AB651-ASA1,40,2 16(2) Financial record matching program and agreements. The department
17shall operate a financial record matching program under this section. The
18department shall promulgate rules specifying procedures under which the
19department shall enter into agreements with financial institutions doing business
20in this state to operate the financial record matching program under this section.
21The agreement shall require the financial institution to participate in the financial
22record matching program under this section by electing either the financial
23institution matching option under sub. (3) or the state matching option under sub.
24(4). The rules promulgated under this section shall provide for reimbursement of

1financial institutions in an amount not to exceed their actual costs of participation
2in the financial record matching program under this section.
AB651-ASA1,40,11 3(3) Financial institution matching option. (a) If a financial institution with
4which the department has an agreement under sub. (2) elects to use the financial
5institution matching option under this subsection, the department shall provide a
6financial institution with information regarding delinquent obligors. The
7information shall be provided at least once each calendar quarter and shall include
8the obligor's name and social security number. The information shall be provided to
9the financial institution in the manner specified by rule or by agreement. To the
10extent feasible, the information required under this paragraph shall be provided to
11the financial institution by an automated data exchange.
AB651-ASA1,40,2412 (b) Each financial institution receiving information under par. (a) shall take
13actions necessary to determine whether any obligor has an ownership interest in an
14account maintained at the financial institution. If the financial institution
15determines that an obligor has an ownership interest in an account at the financial
16institution, the financial institution shall provide the department with a notice
17containing the obligor's name, address of record, social security number or other
18taxpayer identification number, and account information. The information
19regarding the obligor's account shall include the account number, the account type,
20the nature of the obligor's ownership interest in the account, and the balance of the
21account at the time that the record match is made. The notice under this paragraph
22shall be provided in the manner, and shall contain the information, specified by rule
23or agreement. To the extent feasible, the notice required under this paragraph shall
24be provided to the department by an automated data exchange.
AB651-ASA1,41,9
1(c) The financial institution participating in the financial institution matching
2option under this subsection, and the employes, agents, officers and directors of the
3financial institution, may use the information provided by the department under
4par. (a) only for the purpose of matching records under par. (b). Neither the financial
5institution nor any employe, agent, officer or director of the financial institution may
6disclose or retain information provided under par. (a) concerning obligors who do not
7have an interest in an account maintained at the financial institution. Any person
8who violates this paragraph may be fined not less than $25 nor more than $500 or
9imprisoned in the county jail for not less than 10 days nor more than one year or both.
AB651-ASA1,41,21 10(4) State matching option. (a) If a financial institution with which the
11department has an agreement under sub. (2) elects to use the state matching option
12under this subsection, the financial institution shall provide the department with
13information concerning all accounts maintained at the financial institution at least
14once each calendar quarter. For each account maintained at the financial
15institution, the financial institution shall notify the department of the name and
16social security number or other tax identification number of each person having an
17ownership interest in the account, together with a description of each person's
18interest. The information required under this paragraph shall be provided in the
19manner specified by rule or agreement. To the extent feasible, the notice required
20under this paragraph shall be provided to the department by an automated data
21exchange.
AB651-ASA1,42,322 (b) The department shall take actions necessary to determine whether any
23obligor has an ownership interest in an account maintained at a financial institution
24providing information under par. (a). Upon the request of the department, the
25financial institution shall provide the department, for each obligor who matches

1information provided by the financial institution under par. (a), the obligor's address
2of record, the obligor's account number and account type and the balance of the
3account.
AB651-ASA1,42,74 (c) The department may use the information provided by a financial institution
5under pars. (a) and (b) only for the purpose of matching records under par. (b). The
6department may not disclose or retain information received under pars. (a) and (b)
7concerning account holders who are not delinquent obligors.
AB651-ASA1,42,148 (d) A financial institution participating in the state matching option under this
9subsection, and the employes, agents, officers and directors of the financial
10institution, may use any information that is provided by the department in
11requesting additional information under par. (b) only for the purpose of providing the
12additional information. Any person who violates this paragraph may be fined not
13less than $25 nor more than $500 or imprisoned in the county jail for not less than
1410 days nor more than one year or both.
AB651-ASA1,42,19 15(5) Delegation. The department may delegate any powers and duties given
16to the department under this section to county child support agencies. The
17department may require financial institutions to provide county child support
18agencies with any notices that are required under this section to be provided to the
19department.
