AB651,49,1717
(f) "Support" means any of the following:
AB651,49,1818
1. Child or family support.
AB651,49,1919
2. Maintenance.
AB651,49,2020
3. Medical expenses of a child.
AB651,49,2121
4. Birth expenses.
AB651,49,2222
5. Any accrued interest on delinquent amounts under subds. 1. to 4.
AB651,50,2
23(2) Creation of lien; satisfaction. (a)
Creation. If a person obligated to pay
24support fails to pay any court-ordered amount of support, that amount becomes a
1lien in favor of the department upon all property of the person when the lien is
2entered in the statewide support lien docket under par. (b).
AB651,50,73
(b)
Statewide support lien docket. The department shall maintain a statewide
4support lien docket. For each county in the state, the department shall provide a copy
5of the statewide support lien docket to the register of deeds or the county child
6support agency. Each entry in the statewide support lien docket shall contain the
7name and the social security number of the obligor.
AB651,50,108
(c)
Updating the statewide support lien docket. The department shall update
9the statewide support lien docket in response to orders issued by a court or family
10court commissioner.
AB651,50,2011
(d)
Amount of lien; satisfaction. The amount of any support obligation that is
12a lien under this subsection may be determined by requesting that information from
13the county child support agency or the register of deeds, as specified by the
14department. Payment of the full amount that is delinquent at the time of payment
15to that county child support agency extinguishes that lien. Upon request, the county
16child support agency shall furnish to the payer of the delinquent amount a
17satisfaction of lien showing that the amount of support owed has been paid in full and
18that the person no longer owes the delinquent amount. The satisfaction of lien may
19be recorded in the office of the register of deeds for any county in which real or
20personal property of the person who owed the support is located.
AB651,51,6
21(3) Notification and appeal of automatic lien. (a)
Notice and hearing. When
22a delinquent support obligation is included in the statewide support lien docket, the
23department shall provide notice to the obligor that a lien exists with respect to the
24delinquent support obligation. The notice shall inform the obligor that the lien is in
25effect and that the obligor may, within a 20-day period, by motion, request a court
1hearing on the issue of whether support is owed by the obligor. If the obligor makes
2a timely request for a hearing under this subsection, the court or family court
3commissioner shall schedule a hearing within 10 business days after the date of the
4request. If, at the hearing, the obligor establishes that the lien is not proper because
5of a mistake of fact, the court or family court commissioner shall order the
6department to remove the lien from the statewide support lien docket.
AB651,51,137
(b)
Appeal. If a family court commissioner conducts the hearing under par. (a),
8the department or the obligor may, within 15 business days after the date of the
9decision by the family court commissioner, request review of the decision by the court
10having jurisdiction over the action. The court conducting the review may order that
11the lien be withdrawn from the statewide support lien dockets. If no appeal is sought
12or the court does not order the withdrawal of the lien, the department may take
13appropriate actions to enforce the lien.
AB651,51,21
14(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
15to pay the support owed by the obligor after the department has made demand for
16payment, the department may collect that support and the levy fees and costs under
17sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
18to (7). Whenever the value of any property that has been levied upon under this
19subsection is not sufficient to satisfy the claim of the department, the department
20may levy upon any additional property of the obligor until the support owed and levy
21costs are fully paid.
AB651,51,22
22(5) Levying against financial accounts. (a)
Definitions. In this subsection:
AB651,51,2323
1. "Account" has the meaning given in s. 49.853 (1) (a).
AB651,51,2424
2. "Financial institution" has the meaning given in s. 49.853 (1) (c).
AB651,52,10
1(b)
Notice to the financial institution. To enforce a lien under this section by
2levying against an account at a financial institution, the department shall send a
3notice of levy to the financial institution instructing the financial institution to
4prohibit the closing of or withdrawals from one or more accounts that the obligor
5owns in whole or in part, up to a total amount that is sufficient to pay the support
6owed, financial institution fees under par. (e) and estimated levy fees and costs under
7sub. (11), until further notice from the department or a court. If the financial
8institution has not received instructions from the department or a court to release
9the funds within 21 days of the date of the notice of levy, the financial institution shall
10remit the amount specified in the notice to the department.
