AB651-ASA2,34,14 1049.48 Denial, nonrenewal and suspension of certification of service
11providers based on certain delinquency in payment.
(1) The department
12shall require each applicant to provide the department with the applicant's social
13security number, if the applicant is an individual, as a condition of issuing or
14renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.
AB651-ASA2,34,18 15(2) The department of health and family services may not disclose any
16information received under sub. (1) to any person except to the department of
17workforce development for the purpose of making certifications required under s.
1849.857.
AB651-ASA2,35,4 19(3) The department of health and family services shall deny an application for
20the issuance or renewal of a certification specified in sub. (1), shall suspend a
21certification specified in sub. (1) or may, under a memorandum of understanding
22under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of
23workforce development certifies under s. 49.857 that the applicant for or holder of
24the certificate is delinquent in the payment of court-ordered payments of child or
25family support, maintenance, birth expenses, medical expenses or other expenses

1related to the support of a child or former spouse or fails to comply, after appropriate
2notice, with a subpoena or warrant issued by the department of workforce
3development or a county child support agency under s. 59.53 (5) and related to
4paternity or child support proceedings.
AB651-ASA2, s. 71 5Section 71. 49.852 of the statutes is created to read:
AB651-ASA2,35,15 649.852 Delinquent support payments; pension plans. (1) The
7department of workforce development may direct the department of employe trust
8funds, the retirement system of any 1st class city, any retirement system established
9under chapter 201, laws of 1937, or the administrator of any other pension plan to
10withhold the amount specified in the statewide support lien docket under s. 49.854
11(2) (b) from any lump sum payment from a pension plan that may be paid a
12delinquent support obligor, except that the department of workforce development
13may not direct that an amount be withheld under this subsection unless it has met
14the notice requirements under sub. (2) and unless the amount specified has either
15not been appealed or is no longer under appeal under s. 49.854.
AB651-ASA2,35,19 16(2) The department of workforce development shall send a notice to the
17last-known address of the person from whom the department intends to recover the
18amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
19notice shall do all of the following:
AB651-ASA2,35,2520 (a) Inform the person that the department of employe trust funds, the
21retirement system of any 1st class city, any retirement system established under
22chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
23is appropriate, shall withhold the amount specified in the statewide support lien
24docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that
25may be paid the person.
AB651-ASA2,36,5
1(b) Inform the person that he or she may, within 20 business days after the date
2of the notice, request a court hearing on the issue of whether the person owes the
3amount specified in the statewide support lien docket under s. 49.854 (2) (b). The
4request shall be in writing and the person shall mail or deliver a copy of the request
5to the county child support agency under s. 59.53 (5).
AB651-ASA2,36,86 (c) Request that the person inform the department of workforce development
7or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay
8is in effect with respect to the person.
AB651-ASA2,36,25 9(3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing
10shall be conducted before the circuit court that rendered the initial order to pay
11support. The court shall schedule a hearing within 10 business days after receiving
12a request for a hearing. The family court commissioner may conduct the hearing.
13If the court determines that the person owes the amount specified in the statewide
14support lien docket under s. 49.854 (2) (b), the department of workforce development
15may direct the department of employe trust funds, the retirement system of any 1st
16class city, any retirement system established under chapter 201, laws of 1937, or the
17administrator of any other pension plan, whichever is appropriate, to withhold the
18amount from any lump sum payment from a pension plan that may be paid the
19person. If the court determines that the person does not owe the amount specified
20in the statewide support lien docket under s. 49.854 (2) (b), the department of
21workforce development may not direct the department of employe trust funds, the
22retirement system of any 1st class city, any retirement system established under
23chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
24is appropriate, to withhold the amount from any lump sum payment from a pension
25plan that may be paid the person.
AB651-ASA2,37,7
1(4) (a) If the department of workforce development directs the department of
2employe trust funds, the retirement system of any 1st class city, any retirement
3system established under chapter 201, laws of 1937, or the administrator of any
4other pension plan to withhold the amount specified in the statewide support lien
5docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the
6amount specified in the statewide support lien docket, on any lump sum payment
7from a pension plan that may be paid the person.
