AB100,867,8
3(8) Duties to surrender; generally. Any person in possession of or obligated
4with respect to property or rights to property that is subject to levy under this section
5and upon which a levy has been made shall, upon demand of the department,
6surrender the property or rights or discharge the obligation to the department,
7except that part of the property or rights that is, at the time of the demand, subject
8to any prior attachment or execution under any judicial process.
AB100,867,11
9(9) Notice. Any notice required to be provided under this section may be
10provided by sending the notice by regular mail to the last known address of the
11person to whom notice is to be sent.
AB100,867,15
12(10) Failure to surrender; enforcement of levy. (a)
Proceedings against
13obligor. Any obligor who fails or refuses to surrender any property or rights to
14property that is subject to levy, upon demand by the department, is subject to
15proceedings to enforce the amount of the levy.
AB100,867,2116
(b)
Proceedings against 3rd parties. A 3rd party who fails to surrender any
17property or rights to property subject to levy, upon demand of the department, is
18subject to proceedings to enforce the levy. The 3rd party is not liable to the
19department under this paragraph for more than 25% of the support owed. The
20department shall issue a determination to the 3rd party for the amount of the
21liability.
AB100,868,222
(c)
Surrender and discharge. When a 3rd party surrenders the property or
23rights to the property on demand of the department or discharges the obligation to
24the department for which the levy is made, the 3rd party is discharged from any
1obligation or liability to the obligor with respect to the property or rights to the
2property arising from the surrender or payment to the department.
AB100,868,5
3(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
4fee of $5 for each levy in any case where property is secured through the levy. The
53rd party shall deduct the fee from the proceeds of the levy.
AB100,868,116
(b)
The department. The department may assess a collection fee to recover the
7department's costs incurred in levying against property under this section. The
8department shall determine its costs to be paid in all cases of levy. The obligor is
9liable to the department for the amount of the collection fee authorized under this
10paragraph. Fees collected under this paragraph shall be credited to the
11appropriation account under s. 20.445 (1) (L).
AB100,868,15
12(12) Use of proceeds. (a)
Priorities. After paying any liens on a property that
13have priority over a lien under this section, the department shall apply all proceeds
14from a sale of that property under this section first against the support in respect to
15which the levy was made and then against levy fees and costs under sub. (11).
AB100,868,1816
(b)
Refunds or credits. The department may refund or credit any amount left
17after the applications under par. (a), upon submission of a claim therefor and
18satisfactory proof of the claim, to the person entitled to that amount.
AB100,868,22
19(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
20The department may release the levy upon all or part of property levied upon to
21facilitate the collection of the liability or to grant relief from a wrongful levy, but that
22release does not prevent any later levy.
AB100,869,223
(b)
Settlement. If the county child support agency accepts a plan for the
24payment of support owed by an obligor, the department shall suspend all actions to
1enforce a lien under this section as long as the obligor remains in compliance with
2the payment plan.
AB100,869,6
3(14) Wrongful levy. If the department determines that property has been
4wrongfully levied upon, the department may return the property at any time, or may
5return an amount of money equal to the amount of money, or value of the property,
6levied upon.
AB100,869,22
7(15) Actions against this state. (a)
Commencement of actions. If the
8department has levied upon property, any person, other than the obligor who is liable
9to pay the support out of which the levy arose, who claims an interest in or lien on
10that property and claims that that property was wrongfully levied upon may bring
11a civil action against the state in the circuit court for Dane County. If the county child
12support agency has levied upon property pursuant to delegated authority under sub.
13(17), any person, other than the obligor who is liable to pay the support out of which
14the levy arose, who claims an interest in or lien on that property and claims that that
15property was wrongfully levied upon may bring a civil action against the county child
16support agency in the circuit court for the county where the court order for the
17payment of support, upon which the seizure is based, was first entered or last
18modified. That action may be brought whether or not that property has been
19surrendered to the department or the county child support agency. The court may
20grant only the relief under par. (b). No other action to question the validity of or
21restrain or enjoin a levy by the department or a county child support agency may be
22maintained.
AB100,870,223
(b)
Remedies. In an action under par. (a), if a levy would irreparably injure
24rights to property, the court may enjoin the enforcement of that levy. If the court
1determines that the property has been wrongfully levied upon, it may grant a
2judgment for the amount of money obtained by levy.
AB100,870,53
(c)
Validity of determination. For purposes of an adjudication under this
4subsection, the support obligation upon which the lien is based is conclusively
5presumed to be valid.