AB651-ASA1, s. 73 20Section 73. 49.854 of the statutes is created to read:
AB651-ASA1,42,22 2149.854 Liens against property for delinquent support payments. (1)
22Definitions. In this section:
AB651-ASA1,42,2323 (a) "Department" means the department of workforce development.
AB651-ASA1,42,2524 (b) "County child support agency" means the county child support agency under
25s. 59.53 (5).
AB651-ASA1,43,1
1(c) "Levy" means all powers of distraint and seizure.
AB651-ASA1,43,22 (d) "Obligor" means a person who is obligated to pay court-ordered support.
AB651-ASA1,43,53 (e) "Property" includes accounts at financial institutions, personal property
4and real property, tangible and intangible property and rights to property, but is
5limited to property and rights of the obligor to property existing at the time of levy.
AB651-ASA1,43,66 (f) "Support" means any of the following:
AB651-ASA1,43,77 1. Child or family support.
AB651-ASA1,43,88 2. Maintenance.
AB651-ASA1,43,99 3. Medical expenses of a child.
AB651-ASA1,43,1010 4. Birth expenses.
AB651-ASA1,43,1111 5. Any accrued interest on delinquent amounts under subds. 1. to 4.
AB651-ASA1,43,19 12(2) Creation of lien; satisfaction. (a) Creation. If a person obligated to pay
13support fails to pay any court-ordered amount of support, that amount becomes a
14lien in favor of the department upon all property of the person. The lien becomes
15effective when the information is entered in the statewide support lien docket under
16par. (b) and that docket is delivered to the register of deeds in the county where the
17property is located. A lien created under this paragraph is not effective against a
18good-faith purchaser of titled personal property, unless the lien is recorded on that
19title.
AB651-ASA1,44,220 (b) Statewide support lien docket. The department shall maintain a statewide
21support lien docket. The department shall provide a copy of the statewide support
22lien docket to the register of deeds and the county child support agency of each county
23in this state, and to each state agency that titles personal property. Each entry in
24the statewide support lien docket shall contain the name and the social security

1number of the obligor and the date that the lien is entered in the docket, as well as
2the amount of the lien as of the time that the entry is made.
AB651-ASA1,44,73 (c) Updating the statewide support lien docket. The department shall update
4the statewide support lien docket in response to orders issued by a court or family
5court commissioner. The department shall periodically update the statewide
6support lien docket to reflect changes in the amounts of the liens contained in the
7docket.
AB651-ASA1,44,178 (d) Amount of lien; satisfaction. The amount of any support obligation that is
9a lien under this subsection may be determined by requesting that information from
10the county child support agency or the register of deeds, as specified by the
11department. Payment of the full amount that is delinquent at the time of payment
12to that county child support agency extinguishes that lien. Upon request, the county
13child support agency shall furnish to the payer of the delinquent amount a
14satisfaction of lien showing that the amount of support owed has been paid in full and
15that the person no longer owes the delinquent amount. The satisfaction of lien may
16be recorded in the office of the register of deeds for any county in which real or
17personal property of the person who owed the support is located.
AB651-ASA1,45,5 18(3) Notification and appeal of lien. (a) Notice. When a delinquent support
19obligation is included in the statewide support lien docket, the department shall
20provide notice to the obligor that a lien exists with respect to the delinquent support
21obligation. The notice shall include the amount of the delinquent child support
22obligation and shall inform the obligor that the lien is in effect. The notice shall
23inform the obligor of the obligor's right to request a financial records and court order
24review under par. (ag) and the obligor's right to request a court hearing under par.
25(ar). The notice under this paragraph shall also inform the obligor that the

1department will not take actions to enforce the lien if the obligor pays the delinquent
2amount in full or makes satisfactory alternative payment arrangements with the
3department or a county child support agency. The notice shall inform the individual
4of how he or she may pay the delinquent amount or make satisfactory or make
5alternative payment arrangements.