AB651-ASA2,37,238 (b) If the department of workforce development directs the department of
9employe trust funds, the retirement system of any 1st class city, any retirement
10system established under chapter 201, laws of 1937, or the administrator of any
11other pension plan to withhold the amount specified in the statewide support lien
12docket under s. 49.854 (2) (b), the department of employe trust funds, the retirement
13system of any 1st class city, any retirement system established under chapter 201,
14laws of 1937
, or the administrator of any other pension plan shall deduct from any
15lump sum payment that may be paid the person the amount specified in the
16statewide support lien docket, less any amount specified under par. (d). If the
17amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any
18amount specified under par. (d), exceeds the lump sum payment, the department of
19employe trust funds, the retirement system of any 1st class city, any retirement
20system established under chapter 201, laws of 1937, or the administrator of any
21other pension plan shall deduct the entire lump sum payment, less any withholdings
22otherwise required by law. The amount deducted under this paragraph shall be
23remitted to the department of workforce development.
AB651-ASA2,38,424 (c) A directive to the department of employe trust funds, the retirement system
25of any 1st class city, any retirement system established under chapter 201, laws of

11937, or the administrator of any other pension plan to withhold the amount
2specified in the statewide support lien docket under s. 49.854 (2) (b) under this
3section does not prohibit the department of workforce development from attempting
4to recover the amount through other legal means.
AB651-ASA2,38,95 (d) The department of workforce development shall promptly notify the
6department of employe trust funds, the retirement system of any 1st class city, any
7retirement system established under chapter 201, laws of 1937, or the administrator
8of any other pension plan upon recovery of any amount previously specified in the
9statewide support lien docket under s. 49.854 (2) (b).
AB651-ASA2, s. 72 10Section 72. 49.853 of the statutes is created to read:
AB651-ASA2,38,12 1149.853 Financial record matching program. (1) Definitions. In this
12section:
AB651-ASA2,38,1513 (a) "Account" means a demand deposit account, checking or negotiable
14withdrawal order account, savings account, time deposit account or money market
15mutual fund account.
AB651-ASA2,38,1716 (am) "County child support agency" means the county child support agency
17under s. 59.53 (5).
AB651-ASA2,38,1818 (b) "Department" means the department of workforce development.
AB651-ASA2,38,1919 (c) "Financial institution" means any of the following:
AB651-ASA2,38,20201. A depository institution, as defined in 12 USC 1813 (c).
AB651-ASA2,38,22212. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository
22institution under subd. 1.
AB651-ASA2,38,23233. A federal credit union or state credit union, as defined in 12 USC 1752.
AB651-ASA2,38,25244. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit
25union under subd. 3.
AB651-ASA2,39,2
15. A benefit association, insurance company, safe deposit company, money
2market mutual fund or similar entity authorized to do business in this state.
AB651-ASA2,39,33 6. A broker-dealer, as defined in s. 551.02 (3).
AB651-ASA2,39,44 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).
AB651-ASA2,39,65 (dm) "Ownership interest" has the meaning specified by the department by
6rule.
AB651-ASA2,39,77 (e) "Support" has the meaning given in s. 49.854 (1) (f).
AB651-ASA2,39,18 8(2) Financial record matching program and agreements. The department
9shall operate a financial record matching program under this section. The
10department shall promulgate rules specifying procedures under which the
11department shall enter into agreements with financial institutions doing business
12in this state to operate the financial record matching program under this section.
13The agreement shall require the financial institution to participate in the financial
14record matching program under this section by electing either the financial
15institution matching option under sub. (3) or the state matching option under sub.
16(4). The rules promulgated under this section shall provide for reimbursement of
17financial institutions in an amount not to exceed their actual costs of participation
18in the financial record matching program under this section.
