SB494-SSA2,42,2323
(f) "Support" means any of the following:
SB494-SSA2,42,2424
1. Child or family support.
SB494-SSA2,42,2525
2. Maintenance.
SB494-SSA2,43,1
13. Medical expenses of a child.
SB494-SSA2,43,22
4. Birth expenses.
SB494-SSA2,43,33
5. Any accrued interest on delinquent amounts under subds. 1. to 4.
SB494-SSA2,43,11
4(2) Creation of lien; satisfaction. (a)
Creation. If a person obligated to pay
5support fails to pay any court-ordered amount of support, that amount becomes a
6lien in favor of the department upon all property of the person. The lien becomes
7effective when the information is entered in the statewide support lien docket under
8par. (b) and that docket is delivered to the register of deeds in the county where the
9property is located. A lien created under this paragraph is not effective against a
10good-faith purchaser of titled personal property, unless the lien is recorded on that
11title.
SB494-SSA2,43,1812
(b)
Statewide support lien docket. The department shall maintain a statewide
13support lien docket. The department shall provide a copy of the statewide support
14lien docket to the register of deeds and the county child support agency of each county
15in this state, and to each state agency that titles personal property. Each entry in
16the statewide support lien docket shall contain the name and the social security
17number of the obligor and the date that the lien is entered in the docket, as well as
18the amount of the lien as of the time that the entry is made.
SB494-SSA2,43,2319
(c)
Updating the statewide support lien docket. The department shall update
20the statewide support lien docket in response to orders issued by a court or family
21court commissioner. The department shall periodically update the statewide
22support lien docket to reflect changes in the amounts of the liens contained in the
23docket.
SB494-SSA2,44,824
(d)
Amount of lien; satisfaction. The amount of any support obligation that is
25a lien under this subsection may be determined by requesting that information from
1the county child support agency or the register of deeds, as specified by the
2department. Payment of the full amount that is delinquent at the time of payment
3to that county child support agency extinguishes that lien. Upon request, the county
4child support agency shall furnish to the payer of the delinquent amount a
5satisfaction of lien showing that the amount of support owed has been paid in full and
6that the person no longer owes the delinquent amount. The satisfaction of lien may
7be recorded in the office of the register of deeds for any county in which real or
8personal property of the person who owed the support is located.
SB494-SSA2,44,21
9(3) Notification and appeal of lien. (a)
Notice. When a delinquent support
10obligation is included in the statewide support lien docket, the department shall
11provide notice to the obligor that a lien exists with respect to the delinquent support
12obligation. The notice shall include the amount of the delinquent child support
13obligation and shall inform the obligor that the lien is in effect. The notice shall
14inform the obligor of the obligor's right to request a financial records and court order
15review under par. (ag) and the obligor's right to request a court hearing under par.
16(ar). The notice under this paragraph shall also inform the obligor that the
17department will not take actions to enforce the lien if the obligor pays the delinquent
18amount in full or makes satisfactory alternative payment arrangements with the
19department or a county child support agency. The notice shall inform the individual
20of how he or she may pay the delinquent amount or make satisfactory alternative
21payment arrangements.
SB494-SSA2,45,1022
(ag)
Financial records and court order review. 1. Within 10 business days of
23the date of the notice under par. (a), the obligor may file a written request for a
24financial records and court order review with the county child support agency. If the
25obligor makes a timely request for a financial records and court order review under
1this paragraph, the department shall hold the review as soon as practicable, but in
2no event to exceed 60 days after the date of the request. The department shall
3conduct the financial records and court order review at no charge to the obligor. As
4soon as practicable after conducting the financial records and court order review, the
5department shall make a determination regarding whether the amount of the
6delinquency contained in the notice is correct and shall provide a copy of the
7determination to the obligor. If the department determines that the amount of the
8delinquency is incorrect, the department shall take appropriate actions to correct the
9inaccuracy. The notice of the determination shall include information regarding the
10obligor's right to request a review of the determination under subd. 2.
