SB40-CSA1,790,2422
49.852
(2) (c) Request that the person inform the department
of workforce
23development or the appropriate county child support agency under s. 59.53 (5) if a
24bankruptcy stay is in effect with respect to the person.
SB40-CSA1,791,17
149.852
(3) If a person has requested a hearing pursuant to sub. (2) (b), the
2hearing shall be conducted before the circuit court that rendered the initial order to
3pay support. The court shall schedule a hearing within 10 business days after
4receiving a request for a hearing. A circuit court commissioner may conduct the
5hearing. If the court determines that the person owes the amount specified in the
6statewide support lien docket under s. 49.854 (2) (b), the department
of workforce
7development may direct the department of employee trust funds, the retirement
8system of any 1st class city, any retirement system established under
chapter 201,
9laws of 1937, or the administrator of any other pension plan, whichever is
10appropriate, to withhold the amount from any lump sum payment from a pension
11plan that may be paid the person. If the court determines that the person does not
12owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
13the department
of workforce development may not direct the department of
14employee trust funds, the retirement system of any 1st class city, any retirement
15system established under
chapter 201, laws of 1937, or the administrator of any
16other pension plan, whichever is appropriate, to withhold the amount from any lump
17sum payment from a pension plan that may be paid the person.
SB40-CSA1,791,2519
49.852
(4) (a) If the department
of workforce development directs the
20department of employee trust funds, the retirement system of any 1st class city, any
21retirement system established under
chapter 201, laws of 1937, or the administrator
22of any other pension plan to withhold the amount specified in the statewide support
23lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the
24amount specified in the statewide support lien docket, on any lump sum payment
25from a pension plan that may be paid the person.
SB40-CSA1,792,172
49.852
(4) (b) If the department
of workforce development directs the
3department of employee trust funds, the retirement system of any 1st class city, any
4retirement system established under
chapter 201, laws of 1937, or the administrator
5of any other pension plan to withhold the amount specified in the statewide support
6lien docket under s. 49.854 (2) (b), the department of employee trust funds, the
7retirement system of any 1st class city, any retirement system established under
8chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct
9from any lump sum payment that may be paid the person the amount specified in
10the statewide support lien docket, less any amount specified under par. (d). If the
11amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any
12amount specified under par. (d), exceeds the lump sum payment, the department of
13employee trust funds, the retirement system of any 1st class city, any retirement
14system established under
chapter 201, laws of 1937, or the administrator of any
15other pension plan shall deduct the entire lump sum payment, less any withholdings
16otherwise required by law. The amount deducted under this paragraph shall be
17remitted to the department
of workforce development.
SB40-CSA1,792,2419
49.852
(4) (c) A directive to the department of employee trust funds, the
20retirement system of any 1st class city, any retirement system established under
21chapter 201, laws of 1937, or the administrator of any other pension plan to withhold
22the amount specified in the statewide support lien docket under s. 49.854 (2) (b)
23under this section does not prohibit the department
of workforce development from
24attempting to recover the amount through other legal means.
SB40-CSA1,793,5
149.852
(4) (d) The department
of workforce development shall promptly notify
2the department of employee trust funds, the retirement system of any 1st class city,
3any retirement system established under
chapter 201, laws of 1937, or the
4administrator of any other pension plan upon recovery of any amount previously
5specified in the statewide support lien docket under s. 49.854 (2) (b).
SB40-CSA1,793,87
49.853
(1) (b) "Department" means the department of
workforce development 8children and families.
SB40-CSA1,793,1110
49.854
(1) (a) "Department" means the department of
workforce development
11children and families.
SB40-CSA1,793,1513
49.854
(5) (a) 3. "Lien" means a lien under this section or a lien in favor of
14another state based on a support obligation, including a lien placed under s. 769.305
15(2) (g).
SB40-CSA1,794,217
49.854
(5) (b)
Notice to the financial institution. To enforce a lien
under this
18section by levying against an account at a financial institution, the department shall
19send a notice of levy to the financial institution instructing the financial institution
20to prohibit the closing of or withdrawals from one or more accounts that the obligor
21owns in whole or in part, up to a total amount that is sufficient to pay the support
22owed, financial institution fees under par. (e)
, and estimated levy fees and costs
23under sub. (11), until further notice from the department or a court. The financial
24institution shall comply with the notice of levy and shall hold the amount specified
1in the notice until the financial institution receives further instructions from the
2department or a court.