AB651-ASA2,40,2 19(3) Financial institution matching option. (a) If a financial institution with
20which the department has an agreement under sub. (2) elects to use the financial
21institution matching option under this subsection, the department shall provide a
22financial institution with information regarding delinquent obligors. The
23information shall be provided at least once each calendar quarter and shall include
24the obligor's name and social security number. The information shall be provided to
25the financial institution in the manner specified by rule or by agreement. To the

1extent feasible, the information required under this paragraph shall be provided to
2the financial institution by an automated data exchange.
AB651-ASA2,40,153 (b) Each financial institution receiving information under par. (a) shall take
4actions necessary to determine whether any obligor has an ownership interest in an
5account maintained at the financial institution. If the financial institution
6determines that an obligor has an ownership interest in an account at the financial
7institution, the financial institution shall provide the department with a notice
8containing the obligor's name, address of record, social security number or other
9taxpayer identification number, and account information. The information
10regarding the obligor's account shall include the account number, the account type,
11the nature of the obligor's ownership interest in the account, and the balance of the
12account at the time that the record match is made. The notice under this paragraph
13shall be provided in the manner specified by rule or agreement. To the extent
14feasible, the notice required under this paragraph shall be provided to the
15department by an automated data exchange.
AB651-ASA2,40,2416 (c) The financial institution participating in the financial institution matching
17option under this subsection, and the employes, agents, officers and directors of the
18financial institution, may use the information provided by the department under
19par. (a) only for the purpose of matching records under par. (b). Neither the financial
20institution nor any employe, agent, officer or director of the financial institution may
21disclose or retain information provided under par. (a) concerning obligors who do not
22have an interest in an account maintained at the financial institution. Any person
23who violates this paragraph may be fined not less than $25 nor more than $500 or
24imprisoned in the county jail for not less than 10 days nor more than one year or both.
AB651-ASA2,41,12
1(4) State matching option. (a) If a financial institution with which the
2department has an agreement under sub. (2) elects to use the state matching option
3under this subsection, the financial institution shall provide the department with
4information concerning all accounts maintained at the financial institution at least
5once each calendar quarter. For each account maintained at the financial
6institution, the financial institution shall notify the department of the name and
7social security number or other tax identification number of each person having an
8ownership interest in the account, together with a description of each person's
9interest. The information required under this paragraph shall be provided in the
10manner specified by rule or agreement. To the extent feasible, the notice required
11under this paragraph shall be provided to the department by an automated data
12exchange.
AB651-ASA2,41,1913 (b) The department shall take actions necessary to determine whether any
14obligor has an ownership interest in an account maintained at a financial institution
15providing information under par. (a). Upon the request of the department, the
16financial institution shall provide the department, for each obligor who matches
17information provided by the financial institution under par. (a), the obligor's address
18of record, the obligor's account number and account type and the balance of the
19account.
AB651-ASA2,41,2320 (c) The department may use the information provided by a financial institution
21under pars. (a) and (b) only for the purpose of matching records under par. (b). The
22department may not disclose or retain information received under pars. (a) and (b)
23concerning account holders who are not delinquent obligors.
AB651-ASA2,42,624 (d) A financial institution participating in the state matching option under this
25subsection, and the employes, agents, officers and directors of the financial

1institution, may use any information that is provided by the department in
2requesting additional information under par. (b) only for the purpose of
3administering s. 49.22 or for the purpose of providing the additional information.
4Any person who violates this paragraph may be fined not less than $25 nor more than
5$500 or imprisoned in the county jail for not less than 10 days nor more than one year
6or both.
AB651-ASA2,42,11 7(5) Delegation. The department may delegate any powers and duties given
8to the department under this section to county child support agencies. The
9department may require financial institutions to provide county child support
10agencies with any notices that are required under this section to be provided to the
11department.