SB494-SSA2,45,2211
2. If the obligor disagrees with the determination of the department, the obligor
12may request a hearing with the court or a family court commissioner to review the
13department's determination. To request a hearing under this subdivision, the
14obligor shall make the request within 5 business days of the date of the department's
15determination under subd. 1. The obligor shall make the request in writing and shall
16mail or deliver a copy of the request to the county child support agency. If a timely
17request for a hearing is made under this subdivision, the court or family court
18commissioner shall hold the hearing within 15 business days of the request. If, at
19the hearing, the obligor establishes that the lien is not proper because of a mistake
20of fact, the court or family court commissioner shall order the department to remove
21the lien from the statewide support lien docket or adjust the amount of the
22delinquent obligation.
SB494-SSA2,46,723
(ar)
Direct appeal. If the obligor has not requested a financial records and court
24order review under par. (ag), the obligor may request a hearing under this paragraph
25within 20 business days of the date of the notice under par. (a). The obligor shall
1make the request in writing and shall mail or deliver a copy of the request to the
2county child support agency. If a timely request for a hearing is made under this
3paragraph, the court or family court commissioner shall schedule a hearing within
410 days after the date of the request. If, at the hearing, the obligor establishes that
5the lien is not proper because of a mistake of fact, the court or family court
6commissioner shall order the department to remove the lien from the statewide
7support lien docket or adjust the amount of the delinquent obligation.
SB494-SSA2,46,158
(b)
Appeal. If a family court commissioner conducts a hearing under par. (ag)
9or (ar), the department or the obligor may, within 15 business days after the date of
10the decision by the family court commissioner, request review of the decision by the
11court having jurisdiction over the action. The court conducting the review may order
12that the lien be withdrawn from the statewide support lien dockets or may order an
13adjustment of the amount of the delinquent obligation. If no appeal is sought or if
14the court does not order the withdrawal of the lien, the department may take
15appropriate actions to enforce the lien.
SB494-SSA2,46,23
16(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
17to pay the support owed by the obligor after the department has made demand for
18payment, the department may collect that support and the levy fees and costs under
19sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
20to (7). Whenever the value of any property that has been levied upon under this
21subsection is not sufficient to satisfy the claim of the department, the department
22may levy upon any additional property of the obligor until the support owed and levy
23costs are fully paid.
SB494-SSA2,46,24
24(5) Levying against financial accounts. (a)
Definitions. In this subsection:
SB494-SSA2,46,2525
1. "Account" has the meaning given in s. 49.853 (1) (a).
SB494-SSA2,47,1
12. "Financial institution" has the meaning given in s. 49.853 (1) (c).
SB494-SSA2,47,112
(b)
Notice to the financial institution. To enforce a lien under this section by
3levying against an account at a financial institution, the department shall send a
4notice of levy to the financial institution instructing the financial institution to
5prohibit the closing of or withdrawals from one or more accounts that the obligor
6owns in whole or in part, up to a total amount that is sufficient to pay the support
7owed, financial institution fees under par. (e) and estimated levy fees and costs under
8sub. (11), until further notice from the department or a court. The financial
9institution shall comply with the notice of levy and shall hold the amount specified
10in the notice until the financial institution receives further instructions from the
11department or a court.
SB494-SSA2,47,1812
(d)
Notice to the obligor and certain others. No later than the next business day
13after the department sends notice of levy to the financial institution under par. (b),
14the department shall send a copy of the notice of levy to the obligor. The department
15shall also send a copy of the notice of levy to any other person who has an ownership
16interest in the account. The notices required under this paragraph shall be in the
17form determined by the department, however the notice shall include language
18stating all of the following:
SB494-SSA2,47,1919
1. That the obligor has been certified as delinquent in paying support.
SB494-SSA2,47,2020
2. The amount of the support owed.
SB494-SSA2,47,2221
3. The financial institution to which the department sent the notice under par.
22(b).