AB651-ASA1,45,196 (ag) Financial records and court order review. 1. Within 10 business days of
7the date of the notice under par. (a), the obligor may file a written request for a
8financial records and court order review with the county child support agency. If the
9obligor makes a timely request for a financial records and court order review under
10this paragraph, the department shall hold the review as soon as practicable, but in
11no event to exceed 60 days after the date of the request. The department shall
12conduct the financial records and court order review at no charge to the obligor. As
13soon as practicable after conducting the financial records and court order review
14review, the department shall make a determination regarding whether the amount
15of the delinquency contained in the notice is correct and shall provide a copy of the
16determination to the obligor. If the department determines that the amount of the
17delinquency is incorrect, the department shall take appropriate actions to correct the
18inaccuracy. The notice of the determination shall include information regarding the
19obligor's right to request a review of the determination under subd. 2.
AB651-ASA1,46,620 2. If the obligor disagrees with the determination of the department, the obligor
21may request a hearing with the court or a family court commissioner to review the
22department's determination. To request a hearing under this subdivision, the
23obligor shall make the request within 5 business days of the date of the department's
24determination under subd. 1. The obligor shall make the request in writing and shall
25mail or deliver a copy of the request to the county child support agency. If a timely

1request for a hearing is made under this subdivision, the court or family court
2commissioner shall hold the hearing within 15 business days of the request. If, at
3the hearing, the obligor establishes that the lien is not proper because of a mistake
4of fact, the court or family court commissioner shall order the department to remove
5the lien from the statewide support lien docket or adjust the amount of the
6delinquent obligation.
AB651-ASA1,46,167 (ar) Direct appeal. If the obligor has not requested a financial records and court
8order review under par. (ag), the obligor may request a hearing under this paragraph
9within 20 business days of the date of the notice under par. (a). The obligor shall
10make the request in writing and shall mail or deliver a copy of the request to the
11county child support agency. If a timely request for a hearing is made under this
12paragraph, the court or family court commissioner shall schedule a hearing within
1310 days after the date of the request. If, at the hearing, the obligor establishes that
14the lien is not proper because of a mistake of fact, the court or family court
15commissioner shall order the department to remove the lien from the statewide
16support lien docket or adjust the amount of the delinquent obligation.
AB651-ASA1,46,2417 (b) Appeal. If a family court commissioner conducts a hearing under par. (ag)
18or (ar), the department or the obligor may, within 15 business days after the date of
19the decision by the family court commissioner, request review of the decision by the
20court having jurisdiction over the action. The court conducting the review may order
21that the lien be withdrawn from the statewide support lien dockets or may order an
22adjustment of the amount of the delinquent obligation. If no appeal is sought or if
23the court does not order the withdrawal of the lien, the department may take
24appropriate actions to enforce the lien.
AB651-ASA1,47,8
1(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
2to pay the support owed by the obligor after the department has made demand for
3payment, the department may collect that support and the levy fees and costs under
4sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
5to (7). Whenever the value of any property that has been levied upon under this
6subsection is not sufficient to satisfy the claim of the department, the department
7may levy upon any additional property of the obligor until the support owed and levy
8costs are fully paid.
AB651-ASA1,47,9 9(5) Levying against financial accounts. (a) Definitions. In this subsection:
AB651-ASA1,47,1010 1. "Account" has the meaning given in s. 49.853 (1) (a).
AB651-ASA1,47,1111 2. "Financial institution" has the meaning given in s. 49.853 (1) (c).
AB651-ASA1,47,2112 (b) Notice to the financial institution. To enforce a lien under this section by
13levying against an account at a financial institution, the department shall send a
14notice of levy to the financial institution instructing the financial institution to
15prohibit the closing of or withdrawals from one or more accounts that the obligor
16owns in whole or in part, up to a total amount that is sufficient to pay the support
17owed, financial institution fees under par. (e) and estimated levy fees and costs under
18sub. (11), until further notice from the department or a court. The financial
19institution shall comply with the notice of levy and shall hold the amount specified
20in the notice until the financial institution receives further instructions from the
21department or a court.
AB651-ASA1,48,322 (d) Notice to the obligor and certain others. No later than the next business day
23after the department sends notice of levy to the financial institution under par. (b),
24the department shall send a copy of the notice of levy to the obligor. The department
25shall also send a copy of the notice of levy to any other person who has an ownership

1interest in the account. The notices required under this paragraph shall be in the
2form determined by the department, however the notice shall include language
3stating all of the following:
AB651-ASA1,48,44 1. That the obligor has been certified as delinquent in paying support.
