SB494-SSA1,33,224
(b) If there is only one male alleged, or alleging himself, to be the father and
25one or more persons required to submit to genetic tests under par. (a) fail to appear
1for the scheduled tests, the county child support agency under s. 59.53 (5) may bring
2an action under s. 767.45 for determining the paternity of the child.
SB494-SSA1,33,4
3(3) The fees and costs for genetic tests performed on any person required to
4submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:
SB494-SSA1,33,85
(a) The county may seek reimbursement from either the mother or male
6alleged, or alleging himself, to be the father, or from both, if the test results show that
7the male is not excluded as the father and that the statistical probability of the male's
8parentage is 99.0% or higher.
SB494-SSA1,33,139
(b) If 2 or more identical series of genetic tests are performed upon the same
10person, the county child support agency under s. 59.53 (5) shall require the person
11requesting the 2nd or subsequent series of tests to pay for the tests in advance. If
12the person requesting the 2nd or subsequent series of tests is indigent, the county
13shall pay for the tests and may seek reimbursement from the person.
SB494-SSA1,33,1815
49.25
(3) (a) 8. A man who has been adjudicated
or who, under s. 767.62 (1) or
16a substantially similar law of another state, has acknowledged himself to be the
17father of a child of a woman subject to the program under this section under subd.
181., 2. or 3., if the man is living with the woman.
SB494-SSA1, s. 67
19Section
67. 49.45 (2) (a) 11. of the statutes is amended to read:
SB494-SSA1,33,2220
49.45
(2) (a) 11. Establish criteria for the certification of eligible providers of
21services under Title XIX of the social security act and
, except as provided in s. 49.48, 22certify such eligible providers.
SB494-SSA1, s. 68
23Section
68. 49.45 (2) (a) 12. of the statutes is amended to read:
SB494-SSA1,34,524
49.45
(2) (a) 12. Decertify or suspend
under this subdivision a provider from
25the medical assistance program, if after giving reasonable notice and opportunity for
1hearing, the department finds that the provider has violated federal or state law or
2administrative rule and such violations are by law, regulation or rule grounds for
3decertification or suspension. No payment may be made under the medical
4assistance program with respect to any service or item furnished by the provider
5subsequent to decertification or during the period of suspension.
SB494-SSA1,34,147
49.45
(19) (a) 1. Fully cooperate in
good faith with efforts directed at
8establishing the paternity of a nonmarital child and obtaining support payments or
9any other payments or property to which the person and the dependent child or
10children may have rights. This cooperation shall be in accordance with federal law
11and regulations applying to paternity establishment and collection of support
12payments
and may not be required if the person has good cause for refusing to
13cooperate, as determined by the department in accordance with federal law and
14regulations.
SB494-SSA1,34,20
1649.48 Denial, nonrenewal and suspension of certification of service
17providers based on certain delinquency in payment. (1) The department
18shall require each applicant to provide the department with the applicant's social
19security number, if the applicant is an individual, as a condition of issuing or
20renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.
SB494-SSA1,34,24
21(2) The department of health and family services may not disclose any
22information received under sub. (1) to any person except to the department of
23workforce development for the purpose of making certifications required under s.
2449.857.
SB494-SSA1,35,11
1(3) The department of health and family services shall deny an application for
2the issuance or renewal of a certification specified in sub. (1), shall suspend a
3certification specified in sub. (1) or may, under a memorandum of understanding
4under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of
5workforce development certifies under s. 49.857 that the applicant for or holder of
6the certificate is delinquent in the payment of court-ordered payments of child or
7family support, maintenance, birth expenses, medical expenses or other expenses
8related to the support of a child or former spouse or fails to comply, after appropriate
9notice, with a subpoena or warrant issued by the department of workforce
10development or a county child support agency under s. 59.53 (5) and related to
11paternity or child support proceedings.
SB494-SSA1,35,22
1349.852 Delinquent support payments; pension plans. (1) The
14department of workforce development may direct the department of employe trust
15funds, the retirement system of any 1st class city, any retirement system established
16under
chapter 201, laws of 1937, or the administrator of any other pension plan to
17withhold the amount specified in the statewide support lien docket under s. 49.854
18(2) (b) from any lump sum payment from a pension plan that may be paid a
19delinquent support obligor, except that the department of workforce development
20may not direct that an amount be withheld under this subsection unless it has met
21the notice requirements under sub. (2) and unless the amount specified has either
22not been appealed or is no longer under appeal under s. 49.854.