SB494-SSA2,47,2523
4. That one or more accounts owned in whole or in part by the obligor at the
24financial institution have been frozen, up to a total amount that is sufficient pay the
25support owed, the department's levy costs and financial institution fees.
SB494-SSA2,48,3
16. That the obligor may request a hearing within 20 business days after the
2date of the notice, by submitting the request in writing and by mailing or delivering
3a copy of the request to the county child support agency.
SB494-SSA2,48,74
6m. That a person, other than the obligor, who holds the account jointly with
5the obligor may request a hearing within 20 business days after the date of the notice,
6to protect the portion of the jointly held account that is attributable to his or her net
7contributions to the jointly held account.
SB494-SSA2,48,98
7. The address to which the request for hearing must be mailed or delivered in
9order to schedule a hearing.
SB494-SSA2,48,1810
(e)
Financial institution fees. A financial institution may continue to collect
11fees, under the terms of the account agreement, on accounts frozen under this
12subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
13institution may collect any early withdrawal penalty incurred under the terms of an
14account as a result of the levy. Financial institution fees authorized under this
15paragraph may be charged to the account immediately prior to the remittance of the
16amount to the department and may be charged even if the amounts in the obligor's
17accounts are insufficient to pay the total amount of support owed and the
18department's levy costs under sub. (11) (b).
SB494-SSA2,49,1419
(f)
Hearings. A hearing requested under par. (d) 6. shall be conducted before
20the circuit court rendering the order to pay support. Within 45 business days after
21receiving a request for hearing under par. (d) 6., the court shall conduct the hearing.
22The family court commissioner may conduct the hearing. The hearing shall be
23limited to a review of whether the account holder owes the amount of support
24certified and whether any alternative payment arrangement offered by the
25department or the county child support agency is reasonable. If the court or family
1court commissioner makes a written determination that an alternative payment
2arrangement offered by the department or county child support agency is not
3reasonable, the court or family court commissioner may order an alternative
4payment arrangement. If the court or family court commissioner orders an
5alternative payment arrangement, the court or family court commissioner shall
6order the department to release all or a portion of the funds. If the court or family
7court commissioner determines that the account holder does not owe support or owes
8less than the amount claimed by the department, the court shall order the
9department to return the seized funds or the excess of the seized funds over the
10amount of the delinquency to the account holder. If a family court commissioner
11conducts the hearing under this paragraph, the department or the obligor may,
12within 15 business days after the date that the family court commissioner makes his
13or her decision, request review of the decision by the court with jurisdiction over the
14action.
SB494-SSA2,49,24
15(6) Levying against other personal property. (a)
When notice of seizure
16required. If the department has enforced a lien under this section by levying against
17personal property, the department shall immediately notify the obligor that the
18property has been seized. The department shall provide the notice of seizure under
19this paragraph to any person having an ownership interest in the property or any
20other person with an interest of record in the property. If the property is titled, the
21department shall also send a copy of the notice of seizure to the state agency that
22titles the property. A state agency receiving a notice under this paragraph may not
23transfer title to the personal property described in the notice, except on the
24instructions of a court or the department.
SB494-SSA2,50,2
1(b)
Content of notice of seizure. The notice provided under par. (a) shall include
2all of the following:
SB494-SSA2,50,33
1. The name of the obligor and the amount of the support owed.
SB494-SSA2,50,44
2. A description of the personal property seized.
SB494-SSA2,50,75
3. A statement that the obligor may, within 20 business days after the date of
6the notice, request a hearing on the questions of whether past-due support is owed
7and whether the property was wrongfully seized.
SB494-SSA2,50,118
3m. A statement that a person, other than the obligor, who holds the personal
9property jointly with the obligor may request a hearing within 20 business days after
10the date of the notice, to protect the portion of the jointly held personal property that
11is attributable to his or her net contributions to the jointly held personal property.
SB494-SSA2,50,1412
4. A statement that the hearing may be requested by submitting the request
13in writing and by mailing or delivering a copy of the request to the county child
14support agency.