AB651-ASA1,48,55 2. The amount of the support owed.
AB651-ASA1,48,76 3. The financial institution to which the department sent the notice under par.
7(b).
AB651-ASA1,48,108 4. That one or more accounts owned in whole or in part by the obligor at the
9financial institution have been frozen, up to a total amount that is sufficient pay the
10support owed, the department's levy costs and financial institution fees.
AB651-ASA1,48,1311 6. That the obligor may request a hearing within 20 business days after the
12date of the notice, by submitting the request in writing and by mailing or delivering
13a copy of the request to the county child support agency.
AB651-ASA1,48,1714 6m. That a person, other than the obligor, who holds the account jointly with
15the obligor may request a hearing within 20 business days after the date of the notice,
16to protect the portion of the jointly held account that is attributable to his or her net
17contributions to the jointly held account.
AB651-ASA1,48,1918 7. The address to which the request for hearing must be mailed or delivered in
19order to schedule a hearing.
AB651-ASA1,49,320 (e) Financial institution fees. A financial institution may continue to collect
21fees, under the terms of the account agreement, on accounts frozen under this
22subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
23institution may collect any early withdrawal penalty incurred under the terms of an
24account as a result of the levy. Financial institution fees authorized under this
25paragraph may be charged to the account immediately prior to the remittance of the

1amount to the department and may be charged even if the amounts in the obligor's
2accounts are insufficient to pay the total amount of support owed and the
3department's levy costs under sub. (11) (b).
AB651-ASA1,50,24 (f) Hearings. A hearing requested under par. (d) 6. shall be conducted before
5the circuit court rendering the order to pay support. Within 45 business days after
6receiving a request for hearing under par. (d) 6., the court shall conduct the hearing.
7The family court commissioner may conduct the hearing. Except as provided in sub.
8(7m), the hearing shall be limited to a review of whether the account holder owes the
9amount of support certified and whether the department or the county child support
10agency has made an offer to enter into an alternative payment arrangement with the
11obligor that is not in accordance with the guidelines established under s. 49.858 (2)
12(a). If the court or family court commissioner determines that the department or the
13county child support agency has made an offer to enter into an alternative payment
14arrangement that is not in accordance with the guidelines established under s.
1549.858 (2) (a), the court or family court commissioner may order an alternative
16payment arrangement plan that is in accordance with the guidelines established
17under s. 49.858 (2) (a). If the court or family court commissioner orders an
18alternative payment arrangement, the court or family court commissioner shall
19order the department to return the seized funds. If the court or family court
20commissioner determines that the account holder does not owe support or owes less
21than the amount claimed by the department, the court shall order the department
22to return the seized funds or the excess of the seized funds over the amount of the
23delinquency to the account holder. If a family court commissioner conducts the
24hearing under this paragraph, the department or the obligor may, within 15 business

1days after the date that the family court commissioner makes his or her decision,
2request review of the decision by the court with jurisdiction over the action.
AB651-ASA1,50,12 3(6) Levying against other personal property. (a) When notice of seizure
4required.
If the department has enforced a lien under this section by levying against
5personal property, the department shall immediately notify the obligor that the
6property has been seized. The department shall provide the notice of seizure under
7this paragraph to any person having an ownership interest in the property or any
8other person with an interest of record in the property. If the property is titled, the
9department shall also send a copy of the notice of seizure to the state agency that
10titles the property. A state agency receiving a notice under this paragraph may not
11transfer title to the personal property described in the notice, except on the
12instructions of a court or the department.
AB651-ASA1,50,1413 (b) Content of notice of seizure. The notice provided under par. (a) shall include
14all of the following:
AB651-ASA1,50,1515 1. The name of the obligor and the amount of the support owed.
AB651-ASA1,50,1616 2. A description of the personal property seized.
AB651-ASA1,50,1917 3. A statement that the obligor may, within 20 business days after the date of
18the notice, request a hearing on the questions of whether past-due support is owed
19and whether the property was wrongfully seized.
AB651-ASA1,50,2320 3m. A statement that a person, other than the obligor, who holds the personal
21property jointly with the obligor may request a hearing within 20 business days after
22the date of the notice, to protect the portion of the jointly held personal property that
23is attributable to his or her net contributions to the jointly held personal property.