AB651-ASA2, s. 73 12Section 73. 49.854 of the statutes is created to read:
AB651-ASA2,42,14 1349.854 Liens against property for delinquent support payments. (1)
14Definitions. In this section:
AB651-ASA2,42,1515 (a) "Department" means the department of workforce development.
AB651-ASA2,42,1716 (b) "County child support agency" means the county child support agency under
17s. 59.53 (5).
AB651-ASA2,42,1818 (c) "Levy" means all powers of distraint and seizure.
AB651-ASA2,42,1919 (d) "Obligor" means a person who is obligated to pay court-ordered support.
AB651-ASA2,42,2220 (e) "Property" includes accounts at financial institutions, personal property
21and real property, tangible and intangible property and rights to property, but is
22limited to property and rights of the obligor to property existing at the time of levy.
AB651-ASA2,42,2323 (f) "Support" means any of the following:
AB651-ASA2,42,2424 1. Child or family support.
AB651-ASA2,42,2525 2. Maintenance.
AB651-ASA2,43,1
13. Medical expenses of a child.
AB651-ASA2,43,22 4. Birth expenses.
AB651-ASA2,43,33 5. Any accrued interest on delinquent amounts under subds. 1. to 4.
AB651-ASA2,43,11 4(2) Creation of lien; satisfaction. (a) Creation. If a person obligated to pay
5support fails to pay any court-ordered amount of support, that amount becomes a
6lien in favor of the department upon all property of the person. The lien becomes
7effective when the information is entered in the statewide support lien docket under
8par. (b) and that docket is delivered to the register of deeds in the county where the
9property is located. A lien created under this paragraph is not effective against a
10good-faith purchaser of titled personal property, unless the lien is recorded on that
11title.
AB651-ASA2,43,1812 (b) Statewide support lien docket. The department shall maintain a statewide
13support lien docket. The department shall provide a copy of the statewide support
14lien docket to the register of deeds and the county child support agency of each county
15in this state, and to each state agency that titles personal property. Each entry in
16the statewide support lien docket shall contain the name and the social security
17number of the obligor and the date that the lien is entered in the docket, as well as
18the amount of the lien as of the time that the entry is made.
AB651-ASA2,43,2319 (c) Updating the statewide support lien docket. The department shall update
20the statewide support lien docket in response to orders issued by a court or family
21court commissioner. The department shall periodically update the statewide
22support lien docket to reflect changes in the amounts of the liens contained in the
23docket.
AB651-ASA2,44,824 (d) Amount of lien; satisfaction. The amount of any support obligation that is
25a lien under this subsection may be determined by requesting that information from

1the county child support agency or the register of deeds, as specified by the
2department. Payment of the full amount that is delinquent at the time of payment
3to that county child support agency extinguishes that lien. Upon request, the county
4child support agency shall furnish to the payer of the delinquent amount a
5satisfaction of lien showing that the amount of support owed has been paid in full and
6that the person no longer owes the delinquent amount. The satisfaction of lien may
7be recorded in the office of the register of deeds for any county in which real or
8personal property of the person who owed the support is located.
AB651-ASA2,44,21 9(3) Notification and appeal of lien. (a) Notice. When a delinquent support
10obligation is included in the statewide support lien docket, the department shall
11provide notice to the obligor that a lien exists with respect to the delinquent support
12obligation. The notice shall include the amount of the delinquent child support
13obligation and shall inform the obligor that the lien is in effect. The notice shall
14inform the obligor of the obligor's right to request a financial records and court order
15review under par. (ag) and the obligor's right to request a court hearing under par.
16(ar). The notice under this paragraph shall also inform the obligor that the
17department will not take actions to enforce the lien if the obligor pays the delinquent
18amount in full or makes satisfactory alternative payment arrangements with the
19department or a county child support agency. The notice shall inform the individual
20of how he or she may pay the delinquent amount or make satisfactory alternative
21payment arrangements.