AB651,52,1711
(d)
Notice to the obligor. No later than the next day after the department sends
12notice of levy to the financial institution under par. (b), the department shall send
13a copy of the notice of levy to the obligor. The department shall also send a copy of
14the notice of levy to any other person in whose name the account is held. The notices
15required under this paragraph shall be in the form determined by the department,
16however the notice sent to the obligor shall include language stating all of the
17following:
AB651,52,1818
1. That the obligor has been certified as delinquent in paying support.
AB651,52,1919
2. The amount of the support owed.
AB651,52,2120
3. The financial institution to which the department sent the notice under par.
21(b).
AB651,52,2422
4. That one or more accounts owned in whole or in part by the obligor at the
23financial institution have been frozen, up to a total amount that is sufficient pay the
24support owed, the department's levy costs and financial institution fees.
AB651,53,3
15. That, unless the financial institution has received instructions from the
2department or a court to release the funds within 21 days of the date of the notice of
3levy, the financial institution will remit the funds to the department.
AB651,53,54
6. That, the obligor may request a hearing within 20 days after the date of the
5notice.
AB651,53,76
7. The address to which the request for hearing must be mailed or delivered in
7order to schedule a hearing.
AB651,53,148
(e)
Financial institution fees. In addition to the levy fee authorized under sub.
9(11) (a), a financial institution may collect any early withdrawal penalty incurred
10under the terms of an account as a result of the levy. Financial institution fees
11authorized under this paragraph may be charged to the account immediately prior
12to the remittance of the amount to the department under par. (a) and may be charged
13even if the amounts in the obligor's accounts are insufficient to pay the total amount
14of support owed and the department's levy costs under sub. (11) (b).
AB651,53,2315
(f)
Hearings. A hearing requested under par. (d) 6. shall be conducted before
16the circuit court rendering the order to pay support. Within 10 business days after
17receiving a request for hearing under par. (d) 6., the court shall set the matter for
18hearing. The family court commissioner may conduct the hearing. The sole issue at
19the hearing shall be whether the account holder owes the amount of support
20certified. If the court or family court commissioner determines that the account
21holder does not owe support or owes less than the amount claimed by the
22department, the department shall return the seized funds or the excess of the seized
23funds over the amount of the delinquency to the account holder.
AB651,54,6
24(6) Levying against other personal property. (a)
When notice of seizure
25required. If the department has enforced a lien under this section by levying against
1personal property, the department shall immediately notify the obligor that the
2property has been seized. The department shall provide the notice of seizure under
3this paragraph to any person known to have a lien on the property and, if the property
4is titled, to the state agency that titles the property. A state agency receiving a notice
5under this paragraph may not transfer title to the personal property described in the
6notice, except on the instructions of a court or the department.
AB651,54,87
(b)
Content of notice of seizure. The notice provided under par. (a) shall include
8all of the following:
AB651,54,99
1. The name of the obligor and the amount of the support owed.
AB651,54,1010
2. A description of the personal property seized.
AB651,54,1311
3. A statement that the obligor may, within 20 business days after the date of
12the notice, request a hearing on the questions of whether past-due support is owed
13and whether the property was wrongfully seized.
AB651,54,1514
4. A statement that the hearing may be requested by filing a motion with the
15court issuing the order to pay the support.
AB651,55,516
(c)
Hearing. If a hearing is requested under par. (b) 4., the court or family court
17commissioner shall schedule a hearing within 10 business days after receiving the
18request under par. (b) 4. If, at the hearing, the obligor establishes that the seizure
19of the personal property was not proper because of a mistake of fact, the court or
20family court commissioner shall direct that the department or its designee return the
21seized personal property within 15 business days. If a family court commissioner
22conducts the hearing under this paragraph, the department or the obligor may,
23within 15 business days after the date that the family court commissioner made his
24or her decision, request review of the decision by the court with jurisdiction over the
25action. The court reviewing the decision may order the department to return the
1seized property or may authorize the sale of the property by the department. If the
2department is ordered to return seized property under this paragraph, the court
3shall instruct any state agency responsible for titling the property that it may
4transfer title to the property without receiving instructions from a court or the
5department under par. (a).
AB651,55,96
(d)
Notice of sale. As soon as practicable after seizing the personal property and
7after any requested hearings are conducted under par. (c), the department shall send
8a notice to the obligor indicating when and where the property will be sold. The
9department shall publish or post the time and date of sale.