SB494-SSA1,36,2
23(2) The department of workforce development shall send a notice to the
24last-known address of the person from whom the department intends to recover the
1amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
2notice shall do all of the following:
SB494-SSA1,36,83
(a) Inform the person that the department of employe trust funds, the
4retirement system of any 1st class city, any retirement system established under
5chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
6is appropriate, shall withhold the amount specified in the statewide support lien
7docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that
8may be paid the person.
SB494-SSA1,36,139
(b) Inform the person that he or she may, within 20 business days after the date
10of the notice, request a court hearing on the issue of whether the person owes the
11amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
12request shall be in writing and the person shall mail or deliver a copy of the request
13to the county child support agency under s. 59.53 (5).
SB494-SSA1,36,1614
(c) Request that the person inform the department of workforce development
15or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay
16is in effect with respect to the person.
SB494-SSA1,37,8
17(3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing
18shall be conducted before the circuit court that rendered the initial order to pay
19support. The court shall schedule a hearing within 10 business days after receiving
20a request for a hearing. The family court commissioner may conduct the hearing.
21If the court determines that the person owes the amount specified in the statewide
22support lien docket under s. 49.854 (2) (b), the department of workforce development
23may direct the department of employe trust funds, the retirement system of any 1st
24class city, any retirement system established under
chapter 201, laws of 1937, or the
25administrator of any other pension plan, whichever is appropriate, to withhold the
1amount from any lump sum payment from a pension plan that may be paid the
2person. If the court determines that the person does not owe the amount specified
3in the statewide support lien docket under s. 49.854 (2) (b), the department of
4workforce development may not direct the department of employe trust funds, the
5retirement system of any 1st class city, any retirement system established under
6chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
7is appropriate, to withhold the amount from any lump sum payment from a pension
8plan that may be paid the person.
SB494-SSA1,37,15
9(4) (a) If the department of workforce development directs the department of
10employe trust funds, the retirement system of any 1st class city, any retirement
11system established under
chapter 201, laws of 1937, or the administrator of any
12other pension plan to withhold the amount specified in the statewide support lien
13docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the
14amount specified in the statewide support lien docket, on any lump sum payment
15from a pension plan that may be paid the person.
SB494-SSA1,38,616
(b) If the department of workforce development directs the department of
17employe trust funds, the retirement system of any 1st class city, any retirement
18system established under
chapter 201, laws of 1937, or the administrator of any
19other pension plan to withhold the amount specified in the statewide support lien
20docket under s. 49.854 (2) (b), the department of employe trust funds, the retirement
21system of any 1st class city, any retirement system established under
chapter 201,
22laws of 1937, or the administrator of any other pension plan shall deduct from any
23lump sum payment that may be paid the person the amount specified in the
24statewide support lien docket, less any amount specified under par. (d). If the
25amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any
1amount specified under par. (d), exceeds the lump sum payment, the department of
2employe trust funds, the retirement system of any 1st class city, any retirement
3system established under
chapter 201, laws of 1937, or the administrator of any
4other pension plan shall deduct the entire lump sum payment, less any withholdings
5otherwise required by law. The amount deducted under this paragraph shall be
6remitted to the department of workforce development.
SB494-SSA1,38,127
(c) A directive to the department of employe trust funds, the retirement system
8of any 1st class city, any retirement system established under
chapter 201, laws of
91937, or the administrator of any other pension plan to withhold the amount
10specified in the statewide support lien docket under s. 49.854 (2) (b) under this
11section does not prohibit the department of workforce development from attempting
12to recover the amount through other legal means.
SB494-SSA1,38,1713
(d) The department of workforce development shall promptly notify the
14department of employe trust funds, the retirement system of any 1st class city, any
15retirement system established under
chapter 201, laws of 1937, or the administrator
16of any other pension plan upon recovery of any amount previously specified in the
17statewide support lien docket under s. 49.854 (2) (b).
SB494-SSA1,38,20
1949.853 Financial record matching program. (1) Definitions. In this
20section:
SB494-SSA1,38,2321
(a) "Account" means a demand deposit account, checking or negotiable
22withdrawal order account, savings account, time deposit account or money market
23mutual fund account.
SB494-SSA1,38,2524
(am) "County child support agency" means the county child support agency
25under s. 59.53 (5).
