AB100: Bill Text

AB100,852,3 1. The custodial parent is ineligible for aid under s. 49.19 solely because he or she receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100,852,6 2. The custodial parent is ineligible for a Wisconsin works employment position, as defined under s. 49.141 (1) (r), solely because of the application of s. 49.145 (2) (i).

AB100,852,9 (3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one $77 payment per month for that dependent child.

AB100, s. 1985 Section 1985. 49.852 of the statutes is created to read:

AB100,852,20 49.852 Delinquent support payments; pension plans. (1) The department of industry, labor and job development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of industry, labor and job development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless its certification has either not been appealed or is no longer under appeal.

AB100,852,24 (2) The department of industry, labor and job development shall send a notice to the last-known address of the person from whom the department intends to recover the amount certified under s. 49.855 (1). The notice shall do all of the following:

AB100,853,5 (a) Inform the person that the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, shall withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid the person.

AB100,853,8 (b) Inform the person that he or she may, within 20 days after the date of the notice, by motion, request a court hearing on the issue of whether the person owes the amount certified under s. 49.855 (1).

AB100,853,11 (c) Request that the person inform the department of industry, labor and job development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.

AB100,854,2 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. Within 10 days after receiving a request for a hearing, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. If the court determines that the person owes the amount certified under s. 49.855 (1), the department of industry, labor and job development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount certified under s. 49.855 (1), the department of industry, labor and job development may not direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

AB100,854,8 (4) (a) If the department of industry, labor and job development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), this directive shall shall constitute a lien, equal to the amount certified, on any lump sum payment from a pension plan that may be paid the person.

AB100,854,24 (b) If the department of industry, labor and job development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, after verifying the amount certified under s. 49.885 (1), shall deduct from any lump sum payment that may be paid the person the amount that is certified, less any amount specified under par. (d). If the amount certified under s. 49.855 (1), less any amount specified under par. (d), exceeds the lump sum payment, the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct the entire lump sum payment, less any withholdings otherwise required by law. The amount deducted under this paragraph shall be remitted to the department of industry, labor and job development.

AB100,855,6 (c) A directive to the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) under this section does not prohibit the department of industry, labor and job development from attempting to recover the amount through other legal means.

AB100,855,11 (d) The department of industry, labor and job development shall promptly notify the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan upon recovery of any amount previously certified under s. 49.855 (1).

AB100, s. 1986 Section 1986. 49.853 of the statutes is created to read:

AB100,855,14 49.853 Financial record matching program. (1) Definitions. In this section:

AB100,855,17 (a) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.

AB100,855,19 (am) "County child support agency" means the county child support agency under s. 59.53 (5).

AB100,855,21 (b) "Department" means the department of industry, labor and job development.

AB100,855,22 (c) "Financial institution" means all of the following:

AB100,855,23 1. A depository institution, as defined in 12 USC 1813 (c).

AB100,855,25 2. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository institution under subd. 1.

AB100,856,1 3. A federal credit union or state credit union, as defined in 12 USC 1752.

AB100,856,3 4. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit union under subd. 3.

AB100,856,5 5. A benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in this state.

AB100,856,6 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).

AB100,856,7 (e) "Support" has the meaning given in s. 49.854 (1) (f).

AB100,856,13 (2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section, consisting of the components described in subs. (3) to (5). The department shall promulgate rules specifying procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section.

AB100,856,24 (3) Provision of information regarding delinquent payments and amounts. The department shall provide to a financial institution with which it has an agreement under sub. (2) information regarding all certifications of delinquent support that the department provides to the department of revenue under s. 49.855. The information shall be provided at least once each calendar quarter and shall include the amount of support owed, as well as the obligor's name, address of record and social security number or other taxpayer identification number. The information shall be provided to the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information required under this subsection shall be provided to the financial institution by an automated data exchange.

AB100,857,10 (4) Required matching. Each financial institution receiving information under sub. (3) shall take actions necessary to determine whether any obligor maintains an account at the financial institution. If the financial institution determines that an obligor has an account at the financial institution, the financial institution shall provide the department with a notice providing the obligor's account information, including the account number and the balance of the account at the time that the record match is made. The notice under this subsection shall be provided in the manner, and shall contain the information, specified by rule or agreement. To the extent feasible, the notice required under this subsection shall be provided to the department by an automated data exchange.

AB100,857,15 (5) Delegation. The department may delegate any powers and duties given to the department under this section to county child support agencies. The department may require financial institutions to provide county child support agencies with any notices that are required under this section to be provided to the department.

AB100, s. 1987 Section 1987. 49.854 of the statutes is created to read:

AB100,857,18 49.854 Liens against property for delinquent support payments. (1) Definitions. In this section:

AB100,857,20 (a) "Department" means the department of industry, labor and job development.

AB100,857,22 (b) "County child support agency" means the county child support agency under s. 59.53 (5).

AB100,857,23 (c) "Levy" means all powers of distraint and seizure.

AB100,857,24 (d) "Obligor" means a person who is obligated to pay court-ordered support.

AB100,858,3 (e) "Property" includes real and personal property, tangible and intangible property and rights to property, but is limited to property and rights to property existing at the time of levy.