SB40-CSA1,794,124
49.854
(5) (c)
Liens in favor of other states. Notwithstanding par. (b), if a lien
5under par. (b) is in favor of another state, the notice sent by the department to the
6financial institution may consist of the request from the other state to enforce the
7lien, a certification by the department that any necessary due process requirements
8were met in the other state, a request that the financial institution honor the request
9from the other state by sending the amount specified in the request directly to the
10other state, and the address to which the financial institution shall send the funds.
11Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor
12of another state.
SB40-CSA1,794,2214
49.854
(5) (e)
Financial institution fees. A financial institution may continue
15to collect fees, under the terms of the account agreement, on accounts frozen under
16this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
17institution may collect any early withdrawal penalty incurred under the terms of an
18account as a result of the levy. Financial institution fees authorized under this
19paragraph may be charged to the account immediately prior to the remittance of the
20amount to the department
or the other state and may be charged even if the amounts
21in the obligor's accounts are insufficient to pay the total amount of support owed and
22the department's levy costs under sub. (11) (b).
SB40-CSA1,795,424
49.854
(11) (b)
The department. The department may assess a collection fee
25to recover the department's costs incurred in levying against property under this
1section. The department shall determine its costs to be paid in all cases of levy. The
2obligor is liable to the department for the amount of the collection fee authorized
3under this paragraph. Fees collected under this paragraph shall be credited to the
4appropriation account under s.
20.445 (3) 20.437 (2) (ja).
SB40-CSA1,795,146
49.855
(1) If a person obligated to pay child support, family support,
7maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is
8delinquent in making any of those payments, or owes an outstanding amount that
9has been ordered by the court for past support, medical expenses, or birth expenses,
10upon application under s. 59.53 (5) the department of
workforce development 11children and families shall certify the delinquent payment or outstanding amount
12to the department of revenue and, at least annually, shall provide to the department
13of revenue any certifications of delinquencies or outstanding amounts that it receives
14from another state because the obligor resides in this state.
SB40-CSA1,795,1816
49.855
(2r) At least annually, the department of children and families shall
17certify to the department of revenue any obligation owed to that department under
18s. 49.345 if the obligation is rendered to a judgment.
SB40-CSA1,796,1920
49.855
(3) Receipt of a certification by the department of revenue shall
21constitute a lien, equal to the amount certified, on any state tax refunds or credits
22owed to the obligor. The lien shall be foreclosed by the department of revenue as a
23setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
24that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
25obligor that the state intends to reduce any state tax refund or credit due the obligor
1by the amount the obligor is delinquent under the support, maintenance, or receiving
2and disbursing fee order or obligation, by the outstanding amount for past support,
3medical expenses, or birth expenses under the court order, or by the amount due
4under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The notice shall provide that within 20
5days the obligor may request a hearing before the circuit court rendering the order
6under which the obligation arose. Within 10 days after receiving a request for
7hearing under this subsection, the court shall set the matter for hearing. Pending
8further order by the court or a circuit court commissioner, the department of
9workforce development children and families or its designee, whichever is
10appropriate, is prohibited from disbursing the obligor's state tax refund or credit.
11A circuit court commissioner may conduct the hearing. The sole issues at that
12hearing shall be whether the obligor owes the amount certified and, if not and it is
13a support or maintenance order, whether the money withheld from a tax refund or
14credit shall be paid to the obligor or held for future support or maintenance, except
15that the obligor's ability to pay shall also be an issue at the hearing if the obligation
16relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 767.89 (3) (e) 1. or
17767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that
18the obligor's income was at or below the poverty line established under
42 USC 9902 19(2).
SB40-CSA1,797,721
49.855
(4) (a) The department of revenue shall send the portion of any state tax
22refunds or credits withheld for delinquent child or family support or maintenance or
23past support, medical expenses, or birth expenses to the department of
workforce
24development children and families or its designee for deposit in the support
25collections trust fund under s. 25.68 and shall send the portion of any state tax
1refunds or credits withheld for delinquent receiving and disbursing fees to the
2department of
workforce development children and families or its designee for
3deposit in the appropriation account under s.
20.445 (3) 20.437 (2) (ja). The
4department of
workforce development children and families shall make a settlement
5at least annually with the department of revenue. The settlement shall state the
6amounts certified, the amounts deducted from tax refunds and credits, and the
7administrative costs incurred by the department of revenue.