SB494-SSA1,39,1
1(b) "Department" means the department of workforce development.
SB494-SSA1,39,22
(c) "Financial institution" means any of the following:
SB494-SSA1,39,331. A depository institution, as defined in
12 USC 1813 (c).
SB494-SSA1,39,542. An institution-affiliated party, as defined in
12 USC 1813 (u), of a depository
5institution under subd. 1.
SB494-SSA1,39,663. A federal credit union or state credit union, as defined in
12 USC 1752.
SB494-SSA1,39,874. An institution-affiliated party, as defined in
12 USC 1786 (r), of a credit
8union under subd. 3.
SB494-SSA1,39,109
5. A benefit association, insurance company, safe deposit company, money
10market mutual fund or similar entity authorized to do business in this state.
SB494-SSA1,39,1111
6. A broker-dealer, as defined in s. 551.02 (3).
SB494-SSA1,39,1212
(d) "Obligor" has the meaning given in s. 49.854 (1) (d).
SB494-SSA1,39,1413
(dm) "Ownership interest" has the meaning specified by the department by
14rule.
SB494-SSA1,39,1515
(e) "Support" has the meaning given in s. 49.854 (1) (f).
SB494-SSA1,40,2
16(2) Financial record matching program and agreements. The department
17shall operate a financial record matching program under this section. The
18department shall promulgate rules specifying procedures under which the
19department shall enter into agreements with financial institutions doing business
20in this state to operate the financial record matching program under this section.
21The agreement shall require the financial institution to participate in the financial
22record matching program under this section by electing either the financial
23institution matching option under sub. (3) or the state matching option under sub.
24(4). The rules promulgated under this section shall provide for reimbursement of
1financial institutions in an amount not to exceed their actual costs of participation
2in the financial record matching program under this section.
SB494-SSA1,40,11
3(3) Financial institution matching option. (a) If a financial institution with
4which the department has an agreement under sub. (2) elects to use the financial
5institution matching option under this subsection, the department shall provide a
6financial institution with information regarding delinquent obligors. The
7information shall be provided at least once each calendar quarter and shall include
8the obligor's name and social security number. The information shall be provided to
9the financial institution in the manner specified by rule or by agreement. To the
10extent feasible, the information required under this paragraph shall be provided to
11the financial institution by an automated data exchange.
SB494-SSA1,40,2412
(b) Each financial institution receiving information under par. (a) shall take
13actions necessary to determine whether any obligor has an ownership interest in an
14account maintained at the financial institution. If the financial institution
15determines that an obligor has an ownership interest in an account at the financial
16institution, the financial institution shall provide the department with a notice
17containing the obligor's name, address of record, social security number or other
18taxpayer identification number, and account information. The information
19regarding the obligor's account shall include the account number, the account type,
20the nature of the obligor's ownership interest in the account, and the balance of the
21account at the time that the record match is made. The notice under this paragraph
22shall be provided in the manner, and shall contain the information, specified by rule
23or agreement. To the extent feasible, the notice required under this paragraph shall
24be provided to the department by an automated data exchange.
SB494-SSA1,41,9
1(c) The financial institution participating in the financial institution matching
2option under this subsection, and the employes, agents, officers and directors of the
3financial institution, may use the information provided by the department under
4par. (a) only for the purpose of matching records under par. (b). Neither the financial
5institution nor any employe, agent, officer or director of the financial institution may
6disclose or retain information provided under par. (a) concerning obligors who do not
7have an interest in an account maintained at the financial institution. Any person
8who violates this paragraph may be fined not less than $25 nor more than $500 or
9imprisoned in the county jail for not less than 10 days nor more than one year or both.
SB494-SSA1,41,21
10(4) State matching option. (a) If a financial institution with which the
11department has an agreement under sub. (2) elects to use the state matching option
12under this subsection, the financial institution shall provide the department with
13information concerning all accounts maintained at the financial institution at least
14once each calendar quarter. For each account maintained at the financial
15institution, the financial institution shall notify the department of the name and
16social security number or other tax identification number of each person having an
17ownership interest in the account, together with a description of each person's
18interest. The information required under this paragraph shall be provided in the
19manner specified by rule or agreement. To the extent feasible, the notice required
20under this paragraph shall be provided to the department by an automated data
21exchange.