AB651-ASA2,45,1022 (ag) Financial records and court order review. 1. Within 10 business days of
23the date of the notice under par. (a), the obligor may file a written request for a
24financial records and court order review with the county child support agency. If the
25obligor makes a timely request for a financial records and court order review under

1this paragraph, the department shall hold the review as soon as practicable, but in
2no event to exceed 60 days after the date of the request. The department shall
3conduct the financial records and court order review at no charge to the obligor. As
4soon as practicable after conducting the financial records and court order review, the
5department shall make a determination regarding whether the amount of the
6delinquency contained in the notice is correct and shall provide a copy of the
7determination to the obligor. If the department determines that the amount of the
8delinquency is incorrect, the department shall take appropriate actions to correct the
9inaccuracy. The notice of the determination shall include information regarding the
10obligor's right to request a review of the determination under subd. 2.
AB651-ASA2,45,2211 2. If the obligor disagrees with the determination of the department, the obligor
12may request a hearing with the court or a family court commissioner to review the
13department's determination. To request a hearing under this subdivision, the
14obligor shall make the request within 5 business days of the date of the department's
15determination under subd. 1. The obligor shall make the request in writing and shall
16mail or deliver a copy of the request to the county child support agency. If a timely
17request for a hearing is made under this subdivision, the court or family court
18commissioner shall hold the hearing within 15 business days of the request. If, at
19the hearing, the obligor establishes that the lien is not proper because of a mistake
20of fact, the court or family court commissioner shall order the department to remove
21the lien from the statewide support lien docket or adjust the amount of the
22delinquent obligation.
AB651-ASA2,46,723 (ar) Direct appeal. If the obligor has not requested a financial records and court
24order review under par. (ag), the obligor may request a hearing under this paragraph
25within 20 business days of the date of the notice under par. (a). The obligor shall

1make the request in writing and shall mail or deliver a copy of the request to the
2county child support agency. If a timely request for a hearing is made under this
3paragraph, the court or family court commissioner shall schedule a hearing within
410 days after the date of the request. If, at the hearing, the obligor establishes that
5the lien is not proper because of a mistake of fact, the court or family court
6commissioner shall order the department to remove the lien from the statewide
7support lien docket or adjust the amount of the delinquent obligation.
AB651-ASA2,46,158 (b) Appeal. If a family court commissioner conducts a hearing under par. (ag)
9or (ar), the department or the obligor may, within 15 business days after the date of
10the decision by the family court commissioner, request review of the decision by the
11court having jurisdiction over the action. The court conducting the review may order
12that the lien be withdrawn from the statewide support lien dockets or may order an
13adjustment of the amount of the delinquent obligation. If no appeal is sought or if
14the court does not order the withdrawal of the lien, the department may take
15appropriate actions to enforce the lien.
AB651-ASA2,46,23 16(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
17to pay the support owed by the obligor after the department has made demand for
18payment, the department may collect that support and the levy fees and costs under
19sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
20to (7). Whenever the value of any property that has been levied upon under this
21subsection is not sufficient to satisfy the claim of the department, the department
22may levy upon any additional property of the obligor until the support owed and levy
23costs are fully paid.
AB651-ASA2,46,24 24(5) Levying against financial accounts. (a) Definitions. In this subsection:
AB651-ASA2,46,2525 1. "Account" has the meaning given in s. 49.853 (1) (a).
AB651-ASA2,47,1
12. "Financial institution" has the meaning given in s. 49.853 (1) (c).
AB651-ASA2,47,112 (b) Notice to the financial institution. To enforce a lien under this section by
3levying against an account at a financial institution, the department shall send a
4notice of levy to the financial institution instructing the financial institution to
5prohibit the closing of or withdrawals from one or more accounts that the obligor
6owns in whole or in part, up to a total amount that is sufficient to pay the support
7owed, financial institution fees under par. (e) and estimated levy fees and costs under
8sub. (11), until further notice from the department or a court. The financial
9institution shall comply with the notice of levy and shall hold the amount specified
10in the notice until the financial institution receives further instructions from the
11department or a court.