AB100,858,4 (f) "Support" means any of the following:

AB100,858,5 1. Child or family support.

AB100,858,6 2. Maintenance.

AB100,858,7 3. Medical expenses of a child.

AB100,858,8 4. Birth expenses.

AB100,858,9 5. Any accrued interest on delinquent amounts under subds. 1. to 4.

AB100,858,15 (2) Creation of lien; satisfaction. (a) Creation. If a person obligated to pay support fails to pay any court-ordered amount of support, that amount is a lien in favor of the department upon all property of the person. The lien is effective at the time that the support is due and shall continue until the liability for the amount owed is satisfied. The lien is perfected by being included in a support lien docket under par. (b).

AB100,858,22 (b) Support lien docket. At least annually, the department shall provide to each clerk of circuit court a statewide listing of all certifications of delinquent support that the department provides to the department of revenue under s. 49.855. The department shall also provide the listing to each state agency that titles personal property. Upon receiving a listing under this paragraph, a clerk of court shall promptly file the listing. The list constitutes a support lien docket in the office of each clerk of circuit court. Each entry shall contain at least the following information:

AB100,858,23 1. The name of the obligor.

AB100,858,24 2. The social security number of the obligor.

AB100,858,25 3. Any county in which support owed by the obligor is of record.

AB100,859,1 4. The case number of each matter in which support is owed.

AB100,859,5 (c) Updating support lien dockets. A clerk of circuit court shall discard a list under par. (b) when a new list is received from the department to replace the previous list. The clerk of circuit court shall add or delete an entry in a support lien docket in response to the directions of the department or a court.

AB100,859,16 (d) Amount of lien; satisfaction. The amount of any support obligation that is a lien under this subsection may be determined by requesting that information from the clerk of circuit court or county child support agency for the county in which the support owed by the obligor is of record. Payment of the full amount that is delinquent at the time of payment to that clerk extinguishes that lien. Upon request, the clerk shall furnish to the payer of the delinquent amount a satisfaction of lien showing that the amount of support owed has been paid in full and that the person no longer owes any support with respect to the case number of the matter for which the amount was paid. The satisfaction of lien may be recorded in the office of the register of deeds for any county in which real and personal property of the person who owed the support is located.

AB100,860,4 (3) Notification and appeal of automatic lien. (a) Notice and hearing. When a delinquent support obligation is included in a listing provided to county clerks of court under sub. (2) (b), the department shall provide notice to the obligor that a lien exists with respect to the delinquent support obligation. The notice shall inform the obligor that the lien is in effect and that the obligor may, within a 20-day period, by motion, request a court hearing on the issue of whether support is owed by the obligor. If the obligor makes a timely request for a hearing under this subsection, the court or family court commissioner shall schedule a hearing within 10 business days after the date of the request. If, at the hearing, the obligor establishes that the lien is not proper because of a mistake of fact, the court or family court commissioner shall direct that that the lien be withdrawn from the support lien dockets of all clerks of circuit court and shall direct the department not to include the lien in future listings provided under sub. (2) (b).

AB100,860,11 (b) Appeal. If a family court commissioner conducts the hearing under par. (a), the department or the obligor may, within 15 business days after the date of the decision by the family court commissioner, request review of the decision by the court having jurisdiction over the action. The court conducting the review may order that the lien be withdrawn from the support lien dockets of all clerks of circuit court. If no appeal is sought or the court does not order the withdrawal of the lien, the department may take appropriate actions to enforce the lien.

AB100,860,19 (4) Powers of levy and distraint; generally. If any obligor neglects or refuses to pay the support owed by the obligor after the department has made demand for payment, the department may collect that support and the levy fees and costs under sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5) to (7). Whenever the value of any property that has been levied upon under this subsection is not sufficient to satisfy the claim of the department, the department may levy upon any additional property of the obligor until the support owed and levy costs are fully paid.

AB100,860,20 (5) Levying against financial accounts. (a) Definitions. In this subsection:

AB100,860,21 1. "Account" has the meaning given in s. 49.853 (1) (a).

AB100,860,22 2. "Financial institution" has the meaning given in s. 49.853 (1) (c).

AB100,861,4 (b) Freezing of accounts. To enforce a lien under this section by levying against an account at a financial institution, the department shall send a notice to the financial institution instructing the financial institution to prohibit the closing of or withdrawals from one or more accounts that the obligor owns in whole or in part, up to a total amount that is sufficient to pay the support owed, financial institution fees under par. (c) and estimated levy fees and costs under sub. (11), until further notice from the department or a court.

AB100,861,11 (c) Financial institution fees. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the levy against the account under par. (e) and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).

AB100,861,17 (d) Notice of intent to levy. No later than the next business day after the department sends notice to the financial institution under par. (b), the department shall send a notice of intent to levy to the obligor. The department shall also send a notice to any other person in whose name the account is held. The notices required under this paragraph shall be in the form determined by the department, however the notice sent to the obligor must include language stating all of the following:

AB100,861,18 1. That the obligor has been certified as delinquent in paying support.

AB100,861,19 2. The amount of the support owed.

AB100,861,21 3. The financial institution to which the department sent the notice under par. (b).