SB494-SSA1,42,322
(b) The department shall take actions necessary to determine whether any
23obligor has an ownership interest in an account maintained at a financial institution
24providing information under par. (a). Upon the request of the department, the
25financial institution shall provide the department, for each obligor who matches
1information provided by the financial institution under par. (a), the obligor's address
2of record, the obligor's account number and account type and the balance of the
3account.
SB494-SSA1,42,74
(c) The department may use the information provided by a financial institution
5under pars. (a) and (b) only for the purpose of matching records under par. (b). The
6department may not disclose or retain information received under pars. (a) and (b)
7concerning account holders who are not delinquent obligors.
SB494-SSA1,42,148
(d) A financial institution participating in the state matching option under this
9subsection, and the employes, agents, officers and directors of the financial
10institution, may use any information that is provided by the department in
11requesting additional information under par. (b) only for the purpose of providing the
12additional information. Any person who violates this paragraph may be fined not
13less than $25 nor more than $500 or imprisoned in the county jail for not less than
1410 days nor more than one year or both.
SB494-SSA1,42,19
15(5) Delegation. The department may delegate any powers and duties given
16to the department under this section to county child support agencies. The
17department may require financial institutions to provide county child support
18agencies with any notices that are required under this section to be provided to the
19department.
SB494-SSA1,42,22
2149.854 Liens against property for delinquent support payments. (1) 22Definitions. In this section:
SB494-SSA1,42,2323
(a) "Department" means the department of workforce development.
SB494-SSA1,42,2524
(b) "County child support agency" means the county child support agency under
25s. 59.53 (5).
SB494-SSA1,43,1
1(c) "Levy" means all powers of distraint and seizure.
SB494-SSA1,43,22
(d) "Obligor" means a person who is obligated to pay court-ordered support.
SB494-SSA1,43,53
(e) "Property" includes accounts at financial institutions, personal property
4and real property, tangible and intangible property and rights to property, but is
5limited to property and rights of the obligor to property existing at the time of levy.
SB494-SSA1,43,66
(f) "Support" means any of the following:
SB494-SSA1,43,77
1. Child or family support.
SB494-SSA1,43,88
2. Maintenance.
SB494-SSA1,43,99
3. Medical expenses of a child.
SB494-SSA1,43,1010
4. Birth expenses.
SB494-SSA1,43,1111
5. Any accrued interest on delinquent amounts under subds. 1. to 4.
SB494-SSA1,43,19
12(2) Creation of lien; satisfaction. (a)
Creation. If a person obligated to pay
13support fails to pay any court-ordered amount of support, that amount becomes a
14lien in favor of the department upon all property of the person. The lien becomes
15effective when the information is entered in the statewide support lien docket under
16par. (b) and that docket is delivered to the register of deeds in the county where the
17property is located. A lien created under this paragraph is not effective against a
18good-faith purchaser of titled personal property, unless the lien is recorded on that
19title.
SB494-SSA1,44,220
(b)
Statewide support lien docket. The department shall maintain a statewide
21support lien docket. The department shall provide a copy of the statewide support
22lien docket to the register of deeds and the county child support agency of each county
23in this state, and to each state agency that titles personal property. Each entry in
24the statewide support lien docket shall contain the name and the social security
1number of the obligor and the date that the lien is entered in the docket, as well as
2the amount of the lien as of the time that the entry is made.
SB494-SSA1,44,73
(c)
Updating the statewide support lien docket. The department shall update
4the statewide support lien docket in response to orders issued by a court or family
5court commissioner. The department shall periodically update the statewide
6support lien docket to reflect changes in the amounts of the liens contained in the
7docket.
SB494-SSA1,44,178
(d)
Amount of lien; satisfaction. The amount of any support obligation that is
9a lien under this subsection may be determined by requesting that information from
10the county child support agency or the register of deeds, as specified by the
11department. Payment of the full amount that is delinquent at the time of payment
12to that county child support agency extinguishes that lien. Upon request, the county
13child support agency shall furnish to the payer of the delinquent amount a
14satisfaction of lien showing that the amount of support owed has been paid in full and
15that the person no longer owes the delinquent amount. The satisfaction of lien may
16be recorded in the office of the register of deeds for any county in which real or
17personal property of the person who owed the support is located.
