a) From the appropriation under s. 20.445 (3) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
49.23(2)(a)1. 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 46.261 or 49.19 as well as for persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 46.261 or 49.19.
49.23(2)(a)2. 2. Provides an incentive for a county to increase its paternity establishments.
49.23(2)(a)3. 3. Provides for state incentive payments to a county in an amount such that the total of state and federal incentive payments to the county is not more than 5% more than the costs of the county's child support program under s. 49.22.
49.23(2)(b) (b) A county that receives a state incentive payment under par. (a) may use the funds only to pay the costs of its child support program under s. 49.22.
49.23 History History: 1989 a. 31; 1991 a. 39, 322; 1993 a. 16; 1995 a. 27, 289; 1995 a. 404 ss. 60 to 64; Stats. 1995 s. 49.23; 1997 a. 105.
49.24 49.24 Child support incentive payments.
49.24(1) (1) From the appropriation under s. 20.445 (3) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.
Effective date note NOTE: Sub. (1) is shown as amended eff. 1-4-99 by 1997 Wis. Act 27. Prior to 1-4-99 it reads:
Effective date text (1) From the appropriation under s. 20.445 (3) (g), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.
49.24(2) (2) The department shall distribute the payments under sub. (1) in accordance with a formula developed by the department in consultation with representatives of counties. The total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $10,500,000 in a state fiscal year.
49.24(3) (3) A county that receives payment under sub. (1) may use the funds only to pay costs under its child support program under s. 49.22.
49.24 History History: 1997 a. 27.
49.25 49.25 Parental responsibility pilot program.
49.25(1)(1)Waiver; applicability. The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to conduct a parental responsibility pilot program as part of the program under s. 49.19. If the department receives the federal waiver and if sufficient funds are available, the department may conduct the program in a county with a population of 500,000 or more and up to 3 other counties. The county department under s. 46.215, 46.22 or 46.23 in each pilot county shall administer the program under a contract with the department. Subsections (3) to (8) apply only while the waiver is in effect and the department is conducting the program.
49.25(3) (3)Participation.
49.25(3)(a)(a) Except as provided in par. (c), a person who lives in a pilot county is subject to the program under this section beginning when the person both receives aid under s. 49.19 and is one of the following:
49.25(3)(a)1. 1. A woman who is under the age of 20, has no children of her own and has entered the 3rd trimester of pregnancy, if that 3rd trimester began after June 30, 1994.
49.25(3)(a)2. 2. A woman who is under the age of 20, is not pregnant and is the mother of only one child, if that child was born after June 30, 1994.
49.25(3)(a)3. 3. A woman who is under the age of 20, is not pregnant and is the mother of more than one child, if the children were all born as a result of one pregnancy and were born after June 30, 1994.
49.25(3)(a)4. 4. A man who is under the age of 20 and is the father of only one child living, if that child was born after June 30, 1994, and, if the man is married and living with his spouse, whose spouse is not pregnant.
49.25(3)(a)5. 5. A man who is under the age of 20 and is the father of more than one child, if the children were all born as a result of one pregnancy and were born after June 30, 1994, and, if the man is married and living with his spouse, whose spouse is not pregnant.
49.25(3)(a)6. 6. Subject to par. (am), the spouse of a woman subject to the program under this section under subd. 1., 2. or 3. if the spouse is living with the woman.
49.25(3)(a)7. 7. Subject to par. (am), the spouse of a man subject to the program under this section under subd. 4. or 5. if the spouse is living with the man.
49.25(3)(a)8. 8. A man who has been adjudicated or who, under s. 767.62 (1) or a substantially similar law of another state, has acknowledged himself to be the father of a child of a woman subject to the program under this section under subd. 1., 2. or 3., if the man is living with the woman.
49.25(3)(am) (am) If the spouse of a person subject to the program under this section under par. (a) 1., 2., 3., 4. or 5. is the stepparent of the person's child or children and is living with the person, the couple may decide whether to have the needs of the stepparent taken into consideration for the purposes of determining the amount of aid under s. 49.19. If the couple chooses to have the stepparent's needs taken into consideration, the stepparent is subject to the program under this section.
49.25(3)(b) (b) A person who, under par. (a), becomes subject to the program under this section remains subject to the program under this section as long as he or she lives in a pilot county and the program is in effect unless the person has not received aid under s. 49.19 for at least 36 consecutive months.
49.25(3)(c) (c) A person described in par. (a) is not subject to the program under this section if he or she is assigned to a control group by the department.
49.25(4) (4)Limited payment amount. Notwithstanding s. 49.19 (11) (a) 1. and 2., the department shall make a monthly payment under s. 49.19 to a family of $38 for a single child, or $38 for one of the children and a full payment for the other children who are all born as a result of one pregnancy, if the child or children's parent is a member of the family and is subject to the program under this section and if the child is or children are born or adopted after the family includes either one child of that parent or more than one child who were all born as a result of one pregnancy. Notwithstanding s. 49.19 (11) (a) 1. and 2., the department may not make any monthly payment under s. 49.19 to a family for any later born or adopted child of that parent. This subsection does not affect the payment of the allowance under s. 49.19 (11) (a) 4.
49.25(5) (5)Earned income disregard.
49.25(5)(a)(a) Instead of the earned income disregards in s. 49.19 (5) (a) 2., 4. and 4m. and (am), the department shall apply the earned income disregard in par. (b) in determining the benefit amount of a person subject to the program under this section and in determining eligibility under s. 49.19 of a person subject to the program under this section if the person received benefits under s. 49.19 in one of the 4 months before he or she applies for benefits.
49.25(5)(b) (b) For a person described in par. (a), the department shall disregard $200 of earned income plus an amount equal to 50% of the person's remaining income not disregarded.
49.25(6) (6)Employment requirements. Notwithstanding s. 49.19 (4) (dm), the department may not apply the federal aid to families with dependent children program requirements as to past employment and past and current unemployment to a married couple subject to the program under this section if the married couple live together.
Loading...
Loading...
This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?