AB651-ASA1,51,3
14. A statement that the hearing may be requested by submitting the request
2in writing and by mailing or delivering a copy of the request to the county child
3support agency.
AB651-ASA1,52,64 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court
5commissioner shall schedule a hearing within 10 business days after receiving the
6request under par. (b) 4. Except as provided in sub. (7m), the hearing shall be limited
7to a review of whether the obligor owes the amount of support owed that is stated in
8the notice of seizure and whether the department or the county child support agency
9has made an offer to enter into an alternative payment arrangement with the obligor
10that is not in accordance with the guidelines established under s. 49.858 (2) (a). If
11the court or family court commissioner determines that the department or the county
12child support agency has made an offer to enter into an alternative payment
13arrangement that is not in accordance with the guidelines established under s.
1449.858 (2) (a), the court or family court commissioner may order an alternative
15payment arrangement plan that is in accordance with the guidelines established
16under s. 49.858 (2) (a). If the court or family court commissioner orders an
17alternative payment arrangement, the court or family court commissioner shall
18order the department to return the seized property within 15 business days. If the
19court or family court commissioner determines that the obligor does not owe support
20or owes less than the amount claimed by the department, the court shall order the
21department to return the seized property within 15 business days or specify the
22amount which may be retained by the department after the sale of the seized
23property. 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 makes his or her decision, request review of the decision

1by the court with jurisdiction over the action. The court reviewing the decision may
2order the department to return the seized property or may authorize the sale of the
3property by the department. If the department is ordered to return seized property
4under this paragraph, the court shall instruct any state agency responsible for titling
5the property that it may transfer title to the property without receiving instructions
6from a court or the department under par. (a).
AB651-ASA1,52,107 (d) Notice of sale. As soon as practicable after seizing the personal property and
8after any requested hearings are conducted under par. (c), the department shall send
9a notice to the obligor indicating when and where the property will be sold. The
10department shall publish or post the time and date of sale.
AB651-ASA1,52,1611 (e) Redemption. At any time after receiving the notice of sale under par. (d),
12but before the property is sold, the obligor may redeem the property by arranging for
13the payment of total past-due support owed together with any levy fees and costs
14under sub. (11). If the obligor redeems the property, the department shall instruct
15the titling agency that the agency may transfer title to the property without receiving
16instructions from a court or the department under par. (a).
AB651-ASA1,52,2217 (f) Sale. The date of sale must be no more than 60 days after the date of the
18notice of sale under par. (d). The department shall give the purchaser of property
19under this paragraph a certificate of sale upon payment in full of the purchase price.
20If the property seized and sold is titled property, the department shall direct the state
21agency that titled the property to transfer the title of the property to the purchaser
22of the property.
AB651-ASA1,53,5 23(7) Levying against real property. (a) When notice of intent to levy required.
24To enforce a lien under this section by levying against real property, the department
25shall provide the obligor and all owners of the real property with a notice of intent

1to levy under par. (b) 1. A copy of the notice under par. (b) 1. shall be provided to the
2register of deeds in the county where the real property is located. A register of deeds
3receiving a notice of intent to levy under this paragraph shall file the notice of intent
4to levy. The department shall provide a notice of intent to levy under par. (b) 2. to
5any person having an interest of record in the real property.
AB651-ASA1,53,86 (b) Content of notice of intent. 1. The notice provided under par. (a) to the
7obligor, to owners of the property and to the register of deeds shall include all of the
8following:
AB651-ASA1,53,99 a. The name of the obligor and the amount of the support owed.
AB651-ASA1,53,1110 b. A description of the real property against which the department intends to
11levy.
AB651-ASA1,53,1312 c. A statement that the obligor may, within 20 business days after the date of
13the notice, request a hearing on the question of whether past-due support is owed.
AB651-ASA1,53,1714 d. A statement that a person, other than the obligor, who holds the real property
15jointly with the obligor may request a hearing within 20 business days after the date
16of the notice, to protect the portion of the jointly held real property that is
17attributable to his or her net contributions to the jointly held real property.
AB651-ASA1,53,2018 e. A statement that the hearing may be requested by submitting the request
19in writing and by mailing or delivering a copy of the request to the county child
20support agency.