AB100,861,25 4. That one or more accounts owned in whole or in part by the obligor at the financial institution have been frozen, up to a total amount that is sufficient pay the support owed, the department's levy costs and financial institution fees, until further notice from the department.

AB100,862,3 5. That, unless the obligor requests a hearing within 20 business days after the date of the notice, the department may direct the financial institution to pay moneys from one or more of the obligor's accounts to the department to pay the support owed.

AB100,862,5 6. The address to which the request for hearing must be mailed or delivered in order to schedule a hearing.

AB100,862,14 (e) Notice of levy. If the obligor fails to make a timely request for a hearing, the department shall provide the financial institution to which the department sent a notice under par. (b) with a notice of levy ordering the financial institution to pay moneys from one or more of the obligor's accounts to the department to pay the support owed. A financial institution receiving a notice of levy under this paragraph shall pay the moneys to the department in the manner, and within the time, specified by rule or by agreement. If the department sends a a notice of levy to a financial institution under this paragraph, the department shall send a copy of the notice of levy to the obligor and to any other person in whose name the account is held.

AB100,862,22 (f) Hearings. A hearing requested under par. (d) 5. shall be conducted before the circuit court rendering the order to pay support. Within 10 business days after receiving a request for hearing under par. (d) 5., the court shall set the matter for hearing. The family court commissioner may conduct the hearing. The sole issue at the hearing shall be whether the obligor owes the amount of support certified. After a decision in the hearing is issued, the department shall either send a notice of levy to the financial institution under par. (e) ordering payment of the amount of support owed or instructing the financial institution to release the accounts.

AB100,863,5 (6) Levying against other personal property. (a) When notice of seizure required. If the department has enforced a lien under this section by levying against personal property, the department shall immediately notify the obligor that the property has been seized. The department shall provide the notice of seizure under this paragraph to any person known to have a lien on the property and, if the property is titled, to the state agency that titles the property. A state agency receiving a notice under this paragraph may not transfer title to the personal property described in the notice, except on the instructions of a court or the department.

AB100,863,7 (b) Content of notice of seizure. The notice provided under par. (a) shall include all of the following:

AB100,863,8 1. The name of the obligor and the amount of the support owed.

AB100,863,9 2. A description of the personal property seized.

AB100,863,12 3. A statement that the obligor may, within 20 business days after the date of the notice, request a hearing on the questions of whether past-due support is owed and whether the property was wrongfully seized.

AB100,863,14 4. A statement that the hearing may be requested by filing a motion with the court issuing the order to pay the support.

AB100,864,4 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 4. If, at the hearing, the obligor establishes that the seizure of the personal property was not proper because of a mistake of fact, the court or family court commissioner shall direct that the department or its designee return the seized personal property within 15 business days. If a family court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family court commissioner made his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may order the department to return the seized property or may authorize the sale of the property by the department. If the department is ordered to return seized property under this paragraph, the court shall instruct any state agency responsible for titling the property that it may transfer title to the property without receiving instructions from a court or the department under par. (a).

AB100,864,8 (d) Notice of sale. As soon as practicable after seizing the personal property and after any requested hearings are conducted under par. (c), the department shall send a notice to the obligor indicating when and where the property will be sold. The department shall publish or post the time and date of sale.

AB100,864,14 (e) Redemption. At any time after receiving the notice of sale under par. (d), but before the property is sold, the obligor may redeem the property by paying the total past-due support owed together with any levy fees and costs under sub. (11). If the obligor redeems the property, the department shall instruct the titling agency that the agency may transfer title to the property without receiving instructions from a court or the department under par. (a).

AB100,864,20 (f) Sale. The date of sale must be no more than 60 days after the date of the notice of sale under par. (d). The department shall give the purchaser of property under this paragraph a certificate of sale upon payment in full of the purchase price. If the property seized and sold is titled property, the department shall direct the state agency that titled the property to transfer the title of the property to the purchaser of the property.

AB100,864,24 (7) Levying against real property. (a) When notice of intent to levy required. To enforce a lien under this section by levying against real property, the department shall provide the obligor with a notice of intent to levy. The notice shall be provided to any persons known to have a lien against the real property.

AB100,865,2 (b) Content of notice of intent. The notice provided under par. (a) shall include all of the following:

AB100,865,3 1. The name of the obligor and the amount of the support owed.

AB100,865,5 2. A description of the real property against which the department intends to levy.

AB100,865,7 3. A statement that the obligor may, within 20 business days after the date of the notice, request a hearing on the question of whether past-due support is owed.

AB100,865,9 4. A statement that the hearing may be requested by filing a motion with the court issuing the order to pay the support.

AB100,865,12 5. In notices being provided to known lienholders, a request that the lienholder notify the department, within 10 days after receiving the notice under par. (a), of the amount of the lienholder's lien on the property.

AB100,865,23 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 4. If, at the hearing, the obligor establishes that enforcing a lien against the real property would not be proper because of a mistake of fact, the court or family court commissioner shall direct the department not to proceed with the levy. If a family court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family court commissioner made his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may direct the department not to proceed with the levy or may authorize the sale of the property by the department.