SB494-SSA2,51,1415
(c)
Hearing. If a hearing is requested under par. (b) 4., the court or family court
16commissioner shall schedule a hearing within 10 business days after receiving the
17request under par. (b) 4. The hearing shall be limited to a review of whether the
18obligor owes the amount of support owed that is stated in the notice of seizure and
19whether any alternative payment arrangement offered by the department or the
20county child support agency is reasonable. If the court or family court commissioner
21makes a written determination that an alternative payment arrangement offered by
22the department or county child support agency is not reasonable, the court or family
23court commissioner may order an alternative payment arrangement. If the court or
24family court commissioner orders an alternative payment arrangement, the court or
25family court commissioner shall order the department to return the seized property
1within 15 business days. If the court or family court commissioner determines that
2the obligor does not owe support or owes less than the amount claimed by the
3department, the court shall order the department to return the seized property
4within 15 business days or specify the amount which may be retained by the
5department after the sale of the seized property. If a family court commissioner
6conducts the hearing under this paragraph, the department or the obligor may,
7within 15 business days after the date that the family court commissioner makes his
8or her decision, request review of the decision by the court with jurisdiction over the
9action. The court reviewing the decision may order the department to return the
10seized property or may authorize the sale of the property by the department. If the
11department is ordered to return seized property under this paragraph, the court
12shall instruct any state agency responsible for titling the property that it may
13transfer title to the property without receiving instructions from a court or the
14department under par. (a).
SB494-SSA2,51,2015
(d)
Notice of sale. As soon as practicable after seizing the personal property and
16after any requested hearings are conducted under par. (c), the department shall send
17a notice to the obligor stating that the department intends to issue an execution
18requiring the sheriff to seize and sell the property within 90 days of the date of the
19execution. The final notice shall include a notice of the obligor's right to redeem the
20property under par. (e) 8.
SB494-SSA2,52,221
(e)
Execution and sale. After the department has sent the notice under par. (d),
22the department may issue an execution on any personal property identified in the
23notice to enforce a lien contained in the statewide support lien docket. The
24department shall provide a copy of an execution under this paragraph to the obligor
1and to any other person having an interest in the property. The provisions of ch. 815
2apply to the executions issued by the department, except as follows:
SB494-SSA2,52,63
1. References to judgments shall be read as references to liens entered in the
4statewide support lien docket, references to debtors shall be read as references to
5obligors and references to the court or a judge shall be read as references to the
6department.
SB494-SSA2,52,97
2. Sections 815.01 to 815.04 do not apply. The department may not issue an
8execution more than 5 years after the date on which the lien was entered in the
9statewide support lien docket.
SB494-SSA2,52,1310
3. Section 815.05 does not apply. If the department has delegated under sub.
11(17) its authority under this subsection, the execution shall be signed by the director
12of the child support agency that is initiating the real property seizure on behalf of the
13department. The execution shall include all of the following information:
SB494-SSA2,52,1514
a. The date that a lien against the obligor was first entered on the child support
15lien docket.
SB494-SSA2,52,1716
b. The amount of past due child support that is owed at the time the execution
17is issued.
SB494-SSA2,52,1818
c. A description of the personal property.
SB494-SSA2,52,2019
d. A directive to the officer to whom the execution is addressed to seize and sell
20the property within 90 days of the date of the execution.
SB494-SSA2,52,2221
4. The execution shall be made returnable under s. 815.06 to the department
22within 90 days, rather than 60 days, after its receipt by the officer.
SB494-SSA2,52,2423
5. Sections 815.07, 815.09 to 815.12, 815.14, 815.15, 815.18 to 815.21, 815.25
24and 815.26 do not apply.
SB494-SSA2,53,4
16. Notwithstanding s. 815.29, the officer may not sell the personal property
2without 20 days advance notice. In addition to the notice required under s. 815.29,
3the officer to whom the execution is issued shall notify the obligor of the time and
4place of the sale of the personal property.