AB100,870,11
6(16) Restriction on employment penalties by reason of levy. No employer
7may discharge or otherwise discriminate with respect to the terms and conditions of
8employment against any employe by reason of the fact that his or her property has
9been subject to levy for any one levy or because of compliance with any provision of
10this section. Whoever wilfully violates this subsection may be fined not more than
11$1,000 or imprisoned for not more than one year or both.
AB100,870,15
12(17) Delegation. The department may delegate any duties or powers given to
13the department under this section to county child support agencies, except that the
14department must approve the initiation of any levy proceedings under sub. (7) and
15any final notice provided under sub. (7) (d).
AB100,870,17
16(18) Preservation of remedies. The availability of the remedies under this
17section does not abridge the right of the department to pursue other remedies.
AB100, s. 1988
18Section
1988. 49.855 (1) of the statutes is amended to read:
AB100,871,219
49.855
(1) If a person obligated to provide child support
, family support or
20maintenance is delinquent in making court-ordered payments, or owes an
21outstanding amount that has been ordered by the court for past support, medical
22expenses or birth expenses, the clerk of circuit court or county support collection
23designee under s.
59.07 (97m) 59.53 (5m), whichever is appropriate, upon application
24of the county designee under s. 59.53 (5) or the department of industry, labor and job
1development, shall certify the delinquent payment or outstanding amount to the
2department of industry, labor and job development.
AB100, s. 1989
3Section
1989
. 49.855 (1) and (2) of the statutes, as affected by 1997 Wisconsin
4Act .... (this act), are consolidated, renumbered 49.855 (1) and amended to read:
AB100,871,165
49.855
(1) If a person obligated to provide child support, family support or
6maintenance is delinquent in making court-ordered payments, or owes an
7outstanding amount that has been ordered by the court for past support, medical
8expenses or birth expenses,
the clerk of circuit court or county support collection
9designee under s. 59.53 (5m), whichever is appropriate, upon application
of the
10county designee under s. 59.53 (5)
or the department of industry, labor and job
11development
, shall certify the delinquent payment or outstanding amount to the
12department of
industry, labor and job development. (2) At least annually, the
13department of industry, labor and job development revenue and, at least annually, 14shall provide to the department of revenue
the certifications that it receives under
15sub. (1) and any certifications of delinquencies or outstanding amounts that it
16receives from another state because the obligor resides in this state.
AB100, s. 1990
17Section
1990. 49.855 (2p) of the statutes is created to read:
AB100,871,2018
49.855
(2p) At least annually, the department of corrections shall certify to the
19department of revenue any obligation owed to the department of corrections under
20s. 301.12 if the obligation is rendered to a judgment.
AB100, s. 1991
21Section
1991. 49.855 (3) of the statutes is amended to read:
AB100,872,1722
49.855
(3) Receipt of a certification by the department of revenue shall
23constitute a lien, equal to the amount certified, on any state tax refunds or credits
24owed to the obligor. The lien shall be foreclosed by the department of revenue as a
25setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
1that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
2obligor that the state intends to reduce any state tax refund or credit due the obligor
3by the amount the obligor is delinquent under the support or maintenance order, by
4the outstanding amount for past support, medical expenses or birth expenses under
5the court order or by the amount due under s. 46.10 (4)
or 301.12 (4). The notice shall
6provide that within 20 days the obligor may request a hearing before the circuit court
7rendering the order. Within 10 days after receiving a request for hearing under this
8subsection, the court shall set the matter for hearing. Pending further order by the
9court or family court commissioner, the clerk of circuit court or county support
10collection designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the
11obligor's state tax refund or credit. The family court commissioner may conduct the
12hearing. The sole issues at that hearing shall be whether the obligor owes the
13amount certified and, if not and it is a support or maintenance order, whether the
14money withheld from a tax refund or credit shall be paid to the obligor or held for
15future support or maintenance. An obligor may, within 20 days of receiving notice
16that the amount certified shall be withheld from his or her federal tax refund or
17credit, request a hearing under this subsection.
AB100, s. 1992
18Section
1992
. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act ....