AB651-ASA1,53,2521 2. In addition to the information included under subd. 1. a. to c., the notice
22provided under par. (a) to a person having an interest of record in the real property
23shall include a request that the interest holder notify the department, within 10
24business days after receiving the notice, of the amount and nature of the person's
25interest in the property.
AB651-ASA1,54,25
1(c) Hearing. If a hearing is requested under par. (b) 1. c., the court or family
2court commissioner shall schedule a hearing within 10 business days after receiving
3the request under par. (b) 1. c. Except as provided in sub. (7m), the hearing shall be
4limited to a review of whether the obligor owes the amount of support owed that is
5stated in the notice of intent under par. (b) and whether the department or the county
6child support agency has made an offer to enter into an alternative payment
7arrangement with the obligor that is not in accordance with the guidelines
8established under s. 49.858 (2) (a). If the court or family court commissioner
9determines that the department or the county child support agency has made an
10offer to enter into an alternative payment arrangement that is not in accordance with
11the guidelines established under s. 49.858 (2) (a), the court or family court
12commissioner may order an alternative payment arrangement plan that is in
13accordance with the guidelines established under s. 49.858 (2) (a). If the court or
14family court commissioner orders an alternative payment arrangement, the court or
15family court commissioner shall order the department not to proceed with the levy.
16If the court or family court commissioner determines that the obligor does not owe
17support or owes less than the amount claimed by the department, the court shall
18order the department not to proceed with the levy or specify the amount that may
19be retained by the department after the sale of the seized property. If a family court
20commissioner conducts the hearing under this paragraph, the department or the
21obligor may, within 15 business days after the date that the family court
22commissioner makes his or her decision, request review of the decision by the court
23with jurisdiction over the action. The court reviewing the decision may order the
24department not to proceed with the levy of the property or may authorize the sale of
25the property by the department.
AB651-ASA1,55,14
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
7include a date by which the obligor must vacate the premises and a date on which
8the property will be sold, unless the obligor pays the support owed and any levy fees
9and costs under sub. (11). The date in the notice by which the obligor must vacate
10the premises must be at least 60 days after the date that the final notice is sent and
11the date of sale must be at least 90 days after the date that the final notice is sent.
12The department shall provide a copy of any final notice under this paragraph to the
13register of deeds in the county where the real property is located. A register of deeds
14receiving a final notice under this paragraph shall file the final notice.
AB651-ASA1,55,2415 (e) Sale. 1. The department shall publicly advertise the time and place of the
16sale of real property seized under this subsection in the manner specified under s.
17815.31 (1) to (3). The property may be redeemed prior to the date specified in the final
18notice by payment of the full amount of support owed together with any levy fees and
19costs under sub. (11). If the property has not been redeemed and the obligor has
20failed to vacate the property prior to the date specified in the final notice, the
21department may issue an administrative order directing a local law enforcement
22agency or official to remove the obligor and any other residents from the property.
23A person occupying the property under claim of ownership, lease or month-to-month
24tenancy may not be removed except by proceedings under ch. 799 or 843.
AB651-ASA1,56,11
12. If the property has not been redeemed prior to the date specified in the final
2notice, the department shall file a warrant with the clerk of circuit court. The
3department may also issue a copy of the warrant to the sheriff of any county of the
4state commanding the sheriff to levy upon and sell enough of the obligor's real
5property found within the county to pay the support owed and any levy fees and costs
6under sub. (11). The warrant may direct the sheriff to proceed upon the property in
7the same manner as upon an execution against property issued out of a court of
8record, to return the warrant to the department and pay to the department the
9money collected, or the part of the money that is necessary to pay the support owed,
10and levy costs and fees, within 60 days after the receipt of the warrant. The sheriff
11shall deliver any balance to the owner of the seized property.
AB651-ASA1,56,2312 3. The clerk of circuit court shall enter the warrant under subd. 2. as required
13by s. 806.11. Upon entering the amount of the warrant, the warrant is considered
14a final judgment. The clerk of circuit court shall accept, file and enter the warrant
15without prepayment of any fee, but the clerk of circuit court shall submit a statement
16of the proper fee semiannually to the department covering the periods from January
171 to June 30 and July 1 to December 31. The fees shall be paid by the state from the
18appropriation under s. 20.445 (1) (L), but the fees provided by s. 814.61 (5) for filing
19and entering the warrants shall be added to the amount of the warrant and collected
20from the obligor when satisfaction or release is presented for entry. The sheriff shall
21be entitled to the same fees for executing upon a warrant under this paragraph as
22upon an execution against property issued out of a court of record, to be collected in
23the same manner.