AB651,55,1510
(e)
Redemption. At any time after receiving the notice of sale under par. (d),
11but before the property is sold, the obligor may redeem the property by paying the
12total past-due support owed together with any levy fees and costs under sub. (11).
13If the obligor redeems the property, the department shall instruct the titling agency
14that the agency may transfer title to the property without receiving instructions from
15a court or the department under par. (a).
AB651,55,2116
(f)
Sale. The date of sale must be no more than 60 days after the date of the
17notice of sale under par. (d). The department shall give the purchaser of property
18under this paragraph a certificate of sale upon payment in full of the purchase price.
19If the property seized and sold is titled property, the department shall direct the state
20agency that titled the property to transfer the title of the property to the purchaser
21of the property.
AB651,56,5
22(7) Levying against real property. (a)
When notice of intent to levy required.
23To enforce a lien under this section by levying against real property, the department
24shall provide the obligor with a notice of intent to levy. A copy of the notice shall be
25provided to the register of deeds in the county where the real property is located and
1to any persons known to have a lien against the real property. A register of deeds
2receiving a notice of intent to levy under this paragraph shall file the notice of intent
3to levy. After receiving a notice of intent to levy under this paragraph, the register
4of deeds may not record a deed for the property, except on the instructions of a court
5or the department.
AB651,56,76
(b)
Content of notice of intent. The notice provided under par. (a) shall include
7all of the following:
AB651,56,88
1. The name of the obligor and the amount of the support owed.
AB651,56,109
2. A description of the real property against which the department intends to
10levy.
AB651,56,1211
3. A statement that the obligor may, within 20 business days after the date of
12the notice, request a hearing on the question of whether past-due support is owed.
AB651,56,1413
4. A statement that the hearing may be requested by filing a motion with the
14court issuing the order to pay the support.
AB651,56,1715
5. In notices being provided to known lienholders, a request that the lienholder
16notify the department, within 10 days after receiving the notice under par. (a), of the
17amount of the lienholder's lien on the property.
AB651,57,318
(c)
Hearing. If a hearing is requested under par. (b) 4., the court or family court
19commissioner shall schedule a hearing within 10 business days after receiving the
20request under par. (b) 4. If, at the hearing, the obligor establishes that enforcing a
21lien against the real property would not be proper because of a mistake of fact, the
22court or family court commissioner shall direct the department not to proceed with
23the levy. If a family court commissioner conducts the hearing under this paragraph,
24the department or the obligor may, within 15 business days after the date that the
25family court commissioner made his or her decision, request review of the decision
1by the court with jurisdiction over the action. The court reviewing the decision may
2direct the department not to proceed with the levy or may authorize the sale of the
3property by the department.
AB651,57,174
(d)
Final notice. Unless the department has been directed not to proceed with
5the levy in a hearing under par. (c) or unless the obligor has paid the support owed
6and any levy fees and costs under sub. (11), the department may send to the obligor
7a final notice of intent to seize and sell the property. The final notice may not be sent
8until 20 days after the date of the notice of intent to levy under par. (a) or after any
9requested hearings under par. (c) have been completed. The final notice shall include
10a date by which the obligor must vacate the premises and a date on which the
11property will be sold, unless the obligor pays the support owed and any levy fees and
12costs under sub. (11). The date in the notice by which the obligor must vacate the
13premises must be at least 60 days after the date that the final notice is sent and the
14date of sale must be at least 90 days after the date that the final notice is sent. The
15department shall provide a copy of any final notice under this paragraph to the
16register of deeds in the county where the real property is located. A register of deeds
17receiving a final notice under this paragraph shall file the final notice.
AB651,58,218
(e)
Sale. The department shall publicly advertise the time and place of the sale
19of real property seized under this subsection in the manner specified under s. 815.31
20(1) to (3). The obligor may redeem the property prior to the date of sale by paying the
21full amount of support owed together with any levy fees and costs under sub. (11).
22If the obligor has failed to redeem the property and has failed to vacate the property
23prior to the date specified in the final notice, the department may issue an
24administrative order directing a local law enforcement agency or official to escort the
25obligor and any other residents off the property. The department shall establish
1procedures for conducting sales of property under this paragraph and for issuing
2deeds to property sold under this paragraph.
AB651,58,8
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.
AB651,58,11
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.