SB494-SSA2,53,85
7. If, prior to the sale of the personal property, the department or child support
6agency notifies the officer that the obligor has paid the amount owed together with
7any levy fees and costs under sub. (11) or that the custodial parent to whom the
8support is owed has died, the officer shall discontinue the execution.
SB494-SSA2,53,219
8. Sections 815.52 to 815.55 do not apply. The obligor may redeem the property
10prior to the date of the sale by payment of the full amount of support owed together
11with any levy fees and costs under sub. (11). The property may not be redeemed after
12it is sold. If the property is redeemed, the county child support agency shall issue a
13certificate upon redemption that includes the date of redemption, the amount of
14money paid and a description of the property redeemed. The certificate of
15redemption may be recorded in the office of the register of deeds. If titled property
16is redeemed, the department shall instruct the titling agency that the agency may
17transfer title to the property without receiving instructions from a court or the
18department under par. (a). Upon the sale of personal property on execution, the
19officer shall issue a certificate of sale to the purchaser within 10 days of the sale. If
20titled property is sold, the department shall instruct the titling agency to transfer
21title of the sold property to the purchaser.
SB494-SSA2,53,2422
(f)
Updating the lien docket. The department shall update the statewide
23support lien docket to remove a lien that is satisfied by an execution or sale under
24this subsection.
SB494-SSA2,54,8
1(7) Levying against real property. (a)
When notice of intent to levy required.
2To enforce a lien under this section by levying against real property, the department
3shall provide the obligor and all owners of the real property with a notice of intent
4to levy under par. (b) 1. A copy of the notice under par. (b) 1. shall be provided to the
5register of deeds in the county where the real property is located. A register of deeds
6receiving a notice of intent to levy under this paragraph shall file the notice of intent
7to levy. The department shall provide a notice of intent to levy under par. (b) 2. to
8any person having an interest of record in the real property.
SB494-SSA2,54,119
(b)
Content of notice of intent. 1. The notice provided under par. (a) to the
10obligor, to owners of the property and to the register of deeds shall include all of the
11following:
SB494-SSA2,54,1212
a. The name of the obligor and the amount of the support owed.
SB494-SSA2,54,1413
b. A description of the real property against which the department intends to
14levy.
SB494-SSA2,54,1615
c. A statement that the obligor may, within 20 business days after the date of
16the notice, request a hearing on the question of whether past-due support is owed.
SB494-SSA2,54,2017
d. A statement that a person, other than the obligor, who holds the real property
18jointly with the obligor may request a hearing within 20 business days after the date
19of the notice, to protect the portion of the jointly held real property that is
20attributable to his or her net contributions to the jointly held real property.
SB494-SSA2,54,2321
e. A statement that the hearing may be requested by submitting the request
22in writing and by mailing or delivering a copy of the request to the county child
23support agency.
SB494-SSA2,55,324
2. In addition to the information included under subd. 1. a. to c., the notice
25provided under par. (a) to a person having an interest of record in the real property
1shall include a request that the interest holder notify the department, within 10
2business days after receiving the notice, of the amount and nature of the person's
3interest in the property.
SB494-SSA2,55,244
(c)
Hearing. If a hearing is requested under par. (b) 1. c., the court or family
5court commissioner shall schedule a hearing within 10 business days after receiving
6the request under par. (b) 1. c. The hearing shall be limited to a review of whether
7the obligor owes the amount of support owed that is stated in the notice of intent
8under par. (b) and whether any alternative payment arrangement offered by the
9department or the county child support agency is reasonable. If the court or family
10court commissioner makes a written determination that an alternative payment
11arrangement offered by the department or county child support agency is not
12reasonable, the court or family court commissioner may order an alternative
13payment arrangement. If the court or family court commissioner orders an
14alternative payment arrangement, the court or family court commissioner shall
15order the department not to proceed with the levy. If the court or family court
16commissioner determines that the obligor does not owe support or owes less than the
17amount claimed by the department, the court shall order the department not to
18proceed with the levy or specify the amount that may be retained by the department
19after the sale of the seized property. If a family court commissioner conducts the
20hearing under this paragraph, the department or the obligor may, within 15 business
21days after the date that the family court commissioner makes his or her decision,
22request review of the decision by the court with jurisdiction over the action. The
23court reviewing the decision may order the department not to proceed with the levy
24of the property or may authorize the sale of the property by the department.