AB651-ASA2,47,1812 (d) Notice to the obligor and certain others. No later than the next business day
13after the department sends notice of levy to the financial institution under par. (b),
14the department shall send a copy of the notice of levy to the obligor. The department
15shall also send a copy of the notice of levy to any other person who has an ownership
16interest in the account. The notices required under this paragraph shall be in the
17form determined by the department, however the notice shall include language
18stating all of the following:
AB651-ASA2,47,1919 1. That the obligor has been certified as delinquent in paying support.
AB651-ASA2,47,2020 2. The amount of the support owed.
AB651-ASA2,47,2221 3. The financial institution to which the department sent the notice under par.
22(b).
AB651-ASA2,47,2523 4. That one or more accounts owned in whole or in part by the obligor at the
24financial institution have been frozen, up to a total amount that is sufficient pay the
25support owed, the department's levy costs and financial institution fees.
AB651-ASA2,48,3
16. That the obligor may request a hearing within 20 business days after the
2date of the notice, by submitting the request in writing and by mailing or delivering
3a copy of the request to the county child support agency.
AB651-ASA2,48,74 6m. That a person, other than the obligor, who holds the account jointly with
5the obligor may request a hearing within 20 business days after the date of the notice,
6to protect the portion of the jointly held account that is attributable to his or her net
7contributions to the jointly held account.
AB651-ASA2,48,98 7. The address to which the request for hearing must be mailed or delivered in
9order to schedule a hearing.
AB651-ASA2,48,1810 (e) Financial institution fees. A financial institution may continue to collect
11fees, under the terms of the account agreement, on accounts frozen under this
12subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
13institution may collect any early withdrawal penalty incurred under the terms of an
14account as a result of the levy. Financial institution fees authorized under this
15paragraph may be charged to the account immediately prior to the remittance of the
16amount to the department and may be charged even if the amounts in the obligor's
17accounts are insufficient to pay the total amount of support owed and the
18department's levy costs under sub. (11) (b).
AB651-ASA2,49,1419 (f) Hearings. A hearing requested under par. (d) 6. shall be conducted before
20the circuit court rendering the order to pay support. Within 45 business days after
21receiving a request for hearing under par. (d) 6., the court shall conduct the hearing.
22The family court commissioner may conduct the hearing. The hearing shall be
23limited to a review of whether the account holder owes the amount of support
24certified and whether any alternative payment arrangement offered by the
25department or the county child support agency is reasonable. If the court or family

1court commissioner makes a written determination that an alternative payment
2arrangement offered by the department or county child support agency is not
3reasonable, the court or family court commissioner may order an alternative
4payment arrangement. If the court or family court commissioner orders an
5alternative payment arrangement, the court or family court commissioner shall
6order the department to release all or a portion of the funds. If the court or family
7court commissioner determines that the account holder does not owe support or owes
8less than the amount claimed by the department, the court shall order the
9department to return the seized funds or the excess of the seized funds over the
10amount of the delinquency to the account holder. If a family court commissioner
11conducts the hearing under this paragraph, the department or the obligor may,
12within 15 business days after the date that the family court commissioner makes his
13or her decision, request review of the decision by the court with jurisdiction over the
14action.
AB651-ASA2,49,24 15(6) Levying against other personal property. (a) When notice of seizure
16required.
If the department has enforced a lien under this section by levying against
17personal property, the department shall immediately notify the obligor that the
18property has been seized. The department shall provide the notice of seizure under
19this paragraph to any person having an ownership interest in the property or any
20other person with an interest of record in the property. If the property is titled, the
21department shall also send a copy of the notice of seizure to the state agency that
22titles the property. A state agency receiving a notice under this paragraph may not
23transfer title to the personal property described in the notice, except on the
24instructions of a court or the department.
AB651-ASA2,50,2
1(b) Content of notice of seizure. The notice provided under par. (a) shall include
2all of the following:
AB651-ASA2,50,33 1. The name of the obligor and the amount of the support owed.