SB494-SSA1,45,5
18(3) Notification and appeal of lien. (a)
Notice. When a delinquent support
19obligation is included in the statewide support lien docket, the department shall
20provide notice to the obligor that a lien exists with respect to the delinquent support
21obligation. The notice shall include the amount of the delinquent child support
22obligation and shall inform the obligor that the lien is in effect. The notice shall
23inform the obligor of the obligor's right to request a financial records and court order
24review under par. (ag) and the obligor's right to request a court hearing under par.
25(ar). The notice under this paragraph shall also inform the obligor that the
1department will not take actions to enforce the lien if the obligor pays the delinquent
2amount in full or makes satisfactory alternative payment arrangements with the
3department or a county child support agency. The notice shall inform the individual
4of how he or she may pay the delinquent amount or make satisfactory or make
5alternative payment arrangements.
SB494-SSA1,45,196
(ag)
Financial records and court order review. 1. Within 10 business days of
7the date of the notice under par. (a), the obligor may file a written request for a
8financial records and court order review with the county child support agency. If the
9obligor makes a timely request for a financial records and court order review under
10this paragraph, the department shall hold the review as soon as practicable, but in
11no event to exceed 60 days after the date of the request. The department shall
12conduct the financial records and court order review at no charge to the obligor. As
13soon as practicable after conducting the financial records and court order review
14review, the department shall make a determination regarding whether the amount
15of the delinquency contained in the notice is correct and shall provide a copy of the
16determination to the obligor. If the department determines that the amount of the
17delinquency is incorrect, the department shall take appropriate actions to correct the
18inaccuracy. The notice of the determination shall include information regarding the
19obligor's right to request a review of the determination under subd. 2.
SB494-SSA1,46,620
2. If the obligor disagrees with the determination of the department, the obligor
21may request a hearing with the court or a family court commissioner to review the
22department's determination. To request a hearing under this subdivision, the
23obligor shall make the request within 5 business days of the date of the department's
24determination under subd. 1. The obligor shall make the request in writing and shall
25mail or deliver a copy of the request to the county child support agency. If a timely
1request for a hearing is made under this subdivision, the court or family court
2commissioner shall hold the hearing within 15 business days of the request. If, at
3the hearing, the obligor establishes that the lien is not proper because of a mistake
4of fact, the court or family court commissioner shall order the department to remove
5the lien from the statewide support lien docket or adjust the amount of the
6delinquent obligation.
SB494-SSA1,46,167
(ar)
Direct appeal. If the obligor has not requested a financial records and court
8order review under par. (ag), the obligor may request a hearing under this paragraph
9within 20 business days of the date of the notice under par. (a). The obligor shall
10make the request in writing and shall mail or deliver a copy of the request to the
11county child support agency. If a timely request for a hearing is made under this
12paragraph, the court or family court commissioner shall schedule a hearing within
1310 days after the date of the request. If, at the hearing, the obligor establishes that
14the lien is not proper because of a mistake of fact, the court or family court
15commissioner shall order the department to remove the lien from the statewide
16support lien docket or adjust the amount of the delinquent obligation.
SB494-SSA1,46,2417
(b)
Appeal. If a family court commissioner conducts a hearing under par. (ag)
18or (ar), the department or the obligor may, within 15 business days after the date of
19the decision by the family court commissioner, request review of the decision by the
20court having jurisdiction over the action. The court conducting the review may order
21that the lien be withdrawn from the statewide support lien dockets or may order an
22adjustment of the amount of the delinquent obligation. If no appeal is sought or if
23the court does not order the withdrawal of the lien, the department may take
24appropriate actions to enforce the lien.
SB494-SSA1,47,8
1(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
2to pay the support owed by the obligor after the department has made demand for
3payment, the department may collect that support and the levy fees and costs under
4sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
5to (7). Whenever the value of any property that has been levied upon under this
6subsection is not sufficient to satisfy the claim of the department, the department
7may levy upon any additional property of the obligor until the support owed and levy
8costs are fully paid.
SB494-SSA1,47,9
9(5) Levying against financial accounts. (a)
Definitions. In this subsection:
SB494-SSA1,47,1010
1. "Account" has the meaning given in s. 49.853 (1) (a).
SB494-SSA1,47,1111
2. "Financial institution" has the meaning given in s. 49.853 (1) (c).