SB494-SSA2,56,13
1(d)
Final notice. Unless the department has been directed not to proceed with
2the levy in a hearing under par. (c) or unless the support owed and any levy fees and
3costs under sub. (11) have been paid, the department may send to the obligor a final
4notice of intent to seize and sell the property. The final notice may not be sent until
520 business days after the date of the notice of intent to levy under par. (a) or after
6any requested hearings under par. (c) have been completed. The final notice shall
7state that the department intends to issue an execution requiring the sheriff to seize
8and sell the property within 90 days of the date of the execution and that the obligor
9must vacate the property by the time of sale. The final notice shall include a notice
10of the obligor's right to redeem the property under par. (e) 8. The department shall
11provide a copy of any final notice under this paragraph to the register of deeds in the
12county where the real property is located. A register of deeds receiving a final notice
13under this paragraph shall file the final notice.
SB494-SSA2,56,1914
(e)
Execution and sale. After the department has sent the final notice under
15par. (d), the department may issue an execution on any real property identified in the
16notice to enforce a lien contained in the statewide support lien docket. The
17department shall provide a copy of an execution under this paragraph to the obligor
18and to any other person having an interest in the property. The provisions of ch. 815
19apply to the executions issued by the department, except as follows:
SB494-SSA2,56,2320
1. References to judgments shall be read as references to liens entered in the
21statewide support lien docket, references to debtors shall be read as references to
22obligors and references to the court or a judge shall be read as references to the
23department.
SB494-SSA2,57,3
12. Sections 815.01 to 815.04 do not apply. The department may not issue an
2execution more than 5 years after the date on which the lien was entered in the
3statewide support lien docket.
SB494-SSA2,57,74
3. Section 815.05 does not apply. If the department has delegated under sub.
5(17) its authority under this subsection, the execution shall be signed by the director
6of the child support agency that is initiating the real property seizure on behalf of the
7department. The execution shall include all of the following information:
SB494-SSA2,57,98
a. The date that a lien against the obligor was first entered on the child support
9lien docket.
SB494-SSA2,57,1110
b. The amount of past due child support that is owed at the time the execution
11is issued.
SB494-SSA2,57,1312
c. A legal description of the property against which the lien is to be executed.
13Including the location, of the property against which the lien is to be executed.
SB494-SSA2,57,1514
d. The street address or location of the property against which the lien is to be
15executed.
SB494-SSA2,57,1716
e. A directive to the officer to whom the execution is addressed to seize and sell
17the property within 90 days of the date of the execution.
SB494-SSA2,57,1918
4. The execution shall be made returnable under s. 815.06 to the department
19within 90 days, rather than 60 days, after its receipt by the officer.
SB494-SSA2,57,2120
5. Sections 815.07, 815.09 to 815.12, 815.14, 815.15, 815.18 to 815.21, 815.25
21and 815.26 do not apply.
SB494-SSA2,57,2422
6. In addition to the notice required under s. 815.31, the officer to whom the
23execution is issued shall notify the obligor of the time and place of the sale of the real
24property.
SB494-SSA2,58,4
17. If, prior to the sale of the real property, the department or child support
2agency notifies the officer that the obligor has paid the amount owed together with
3any levy fees and costs under sub. (11) or that the custodial parent to whom the
4support is owed has died, the officer shall discontinue the execution.