AB651-ASA1,57,524 4. A warrant under subd. 2. may be issued to any agent of the department
25authorized to collect support owed and levy fees and costs. In collection of the support

1owed and the levy fees and costs, the agent has the powers of a sheriff, but may not
2collect from the obligor any fee or charge for the execution of the warrant that is in
3excess of actual expenses paid in the performance of his or her duty. When a warrant
4is issued, the agent may proceed upon the warrant in any county of the state
5designated in the warrant.
AB651-ASA1,57,86 5. Upon entry of a warrant in the judgment and lien docket, the department
7has the same remedies to enforce the claim for the delinquent amounts, penalties,
8interest and costs as upon a judgment against the obligor.
AB651-ASA1,58,29 6. If the department finds that the interests of the state will not thereby be
10jeopardized, the department may issue a full or conditional release of any warrant
11under this paragraph. Upon presentation of the release and payment of the filing
12fee, the clerk of circuit court shall file the release. The release shall be conclusive
13proof that the lien or cloud upon the title of the property covered by the release is
14extinguished. A person desiring that a release be issued under this subdivision shall
15present to the department a written application in affidavit form requesting that the
16release be issued. The application shall give the reasons for the request and shall
17clearly describe the property with respect to which the release is desired. In support
18of the request, the applicant shall furnish the department with proof sufficient to
19establish satisfactorily the fair market value of the property, the amounts, character
20and dates, both of execution and of record, of all encumbrances of record prior to the
21warrant lien, as well as the amount and character of any unrecorded encumbrances
22believed to be prior to the warrant lien, including information as to how and when
23all such encumbrances arose. Appropriate references shall be made to the pages and
24volumes of the recording books in which any such encumbrances have been recorded.
25The department may require a certified copy of any record referred to in such

1application to be furnished by the applicant, at his or her expense, from the officer
2in whose office such record is kept.
AB651-ASA1,58,143 7. When the delinquent amount set forth in a warrant together with levy fees
4and costs have been paid to the department, the department shall issue a satisfaction
5of the warrant and file it with the clerk and the warrant shall be immediately
6satisfied of record by such clerk. The department shall send a copy of such
7satisfaction to the obligor at the obligor's request. When such warrant has not been
8paid or discharged but the enforcement of same would, in the opinion of the
9department, result in depriving the obligor of a substantial right, the department
10may issue a release of said warrant and file same with the clerk who shall
11immediately make an entry of same of record, and it shall be held conclusive of the
12extinguishment of the warrant and all liens and rights created thereby, but does not
13constitute a release or satisfaction of the support owed for which the warrant was
14issued.
AB651-ASA1,58,1815 8. If the department has issued an erroneous warrant, the department shall
16issue to the clerk of circuit court for the county in which the warrant is filed a notice
17of withdrawal of the warrant. The clerk shall void the warrant and any liens
18attached by it.
AB651-ASA1,59,8 19(7m) Jointly held property. If the property levied against under sub. (5), (6)
20or (7) is jointly held, a person, other than the obligor, who holds a joint interest in the
21property may request the court or family court commissioner, in the hearing under
22sub. (5) (f), (6) (c) or (7) (c), to determine the proportion of the value of the property
23that is attributable to his or her net contribution to the property. The person shall
24have the burden of proving his or her net contribution by clear and convincing
25evidence. If the court determines that a portion of the jointly held property is

1attributable to the contributions of the person, the court shall direct the department
2or the county child support agency to pay the person, from the net balance of the
3jointly held account or the net proceeds of the sale of the jointly held real or personal
4property, the proportion of the gross value of the account or real or personal property
5that is attributable to that person. If the family court commissioner conducts the
6hearing under sub. (5) (f), (6) (c) or (7) (c), the person may, within 15 business days
7after the date that the family court commissioner makes his or her decision, request
8review of the decision by the court with jurisdiction over the action.