SB40-CSA1,797,189
49.855
(4) (b) The department of administration shall send the portion of any
10federal tax refunds or credits received from the internal revenue service that was
11withheld for delinquent child or family support or maintenance or past support,
12medical expenses, or birth expenses to the department of
workforce development 13children and families or its designee for deposit in the support collections trust fund
14under s. 25.68 and shall send the portion of any federal tax refunds or credits received
15from the internal revenue service that was withheld for delinquent receiving and
16disbursing fees to the department of
workforce development children and families 17or its designee for deposit in the appropriation account under s.
20.445 (3) 20.437 (2) 18(ja).
SB40-CSA1,798,2420
49.855
(4m) (b) The department of revenue may provide a certification that it
21receives under sub. (1), (2m),
or (2p)
, or (2r) to the department of administration.
22Upon receipt of the certification, the department of administration shall determine
23whether the obligor is a vendor or is receiving any other payments from this state,
24except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
2545.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration
1determines that the obligor is a vendor or is receiving payments from this state,
2except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
345.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
4certified from those payments and shall notify the obligor that the state intends to
5reduce any payments due the obligor by the amount the obligor is delinquent under
6the support, maintenance, or receiving and disbursing fee order or obligation, by the
7outstanding amount for past support, medical expenses, or birth expenses under the
8court order, or by the amount due under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The
9notice shall provide that within 20 days after receipt of the notice the obligor may
10request a hearing before the circuit court rendering the order under which the
11obligation arose. An obligor may, within 20 days after receiving notice, request a
12hearing under this paragraph. Within 10 days after receiving a request for hearing
13under this paragraph, the court shall set the matter for hearing. A circuit court
14commissioner may conduct the hearing. Pending further order by the court or circuit
15court commissioner, the department of
workforce development children and families 16or its designee, whichever is appropriate, may not disburse the payments withheld
17from the obligor. The sole issues at the hearing are whether the obligor owes the
18amount certified and, if not and it is a support or maintenance order, whether the
19money withheld shall be paid to the obligor or held for future support or
20maintenance, except that the obligor's ability to pay is also an issue at the hearing
21if the obligation relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 22767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that
23the court found that the obligor's income was at or below the poverty line established
24under
42 USC 9902 (2).
SB40-CSA1,799,10
149.855
(4m) (c) Except as provided by order of the court after hearing under
2par. (b), the department of administration shall continue withholding until the
3amount certified is recovered in full. The department of administration shall
4transfer the amounts withheld under this paragraph to the department of
workforce
5development children and families or its designee, the department of health and
6family services, or the department of corrections, whichever is appropriate. The
7department of
workforce development children and families or its designee shall
8deposit amounts withheld for delinquent child or family support, maintenance, or
9receiving and disbursing fees or past support, medical expenses, or birth expenses
10in the appropriation account under s.
20.445 (3)
20.437 (2) (kp).
SB40-CSA1,799,1612
49.855
(5) Certification of an obligation to the department of revenue does not
13deprive any party of the right to collect the obligation or to prosecute the obligor. The
14department of
workforce development children and families or its designee shall
15immediately notify the department of revenue of any collection of an obligation that
16has been certified to the department of revenue.
SB40-CSA1,799,1918
49.856
(1) (b) "Department" means the department of
workforce development 19children and families.
SB40-CSA1,799,2121
49.857
(1) (cf) "Department" means the department of children and families.
SB40-CSA1,799,2523
49.857
(1) (f) "Subpoena or warrant" means a subpoena or warrant issued by
24the department
of workforce development or a child support agency and relating to
25paternity or support proceedings.
SB40-CSA1,800,92
49.857
(2) (a) The department
of workforce development shall establish a
3system, in accordance with federal law, under which a licensing authority is
4requested, and a licensing agency or credentialing board is required, to restrict,
5limit, suspend, withhold, deny, refuse to grant or issue
, or refuse to renew or
6revalidate a license in a timely manner upon certification by and in cooperation with
7the department
of workforce development, if the individual holding or applying for
8the license is delinquent in making court-ordered payments of support or fails to
9comply, after appropriate notice, with a subpoena or warrant.