SB494-SSA2,58,135
8. Sections 815.38 to 815.55 do not apply. The obligor may redeem the property
6prior to the date of the sale by payment of the full amount of support owed together
7with any levy fees and costs under sub. (11). The property may not be redeemed after
8it is sold. If the property is redeemed, the county child support agency shall issue a
9certificate upon redemption that includes the date of redemption, the amount of
10money paid and a description of the property redeemed. The certificate of
11redemption may be recorded in the office of the register of deeds. Upon the sale of
12the real estate on execution, the officer shall issue a deed and a certificate of sale to
13the purchaser within 10 days of the sale.
SB494-SSA2,58,1814
9. The department may issue an administrative order directing a local law
15official to remove the obligor from the property if property is not vacated before the
16time of sale. A person occupying the property under claim of ownership, lease or
17month-to-month tenancy may not be removed except by proceedings under ch. 799
18or 843.
SB494-SSA2,58,1919
10. Sections 815.59 to 815.64 do not apply.
SB494-SSA2,58,2220
(f)
Updating the lien docket. The department shall update the statewide
21support lien docket to remove a lien that is satisfied by an execution or sale under
22this subsection.
SB494-SSA2,59,18
23(7m) Jointly held property. A person, other than the obligor, who holds a joint
24interest in property levied against under this section may request a hearing, as
25provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
1of the value of the property that is attributable to his or her net contribution to the
2property. If a hearing is requested under this subsection, the court or family court
3commissioner shall schedule a hearing within 10 days after receiving the request.
4The hearing shall be limited to determining the proportion of the value of the
5property that is attributable to the person's net contribution to the property. If more
6than one person requests a hearing under this subsection, or if the obligor requests
7a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same property, the
8court or family court commissioner may schedule the hearings together. The person
9requesting the hearing shall have the burden of proving his or her net contribution
10by clear and convincing evidence. If the court determines that a portion of the jointly
11held property is attributable to the contributions of the person, the court shall direct
12the department or the county child support agency to pay the person, from the net
13balance of the jointly held account or the net proceeds of the sale of the jointly held
14real or personal property, the proportion of the gross value of the account or real or
15personal property that is attributable to that person. If the family court
16commissioner conducts the hearing under this subsection, the person may, within 15
17business days after the date that the family court commissioner makes his or her
18decision, request review of the decision by the court with jurisdiction over the action.
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19(8) Duties to surrender; generally. Any person in possession of or obligated
20with respect to property or rights to property that is subject to levy under this section
21and upon which a levy has been made shall, upon demand of the department,
22surrender the property or rights or discharge the obligation to the department,
23except that part of the property or rights that is, at the time of the demand, subject
24to any prior attachment, execution under any judicial process, claim of ownership,
25lease or month-to-month tenancy.
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1(9) Notice. Any notice required to be provided under this section may be
2provided by sending the notice by regular mail to the last-known address of the
3person to whom notice is to be sent.
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4(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
5fee of $5 for each levy in any case where property is secured through the levy. The
63rd party shall deduct the fee from the proceeds of the levy.
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(b)
The department. The department may assess a collection fee to recover the
8department's costs incurred in levying against property under this section. The
9department shall determine its costs to be paid in all cases of levy. The obligor is
10liable to the department for the amount of the collection fee authorized under this
11paragraph. Fees collected under this paragraph shall be credited to the
12appropriation account under s. 20.445 (1) (L).
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13(12) Priorities and use of proceeds. (a)
Priorities. A lien under this section
14has the same priority, from the date that the lien is effective, as a judgment docketed
15under s. 806.15. The lien is effective for a period of 5 years from the date the lien
16becomes effective.
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(b)
Use of proceeds. After paying any liens on a property that have priority over
18a lien under this section, the department shall apply all proceeds from a sale of that
19property under this section first against the support in respect to which the levy was
20made and then against levy fees and costs under sub. (11).
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(c)
Refunds or credits. The department may refund or credit any amount left
22after the applications under par. (a), upon submission of a claim therefor and
23satisfactory proof of the claim, to the person entitled to that amount.
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24(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
25The department may release the levy upon all or part of property levied upon to
1facilitate the collection of the liability or to grant relief from a wrongful levy, but that
2release does not prevent any later levy.