19(this act), is amended to read:
AB100,873,1620
49.855
(3) Receipt of a certification by the department of revenue shall
21constitute a lien, equal to the amount certified, on any state tax refunds or credits
22owed to the obligor. The lien shall be foreclosed by the department of revenue as a
23setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
24that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
25obligor that the state intends to reduce any state tax refund or credit due the obligor
1by the amount the obligor is delinquent under the support or maintenance order, by
2the outstanding amount for past support, medical expenses or birth expenses under
3the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
4provide that within 20 days the obligor may request a hearing before the circuit court
5rendering the order. Within 10 days after receiving a request for hearing under this
6subsection, the court shall set the matter for hearing. Pending further order by the
7court or family court commissioner, the
clerk of circuit court or county support
8collection designee under s. 59.53 (5m) department of industry, labor and job
9development or its designee, whichever is appropriate, is prohibited from disbursing
10the obligor's state tax refund or credit. The family court commissioner may conduct
11the hearing. The sole issues at that hearing shall be whether the obligor owes the
12amount certified and, if not and it is a support or maintenance order, whether the
13money withheld from a tax refund or credit shall be paid to the obligor or held for
14future support or maintenance. An obligor may, within 20 days of receiving notice
15that the amount certified shall be withheld from his or her federal tax refund or
16credit, request a hearing under this subsection.
AB100, s. 1993
17Section
1993. 49.855 (4) of the statutes is amended to read:
AB100,874,918
49.855
(4) The department of revenue shall send that portion of any state or
19federal tax refunds or credits withheld for delinquent child support or maintenance
20or past support, medical expenses or birth expenses to the department of industry,
21labor and job development
or its designee for distribution to the
appropriate clerk of
22circuit court or county support collection designee under s. 59.07 (97m) obligee. The
23department of industry, labor and job development shall make a settlement at least
24annually with the department of revenue
and with each clerk of circuit court or
25county support collection designee under s. 59.07 (97m) who has certified a
1delinquent obligation or outstanding amount for past support, medical expenses or
2birth expenses. The settlement shall state the amounts certified, the amounts
3deducted from tax refunds and credits
and returned to the clerk of circuit court or
4county support collection designee under s. 59.07 (97m) and the administrative costs
5incurred by the department of revenue.
The department of industry, labor and job
6development may charge the county whose clerk of circuit court or support collection
7designee under s. 59.07 (97m) certified the obligation or outstanding amount the
8related administrative costs incurred by the department of industry, labor and job
9development and the department of revenue.
AB100, s. 1994
10Section
1994. 49.855 (4m) (b) of the statutes is amended to read:
AB100,875,911
49.855
(4m) (b) The department of revenue may provide a certification that it
12receives under sub. (2)
or, (2m)
or (2p) to the department of administration. Upon
13receipt of the certification, the department of administration shall determine
14whether the obligor is a vendor or is receiving any other payments from this state,
15except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1645.351 (1), this chapter or ch. 46
or, 108
or 301. If the department of administration
17determines that the obligor is a vendor or is receiving payments from this state,
18except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1945.351 (1), this chapter or ch. 46
or, 108
or 301, it shall begin to withhold the amount
20certified from those payments and shall notify the obligor that the state intends to
21reduce any payments due the obligor by the amount the obligor is delinquent under
22the support or maintenance order, by the outstanding amount for past support,
23medical expenses or birth expenses under the court order or by the amount due under
24s. 46.10 (4)
or 301.12 (4). The notice shall provide that within 20 days after receipt
25of the notice the obligor may request a hearing before the circuit court rendering the
1order. An obligor may, within 20 days after receiving notice, request a hearing under
2this paragraph. Within 10 days after receiving a request for hearing under this
3paragraph, the court shall set the matter for hearing. The family court commissioner
4may conduct the hearing. Pending further order by the court or family court
5commissioner, the clerk of circuit court or county support collection designee under
6s.
59.07 (97m) 59.53 (5m) may not disburse the payments withheld from the obligor.
7The sole issues at the hearing are whether the obligor owes the amount certified and,
8if not and it is a support or maintenance order, whether the money withheld shall be
9paid to the obligor or held for future support or maintenance.
AB100, s. 1995
10Section
1995
. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin
11Act .... (this act), is amended to read:
AB100,876,1112
49.855
(4m) (b) The department of revenue may provide a certification that it
13receives under sub.
(2) (1), (2m) or (2p) to the department of administration. Upon
14receipt of the certification, the department of administration shall determine
15whether the obligor is a vendor or is receiving any other payments from this state,
16except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1745.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration
18determines that the obligor is a vendor or is receiving payments from this state,
19except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
2045.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount
21certified from those payments and shall notify the obligor that the state intends to
22reduce any payments due the obligor by the amount the obligor is delinquent under
23the support or maintenance order, by the outstanding amount for past support,
24medical expenses or birth expenses under the court order or by the amount due under
25s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt
1of the notice the obligor may request a hearing before the circuit court rendering the
2order. An obligor may, within 20 days after receiving notice, request a hearing under
3this paragraph. Within 10 days after receiving a request for hearing under this
4paragraph, the court shall set the matter for hearing. The family court commissioner
5may conduct the hearing. Pending further order by the court or family court
6commissioner, the
clerk of circuit court or county support collection designee under
7s. 59.53 (5m) department of industry, labor and job development or its designee,
8whichever is appropriate, may not disburse the payments withheld from the obligor.