SB494-SSA1,47,2112
(b)
Notice to the financial institution. To enforce a lien under this section by
13levying against an account at a financial institution, the department shall send a
14notice of levy to the financial institution instructing the financial institution to
15prohibit the closing of or withdrawals from one or more accounts that the obligor
16owns in whole or in part, up to a total amount that is sufficient to pay the support
17owed, financial institution fees under par. (e) and estimated levy fees and costs under
18sub. (11), until further notice from the department or a court. The financial
19institution shall comply with the notice of levy and shall hold the amount specified
20in the notice until the financial institution receives further instructions from the
21department or a court.
SB494-SSA1,48,322
(d)
Notice to the obligor and certain others. No later than the next business day
23after the department sends notice of levy to the financial institution under par. (b),
24the department shall send a copy of the notice of levy to the obligor. The department
25shall also send a copy of the notice of levy to any other person who has an ownership
1interest in the account. The notices required under this paragraph shall be in the
2form determined by the department, however the notice shall include language
3stating all of the following:
SB494-SSA1,48,44
1. That the obligor has been certified as delinquent in paying support.
SB494-SSA1,48,55
2. The amount of the support owed.
SB494-SSA1,48,76
3. The financial institution to which the department sent the notice under par.
7(b).
SB494-SSA1,48,108
4. That one or more accounts owned in whole or in part by the obligor at the
9financial institution have been frozen, up to a total amount that is sufficient pay the
10support owed, the department's levy costs and financial institution fees.
SB494-SSA1,48,1311
6. That the obligor may request a hearing within 20 business days after the
12date of the notice, by submitting the request in writing and by mailing or delivering
13a copy of the request to the county child support agency.
SB494-SSA1,48,1714
6m. That a person, other than the obligor, who holds the account jointly with
15the obligor may request a hearing within 20 business days after the date of the notice,
16to protect the portion of the jointly held account that is attributable to his or her net
17contributions to the jointly held account.
SB494-SSA1,48,1918
7. The address to which the request for hearing must be mailed or delivered in
19order to schedule a hearing.
SB494-SSA1,49,320
(e)
Financial institution fees. A financial institution may continue to collect
21fees, under the terms of the account agreement, on accounts frozen under this
22subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
23institution may collect any early withdrawal penalty incurred under the terms of an
24account as a result of the levy. Financial institution fees authorized under this
25paragraph may be charged to the account immediately prior to the remittance of the
1amount to the department and may be charged even if the amounts in the obligor's
2accounts are insufficient to pay the total amount of support owed and the
3department's levy costs under sub. (11) (b).
SB494-SSA1,50,24
(f)
Hearings. A hearing requested under par. (d) 6. shall be conducted before
5the circuit court rendering the order to pay support. Within 45 business days after
6receiving a request for hearing under par. (d) 6., the court shall conduct the hearing.
7The family court commissioner may conduct the hearing. Except as provided in sub.
8(7m), the hearing shall be limited to a review of whether the account holder owes the
9amount of support certified and whether the department or the county child support
10agency has made an offer to enter into an alternative payment arrangement with the
11obligor that is not in accordance with the guidelines established under s. 49.858 (2)
12(a). If the court or family court commissioner determines that the department or the
13county child support agency has made an offer to enter into an alternative payment
14arrangement that is not in accordance with the guidelines established under s.
1549.858 (2) (a), the court or family court commissioner may order an alternative
16payment arrangement plan that is in accordance with the guidelines established
17under s. 49.858 (2) (a). If the court or family court commissioner orders an
18alternative payment arrangement, the court or family court commissioner shall
19order the department to return the seized funds. If the court or family court
20commissioner determines that the account holder does not owe support or owes less
21than the amount claimed by the department, the court shall order the department
22to return the seized funds or the excess of the seized funds over the amount of the
23delinquency to the account holder. If a family court commissioner conducts the
24hearing under this paragraph, the department or the obligor may, within 15 business
1days after the date that the family court commissioner makes his or her decision,
2request review of the decision by the court with jurisdiction over the action.
SB494-SSA1,50,12
3(6) Levying against other personal property. (a)
When notice of seizure
4required. If the department has enforced a lien under this section by levying against
5personal property, the department shall immediately notify the obligor that the
6property has been seized. The department shall provide the notice of seizure under
7this paragraph to any person having an ownership interest in the property or any
8other person with an interest of record in the property. If the property is titled, the
9department shall also send a copy of the notice of seizure to the state agency that
10titles the property. A state agency receiving a notice under this paragraph may not
11transfer title to the personal property described in the notice, except on the
12instructions of a court or the department.