AB651-ASA1,59,15 9(8) Duties to surrender; generally. Any person in possession of or obligated
10with respect to property or rights to property that is subject to levy under this section
11and upon which a levy has been made shall, upon demand of the department,
12surrender the property or rights or discharge the obligation to the department,
13except that part of the property or rights that is, at the time of the demand, subject
14to any prior attachment, execution under any judicial process, claim of ownership,
15lease or month-to-month tenancy.
AB651-ASA1,59,18 16(9) Notice. Any notice required to be provided under this section may be
17provided by sending the notice by regular mail to the last-known address of the
18person to whom notice is to be sent.
AB651-ASA1,59,21 19(11) Levy fees and costs. (a) Third parties. Any 3rd party is entitled to a levy
20fee of $5 for each levy in any case where property is secured through the levy. The
213rd party shall deduct the fee from the proceeds of the levy.
AB651-ASA1,60,222 (b) The department. The department may assess a collection fee to recover the
23department's costs incurred in levying against property under this section. The
24department shall determine its costs to be paid in all cases of levy. The obligor is
25liable to the department for the amount of the collection fee authorized under this

1paragraph. Fees collected under this paragraph shall be credited to the
2appropriation account under s. 20.445 (1) (L).
AB651-ASA1,60,6 3(12) Priorities and use of proceeds. (a) Priorities. A lien under this section
4has the same priority, from the date that the lien is effective, as a judgment docketed
5under s. 806.15. The lien is effective for a period of 5 years from the date the lien
6becomes effective.
AB651-ASA1,60,107 (b) Use of proceeds. After paying any liens on a property that have priority over
8a lien under this section, the department shall apply all proceeds from a sale of that
9property under this section first against the support in respect to which the levy was
10made and then against levy fees and costs under sub. (11).
AB651-ASA1,60,1311 (c) Refunds or credits. The department may refund or credit any amount left
12after the applications under par. (a), upon submission of a claim therefor and
13satisfactory proof of the claim, to the person entitled to that amount.
AB651-ASA1,60,17 14(13) Release of levy; suspension of proceedings to enforce lien. (a) Release.
15The department may release the levy upon all or part of property levied upon to
16facilitate the collection of the liability or to grant relief from a wrongful levy, but that
17release does not prevent any later levy.
AB651-ASA1,60,2118 (b) Settlement. If the obligor enters in to an alternative payment arrangement
19in accordance with guidelines established under s. 49.858 (2) (a), the department
20shall suspend all actions to enforce a lien under this section as long as the obligor
21remains in compliance with the alternative payment arrangement.
AB651-ASA1,60,25 22(14) Wrongful levy. If the department determines that property has been
23wrongfully levied upon, the department may return the property at any time, or may
24return an amount of money equal to the amount of money, or value of the property,
25levied upon.
AB651-ASA1,61,16
1(15) Actions against this state. (a) Commencement of actions. If the
2department has levied upon property, any person, other than the obligor who is liable
3to pay the support out of which the levy arose, who claims an interest in or lien on
4that property and claims that that property was wrongfully levied upon may bring
5a civil action against the state in the circuit court for Dane County. If the county child
6support agency has levied upon property pursuant to delegated authority under sub.
7(17), any person, other than the obligor who is liable to pay the support out of which
8the levy arose, who claims an interest in or lien on that property and claims that that
9property was wrongfully levied upon may bring a civil action against the county child
10support agency in the circuit court for the county where the court order for the
11payment of support, upon which the seizure is based, was first entered or last
12modified. That action may be brought whether or not that property has been
13surrendered to the department or the county child support agency. The court may
14grant only the relief under par. (b). No other action to question the validity of or
15restrain or enjoin a levy by the department or a county child support agency may be
16maintained.
AB651-ASA1,61,2417 (b) Remedies. In an action under par. (a), prior to the sale of the property, if the
18court determines that property has been improperly levied upon, the court may
19enjoin the enforcement of the levy and order the return of the property, or may grant
20a judgment for the amount of money obtained by levy. The court may also order relief
21necessary to protect the interests of owners of the property, other than the obligor,
22including, when appropriate, partition of the property. After the sale of the property,
23if the court determines that the property has been wrongfully levied upon, it may
24grant a judgment for the amount of money obtained by levy.
AB651-ASA1,62,3
1(c) Validity of determination. For purposes of an adjudication under this
2subsection, there is a rebuttable presumption that the support obligation upon which
3the lien is based is valid.
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