AB651,58,14
12(11) Levy fees and costs. (a)
Third parties. Any 3rd party is entitled to a levy
13fee of $5 for each levy in any case where property is secured through the levy. The
143rd party shall deduct the fee from the proceeds of the levy.
AB651,58,2015
(b)
The department. The department may assess a collection fee to recover the
16department's costs incurred in levying against property under this section. The
17department shall determine its costs to be paid in all cases of levy. The obligor is
18liable to the department for the amount of the collection fee authorized under this
19paragraph. Fees collected under this paragraph shall be credited to the
20appropriation account under s. 20.445 (1) (L).
AB651,58,24
21(12) Priorities and use of proceeds. (a)
Priorities. A lien on property that is
22entered in the statewide support lien docket has priority over all other liens on the
23property that are unperfected at the time that the lien is entered in the statewide
24support lien docket.
AB651,59,4
1(b)
Use of proceeds. After paying any liens on a property that have priority over
2a lien under this section, the department shall apply all proceeds from a sale of that
3property under this section first against the support in respect to which the levy was
4made and then against levy fees and costs under sub. (11).
AB651,59,75
(c)
Refunds or credits. The department may refund or credit any amount left
6after the applications under par. (a), upon submission of a claim therefor and
7satisfactory proof of the claim, to the person entitled to that amount.
AB651,59,11
8(13) Release of levy; suspension of proceedings to enforce lien. (a)
Release.
9The department may release the levy upon all or part of property levied upon to
10facilitate the collection of the liability or to grant relief from a wrongful levy, but that
11release does not prevent any later levy.
AB651,59,1512
(b)
Settlement. If the county child support agency accepts a plan for the
13payment of support owed by an obligor, the department shall suspend all actions to
14enforce a lien under this section as long as the obligor remains in compliance with
15the payment plan.
AB651,59,19
16(14) Wrongful levy. If the department determines that property has been
17wrongfully levied upon, the department may return the property at any time, or may
18return an amount of money equal to the amount of money, or value of the property,
19levied upon.
AB651,60,10
20(15) Actions against this state. (a)
Commencement of actions. If the
21department has levied upon property, any person, other than the obligor who is liable
22to pay the support out of which the levy arose, who claims an interest in or lien on
23that property and claims that that property was wrongfully levied upon may bring
24a civil action against the state in the circuit court for Dane County. If the county child
25support agency has levied upon property pursuant to delegated authority under sub.
1(17), any person, other than the obligor who is liable to pay the support out of which
2the levy arose, who claims an interest in or lien on that property and claims that that
3property was wrongfully levied upon may bring a civil action against the county child
4support agency in the circuit court for the county where the court order for the
5payment of support, upon which the seizure is based, was first entered or last
6modified. That action may be brought whether or not that property has been
7surrendered to the department or the county child support agency. The court may
8grant only the relief under par. (b). No other action to question the validity of or
9restrain or enjoin a levy by the department or a county child support agency may be
10maintained.
AB651,60,1411
(b)
Remedies. In an action under par. (a), if a levy would irreparably injure
12rights to property, the court may enjoin the enforcement of that levy. If the court
13determines that the property has been wrongfully levied upon, it may grant a
14judgment for the amount of money obtained by levy.
AB651,60,1715
(c)
Validity of determination. For purposes of an adjudication under this
16subsection, the support obligation upon which the lien is based is conclusively
17presumed to be valid.
AB651,60,21
18(17) Delegation and power to contract. (a) The department may delegate any
19duties or powers given to the department under this section to county child support
20agencies, except that the department must approve the initiation of any levy
21proceedings under sub. (7).
AB651,60,2322
(b) The department may contract with a county sheriff to sell property seized
23under subs. (6) and (7).
AB651,60,25
24(18) Preservation of remedies. The availability of the remedies under this
25section does not abridge the right of the department to pursue other remedies.
AB651, s. 68
1Section
68. 49.856 of the statutes is created to read:
AB651,61,2
249.856 Notification of delinquent payments. (1) In this section:
AB651,61,33
(a) "Agency" means the county child support agency under s. 59.53 (5).
AB651,61,44
(b) "Department" means the department of workforce development.