9The sole issues at the hearing are whether the obligor owes the amount certified and,
10if not and it is a support or maintenance order, whether the money withheld shall be
11paid to the obligor or held for future support or maintenance.
AB100, s. 1996
12Section
1996. 49.855 (4m) (c) of the statutes is amended to read:
AB100,876,1913
49.855
(4m) (c) Except as provided by order of the court after hearing under
14par. (b), the department of administration shall continue withholding until the
15amount certified is recovered in full. The department of administration shall
16transfer the amounts withheld under this paragraph to the department of industry,
17labor and job development for distribution to the appropriate clerk of court, county
18support collection designee under
s. 59.07 (97m) or
59.53 (5m), department of health
19and family services
or department of corrections, whichever is appropriate.
AB100, s. 1997
20Section
1997. 49.855 (4m) (c) of the statutes, as affected by 1995 Wisconsin
21Act .... (this act), is amended to read:
AB100,877,622
49.855
(4m) (c) Except as provided by order of the court after hearing under
23par. (b), the department of administration shall continue withholding until the
24amount certified is recovered in full. The department of administration shall
25transfer the amounts withheld under this paragraph to the department of industry,
1labor and job development
for distribution to the appropriate clerk of court, county
2support collection designee under s. 59.53 (5m) or its designee, department of health
3and family services or department of corrections, whichever is appropriate.
The
4department of industry, labor and job development or its designee shall distribute
5amounts withheld for delinquent child or family support or maintenance or past
6support, medical expenses or birth expenses to the obligee.
AB100, s. 1998
7Section
1998. 49.855 (5) of the statutes is amended to read:
AB100,877,178
49.855
(5) Certification of an obligation to the department of
industry, labor
9and job development revenue does not deprive any party of the right to collect the
10obligation or to prosecute the obligor. The
clerk of court or county support collection
11designee under s. 59.07 (97m), whichever is appropriate, department of industry,
12labor and job development or its designee shall immediately notify the department
13of
industry, labor and job development revenue of any collection of an obligation that
14has been certified
by the clerk of court or county support collection designee under
15s. 59.07 (97m). The department of industry, labor and job development shall correct
16the certified obligation according to the amount the county has collected and report
17the correction to the department of revenue.
AB100, s. 1999
18Section
1999. 49.855 (6) of the statutes is amended to read:
AB100,877,2119
49.855
(6) If the state implements the child and spousal support and paternity
20program under
s. ss. 49.22 and 59.53 (5), the state may act under this section in place
21of the county
designee child support agency under s.
59.07 (97) 59.53 (5).
AB100, s. 2000
22Section
2000. 49.855 (7) of the statutes is amended to read:
AB100,878,323
49.855
(7) The department of industry, labor and job development may provide
24a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
25(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
145.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1)
2(c), 234.59 (3) (c), 234.65 (3) (f),
234.83 (2) (a) 3., 234.90 (3) (d) or (3g) (c),
234.905 (3)
3(d), 281.65 (8) (L) or 949.08 (2) (g).
AB100, s. 2001
4Section
2001. 49.856 of the statutes is created to read:
AB100,878,5
549.856 Notification of delinquent payments. (1) In this section:
AB100,878,66
(a) "Agency" means the county child support agency under s. 59.53 (5).
AB100,878,87
(b) "Department" means the department of industry, labor and job
8development.
AB100,878,139
(c) "Obligor" means a person who owes a delinquent child support, family
10support or maintenance payment or who owes an outstanding amount that has been
11ordered by a court for past support, medical expenses or birth expenses and that
12delinquent payment or outstanding amount has been certified by the department
13under s. 49.855.
AB100,879,2
14(2) If the department certifies a delinquent payment or outstanding amount
15under s. 49.855 (1) and the obligor receives a judgment against another person or has
16settled a lawsuit against another person that provides for the payment of money, the
17department or agency may send a notice to any person who is ordered to pay the
18judgment, who has agreed to the settlement or who holds the amount of the judgment
19or settlement in trust. The notice shall inform the person that the amount of the
20judgment or settlement due the obligor is subject to a lien by the department for the
21payment of the delinquent payment or outstanding amount certified under s. 49.855.
22The notification shall include the name and address of the obligor and the total
23amount certified under s. 49.855. Upon receipt of a notification, the person receiving
24the notification shall withhold an amount equal to the amount certified under s.