SB40-CSA1, s. 1723
10Section
1723. 49.857 (2) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,800,1511
49.857
(2) (b) (intro.) Under the system, the department
of workforce
12development shall enter into a memorandum of understanding with a licensing
13authority, if the licensing authority agrees, and with a licensing agency. A
14memorandum of understanding under this paragraph shall address at least all of the
15following:
SB40-CSA1, s. 1724
16Section
1724. 49.857 (2) (b) 2. (intro.) of the statutes is amended to read:
SB40-CSA1,800,1817
49.857
(2) (b) 2. (intro.) Procedures that the department
of workforce
18development shall use for doing all of the following:
SB40-CSA1, s. 1725
19Section
1725. 49.857 (2) (b) 2. a. of the statutes is amended to read:
SB40-CSA1,801,220
49.857
(2) (b) 2. a. Certifying to the licensing authority or licensing agency a
21delinquency in support or a failure to comply with a subpoena or warrant. The
22memorandum of understanding with the department of regulation and licensing
23shall include procedures for the department of regulation and licensing to notify a
24credentialing board that a certification of delinquency in support or failure to comply
25with a subpoena or warrant has been made by the department of
workforce
1development children and families with respect to an individual who holds or applied
2for a credential granted by the credentialing board.
SB40-CSA1, s. 1726
3Section
1726. 49.857 (2) (b) 3. c. of the statutes is amended to read:
SB40-CSA1,801,184
49.857
(2) (b) 3. c. Issuing or reinstating a license if the department of
5workforce development children and families notifies the licensing authority or
6licensing agency that an individual who was delinquent in making court-ordered
7payments of support has paid the delinquent support or made satisfactory
8alternative payment arrangements or that an individual who failed to comply with
9a subpoena or warrant has satisfied the requirements under the subpoena or
10warrant. The memorandum of understanding with the department of regulation
11and licensing shall include procedures for the department of regulation and licensing
12to direct a credentialing board to grant or reinstate a credential if the department
13of
workforce development children and families notifies the department of
14regulation and licensing that an individual who holds or applied for a credential
15granted by the credentialing board has paid the delinquent support or made
16satisfactory alternative payment arrangements or that an individual who failed to
17comply with a subpoena or warrant has satisfied the requirements under the
18subpoena or warrant.
SB40-CSA1,801,2320
49.857
(2) (b) 5. Procedures for safeguarding the confidentiality of information
21about an individual, including social security numbers obtained by the department
22of workforce development, the licensing authority, the licensing agency
, or a
23credentialing board.
SB40-CSA1, s. 1728
24Section
1728. 49.857 (3) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,802,6
149.857
(3) (a) (intro.) Before the department
of workforce development certifies
2to a licensing authority or a licensing agency under the system established under
3sub. (2) that an individual is delinquent in making court-ordered payments of
4support, the department
of workforce development or a child support agency shall
5provide notice to the individual by regular mail. The notice shall inform the
6individual of all of the following:
SB40-CSA1,802,128
49.857
(3) (a) 4. That the certification will not be made if the individual pays
9the delinquent amount in full or makes satisfactory alternative payment
10arrangements with the department
of workforce development or a child support
11agency. The notice shall inform the individual of how he or she may pay the
12delinquent amount or make satisfactory alternative payment arrangements.
SB40-CSA1,802,2014
49.857
(3) (ac) 1. If an individual timely requests a hearing under par. (a) 5.,
15the court shall schedule a hearing within 10 business days after receiving the
16request. A circuit court commissioner may conduct the hearing. The only issues at
17the hearing shall be whether the individual is delinquent in making court-ordered
18payments of support and whether any alternative payment arrangement offered by
19the department
of workforce development or the county child support agency is
20reasonable.
SB40-CSA1,803,222
49.857
(3) (ac) 2. If at a hearing under subd. 1. the court or circuit court
23commissioner finds that the individual does not owe delinquent support, or if within
2420 business days after receiving a notice under par. (a) the individual pays the
25delinquent amount in full or makes satisfactory alternative payment arrangements,
1the department
of workforce development may not place the individual's name on a
2certification list.
SB40-CSA1,803,104
49.857
(3) (ac) 3. If at a hearing under subd. 1. the court or circuit court
5commissioner makes a written determination that alternative payment
6arrangements proposed by the department
of workforce development or a child
7support agency are not reasonable, the court or circuit court commissioner may order
8for the individual an alternative payment arrangement. If the court or circuit court
9commissioner orders an alternative payment arrangement, the department
of
10workforce development may not place the individual's name on a certification list.