AB651,61,95
(c) "Obligor" means a person who owes a delinquent child support, family
6support or maintenance payment or who owes an outstanding amount that has been
7ordered by a court for past support, medical expenses or birth expenses and that
8delinquent payment or outstanding amount has been certified by the department
9under s. 49.855.
AB651,61,22
10(2) If the department certifies a delinquent payment or outstanding amount
11under s. 49.855 (1) and the obligor receives a judgment against another person or has
12settled a lawsuit against another person that provides for the payment of money, the
13department or agency may send a notice to any person who is ordered to pay the
14judgment, who has agreed to the settlement or who holds the amount of the judgment
15or settlement in trust. The notice shall inform the person that the amount of the
16judgment or settlement due the obligor is subject to a lien by the department for the
17payment of the delinquent payment or outstanding amount certified under s. 49.855.
18The notification shall include the name and address of the obligor and the total
19amount certified under s. 49.855. Upon receipt of a notification, the person receiving
20the notification shall withhold an amount equal to the amount certified under s.
2149.855 before making any payment under the judgment or pursuant to the
22settlement.
AB651,61,25
23(3) When the department or agency notifies a person under sub. (2), the
24department or agency shall send a notice to the last-known address of the obligor.
25The notice shall do all of the following:
AB651,62,5
1(a) Inform the obligor that the department or agency notified the person who
2owes money to the obligor or who holds money in trust for the obligor under a
3judgment or pursuant to a settlement to withhold the amount that was certified
4under s. 49.855 from any lump sum payment that may be paid to the obligor as a
5result of the judgment or settlement.
AB651,62,86
(b) Inform the obligor that he or she may request a hearing before the circuit
7court that rendered the order to pay support, maintenance, medical expenses or birth
8expenses within 20 days after receipt of this notice.
AB651,62,129
(c) Inform the obligor that if a hearing is requested under par. (b) the
10department or agency will not require the person withholding the amount to send the
11amount to that department or agency until a final decision is issued in response to
12the request for a hearing.
AB651,62,1413
(d) Request that the obligor inform the department or agency if a bankruptcy
14stay is in effect with respect to the obligor.
AB651,62,19
15(4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall,
16within 10 days after receiving the request, set the matter for a hearing. The only
17issue at the hearing shall be whether the person owes the delinquent payment or
18outstanding amount certified under s. 49.855. A family court commissioner may
19conduct the hearing.
AB651,63,7
20(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
21equal to the amount certified, on any lump sum payment resulting from a judgment
22or settlement that may be due the obligor. The department or agency shall notify the
23person who received the notification under sub. (2) that the obligor has not requested
24a hearing or, if he or she has requested a hearing, of the results of that hearing, and
25of the responsibilities of the person who received the notification under sub. (2),
1including the requirement to submit the amount certified under s. 49.855. Use of the
2procedures under this section does not prohibit the department or agency from
3attempting to recover the amount certified under s. 49.855 through other legal
4means. The department or agency shall promptly notify any person who receives
5notification under sub. (2) if the amount certified under s. 49.855 has been recovered
6by some other means and no longer must be withheld from the judgment or
7settlement under this section.
AB651, s. 69
8Section
69. 49.857 of the statutes is created to read:
AB651,63,10
949.857 Administrative enforcement of support; denial, nonrenewal,
10restriction and suspension of licenses. (1) In this section:
AB651,63,1211
(a) "Child support agency" means a county child support agency under s. 59.53
12(5).
AB651,63,1413
(b) "Credential" means a license, permit, certificate or registration that is
14granted under chs. 440 to 480.
AB651,63,1715
(c) "Credentialing board" means a board, examining board or affiliated
16credentialing board in the department of regulation and licensing that grants a
17credential.
AB651,63,1818
(d) "License" means any of the following:
AB651,63,1919
1. A license issued under s. 13.63 or a registration issued under s. 13.64.
AB651,63,2020
2. An approval specified in s. 29.09 (11m).
AB651,63,2121
3. A license issued under s. 48.66 (1).
AB651,63,2522
4. A certification, license, training permit, registration, approval or certificate
23issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
24252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
25(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB651,64,1
15. A business tax registration certificate issued under s. 73.03 (50).
AB651,64,32
6. A license, registration, registration certificate or certification specified in s.
393.135 (1).
AB651,64,54
7. A license, permit or certificate of certification or registration specified in s.
5101.02 (21) (a).