149.855 before making any payment under the judgment or pursuant to the
2settlement.
AB100,879,5
3(3) When the department or agency notifies a person under sub. (2), the
4department or agency shall send a notice to the last-known address of the obligor.
5The notice shall do all of the following:
AB100,879,106
(a) Inform the obligor that the department or agency notified the person who
7owes money to the obligor or who holds money in trust for the obligor under a
8judgment or pursuant to a settlement to withhold the amount that was certified
9under s. 49.855 from any lump sum payment that may be paid to the obligor as a
10result of the judgment or settlement.
AB100,879,1311
(b) Inform the obligor that he or she may request a hearing before the circuit
12court that rendered the order to pay support, maintenance, medical expenses or birth
13expenses within 20 days after receipt of this notice.
AB100,879,1714
(c) Inform the obligor that if a hearing is requested under par. (b) the
15department or agency will not require the person withholding the amount to send the
16amount to that department or agency until a final decision is issued in response to
17the request for a hearing.
AB100,879,1918
(d) Request that the obligor inform the department or agency if a bankruptcy
19stay is in effect with respect to the obligor.
AB100,879,24
20(4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall,
21within 10 days after receiving the request, set the matter for a hearing. The only
22issue at the hearing shall be whether the person owes the delinquent payment or
23outstanding amount certified under s. 49.855. A family court commissioner may
24conduct the hearing.
AB100,880,13
1(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
2equal to the amount certified, on any lump sum payment resulting from a judgment
3or settlement that may be due the obligor. The department or agency shall notify the
4person who received the notification under sub. (2) that the obligor has not requested
5a hearing or, if he or she has requested a hearing, of the results of that hearing, and
6of the responsibilities of the person who received the notification under sub. (2),
7including the requirement to submit the amount certified under s. 49.855. Use of the
8procedures under this section does not prohibit the department or agency from
9attempting to recover the amount certified under s. 49.855 through other legal
10means. The department or agency shall promptly notify any person who receives
11notification under sub. (2) if the amount certified under s. 49.855 has been recovered
12by some other means and no longer must be withheld from the judgment or
13settlement under this section.
AB100, s. 2002
14Section
2002. 49.857 of the statutes is created to read:
AB100,880,16
1549.857 Administrative enforcement of support; denial, nonrenewal,
16restriction and suspension of licenses. (1) In this section:
AB100,880,1817
(a) "Credential" means a license, permit, certificate or registration that is
18granted under chs. 440 to 480.
AB100,880,2119
(b) "Credentialing board" means a board, examining board or affiliated
20credentialing board in the department of regulation and licensing that grants a
21credential.
AB100,880,2222
(c) "License" means any of the following:
AB100,880,2323
1. A license issued under s. 13.63 or a registration issued under s. 13.64.
AB100,880,2424
2. An approval specified in s. 29.091 (1).
AB100,880,2525
3. A license issued under s. 48.66 (1).
AB100,881,4
14. A certification, license, training permit, registration, approval or certificate
2issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
3252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
4(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB100,881,55
5. A business tax registration certificate issued under s. 73.03 (50).
AB100,881,76
6. A license, registration, registration certificate or certification specified in s.
793.135 (1).
AB100,881,98
7. A license, permit or certificate of certification or registration specified in s.
9101.02 (21) (a).
AB100,881,1010
8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.
AB100,881,1111
9. A permit issued under s. 103.25 or 103.70.
AB100,881,1212
10. A certificate issued under s. 103.275, 103.91 or 103.92.
AB100,881,1313
11. A license or permit issued under chs. 115 and 118.
AB100,881,1514
12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06,
15218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.
AB100,881,1616
13. A permit issued under s. 170.12.
AB100,881,1717
14. A certification under s. 165.85.
AB100,881,1918
15. A license, permit or registration issued under s. 218.01, 218.11, 218.12,
19218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.
AB100,881,2020
16. A license, registration or certification specified in s. 299.08 (1) (a).
AB100,881,2221
17. A license issued under ch. 343 or, with respect to restriction, limitation or
22suspension, an individual's operating privilege, as defined in s. 340.01 (40).
AB100,881,2323
18. A credential.
AB100,881,2424
19. A license issued under s. 563.24 or ch. 562.
AB100,882,2
120. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary
2license issued under s. 628.09.
AB100,882,33
21. A license to practice law.
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(d) "Licensing agency" means a board, office or commissioner, department or
5division within a department that grants or issues a license, but does not include a
6credentialing board.