SB40-CSA1, s. 1733
11Section
1733. 49.857 (3) (am) (intro.) of the statutes is amended to read:
SB40-CSA1,803,1812
49.857
(3) (am) (intro.) If an individual, after receiving notice under par. (a),
13does not timely request a hearing or pay the delinquent amount of support or make
14satisfactory alternative payment arrangements, the department
of workforce
15development shall place the individual's name on a certification list. Thereafter, the
16department
of workforce development or a child support agency shall provide a 2nd
17notice to the individual by regular mail that informs the individual of all of the
18following:
SB40-CSA1,803,2420
49.857
(3) (am) 4. That the certification will not be made if the individual pays
21the delinquent amount in full or makes satisfactory alternative payment
22arrangements with the department
of workforce development or a child support
23agency. The notice shall inform the individual of how he or she may pay the
24delinquent amount or make satisfactory alternative payment arrangements.
SB40-CSA1,804,7
149.857
(3) (ar) 1. If an individual timely requests a hearing under par. (am) 5.,
2the court shall schedule a hearing within 10 business days after receiving the
3request. A circuit court commissioner may conduct the hearing. The only issues at
4the hearing shall be whether the individual is delinquent in making court-ordered
5payments of support and whether any alternative payment arrangement offered by
6the department
of workforce development or the county child support agency is
7reasonable.
SB40-CSA1,804,149
49.857
(3) (ar) 2. If at a hearing under subd. 1. the court or circuit court
10commissioner finds that the individual does not owe delinquent support, or if within
1120 business days after receiving a notice under par. (am) the individual pays the
12delinquent amount in full or makes satisfactory alternative payment arrangements,
13the department
of workforce development shall remove the individual's name from
14the certification list.
SB40-CSA1,804,2216
49.857
(3) (ar) 3. If at a hearing under subd. 1. the court or circuit court
17commissioner makes a written determination that alternative payment
18arrangements proposed by the department
of workforce development or a child
19support agency are not reasonable, the court or circuit court commissioner may order
20for the individual an alternative payment arrangement. If the court or circuit court
21commissioner orders an alternative payment arrangement, the department
of
22workforce development may not place the individual's name on a certification list.
SB40-CSA1, s. 1738
23Section
1738. 49.857 (3) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,805,724
49.857
(3) (b) (intro.) Any subpoena or warrant shall include notice to the
25individual of the effect that a failure to comply with the subpoena or warrant may
1have on any license that the individual holds or for which the individual applies. If
2the individual fails to comply, before the department
of workforce development 3certifies to a licensing authority or a licensing agency under the system established
4under sub. (2) that an individual has failed to comply with a subpoena or warrant,
5the department
of workforce development or a child support agency shall provide
6notice to the individual by regular mail. The notice shall inform the individual of all
7of the following:
SB40-CSA1,805,119
49.857
(3) (bm) If an individual, after receiving notice under par. (b), does not
10satisfy the requirements under the subpoena or warrant, the department
of
11workforce development shall place the individual's name on a certification list.
SB40-CSA1, s. 1740
12Section
1740. 49.857 (3) (c) (intro.) of the statutes is amended to read:
SB40-CSA1,805,1913
49.857
(3) (c) (intro.) If the department of
workforce development children and
14families provides a certification list to a licensing authority, a licensing agency or,
15with respect to a credential granted by a credentialing board, the department of
16regulation and licensing, upon receipt of the list the licensing authority if the
17licensing authority agrees, the licensing agency or, with respect to a credential
18granted by a credentialing board, the department of regulation and licensing shall
19do all of the following:
SB40-CSA1,806,721
49.857
(3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of
22delinquent support, is denied a license or whose license, on the basis of delinquent
23support, is restricted, limited, suspended
, or refused renewal or revalidation under
24a memorandum of understanding entered into under sub. (2) (b) pays the delinquent
25amount of support in full or makes satisfactory alternative payment arrangements,
1the department of
workforce development
children and families shall immediately
2notify the licensing authority or licensing agency to issue or reinstate the individual's
3license as provided in the memorandum of understanding. If the individual held or
4applied for a credential granted by a credentialing board, the department of
5regulation and licensing shall, upon notice by the department of
workforce
6development children and families, notify the credentialing board to grant or
7reinstate the individual's credential.