AB651-ASA2,50,44 2. A description of the personal property seized.
AB651-ASA2,50,75 3. A statement that the obligor may, within 20 business days after the date of
6the notice, request a hearing on the questions of whether past-due support is owed
7and whether the property was wrongfully seized.
AB651-ASA2,50,118 3m. A statement that a person, other than the obligor, who holds the personal
9property jointly with the obligor may request a hearing within 20 business days after
10the date of the notice, to protect the portion of the jointly held personal property that
11is attributable to his or her net contributions to the jointly held personal property.
AB651-ASA2,50,1412 4. A statement that the hearing may be requested by submitting the request
13in writing and by mailing or delivering a copy of the request to the county child
14support agency.
AB651-ASA2,51,1415 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court
16commissioner shall schedule a hearing within 10 business days after receiving the
17request under par. (b) 4. The hearing shall be limited to a review of whether the
18obligor owes the amount of support owed that is stated in the notice of seizure and
19whether any alternative payment arrangement offered by the department or the
20county child support agency is reasonable. If the court or family court commissioner
21makes a written determination that an alternative payment arrangement offered by
22the department or county child support agency is not reasonable, the court or family
23court commissioner may order an alternative payment arrangement. If the court or
24family court commissioner orders an alternative payment arrangement, the court or
25family court commissioner shall order the department to return the seized property

1within 15 business days. If the court or family court commissioner determines that
2the obligor does not owe support or owes less than the amount claimed by the
3department, the court shall order the department to return the seized property
4within 15 business days or specify the amount which may be retained by the
5department after the sale of the seized property. If a family court commissioner
6conducts the hearing under this paragraph, the department or the obligor may,
7within 15 business days after the date that the family court commissioner makes his
8or her decision, request review of the decision by the court with jurisdiction over the
9action. The court reviewing the decision may order the department to return the
10seized property or may authorize the sale of the property by the department. If the
11department is ordered to return seized property under this paragraph, the court
12shall instruct any state agency responsible for titling the property that it may
13transfer title to the property without receiving instructions from a court or the
14department under par. (a).
AB651-ASA2,51,1815 (d) Notice of sale. As soon as practicable after seizing the personal property and
16after any requested hearings are conducted under par. (c), the department shall send
17a notice to the obligor indicating when and where the property will be sold. The
18department shall publish or post the time and date of sale.
AB651-ASA2,51,2419 (e) Redemption. At any time after receiving the notice of sale under par. (d),
20but before the property is sold, the obligor may redeem the property by arranging for
21the payment of total past-due support owed together with any levy fees and costs
22under sub. (11). If the obligor redeems the property, the department shall instruct
23the titling agency that the agency may transfer title to the property without receiving
24instructions from a court or the department under par. (a).
AB651-ASA2,52,6
1(f) Sale. The date of sale must be no more than 60 days after the date of the
2notice of sale under par. (d). The department shall give the purchaser of property
3under this paragraph a certificate of sale upon payment in full of the purchase price.
4If the property seized and sold is titled property, the department shall direct the state
5agency that titled the property to transfer the title of the property to the purchaser
6of the property.
AB651-ASA2,52,14 7(7) Levying against real property. (a) When notice of intent to levy required.
8To enforce a lien under this section by levying against real property, the department
9shall provide the obligor and all owners of the real property with a notice of intent
10to levy under par. (b) 1. A copy of the notice under par. (b) 1. shall be provided to the
11register of deeds in the county where the real property is located. A register of deeds
12receiving a notice of intent to levy under this paragraph shall file the notice of intent
13to levy. The department shall provide a notice of intent to levy under par. (b) 2. to
14any person having an interest of record in the real property.
AB651-ASA2,52,1715 (b) Content of notice of intent. 1. The notice provided under par. (a) to the
16obligor, to owners of the property and to the register of deeds shall include all of the
17following:
AB651-ASA2,52,1818 a. The name of the obligor and the amount of the support owed.
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