AB651, s. 65 24Section 65. 49.852 of the statutes is created to read:
AB651,43,9
149.852 Delinquent support payments; pension plans. (1) The
2department of workforce development may direct the department of employe trust
3funds, the retirement system of any 1st class city, any retirement system established
4under chapter 201, laws of 1937, or the administrator of any other pension plan to
5withhold the amount certified under s. 49.855 (1) from any lump sum payment from
6a pension plan that may be paid a delinquent support obligor, except that the
7department of workforce development may not direct that an amount be withheld
8under this subsection unless it has met the notice requirements under sub. (2) and
9unless its certification has either not been appealed or is no longer under appeal.
AB651,43,12 10(2) The department of workforce development shall send a notice to the
11last-known address of the person from whom the department intends to recover the
12amount certified under s. 49.855 (1). The notice shall do all of the following:
AB651,43,1713 (a) Inform the person that the department of employe trust funds, the
14retirement system of any 1st class city, any retirement system established under
15chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
16is appropriate, shall withhold the amount certified under s. 49.855 (1) from any lump
17sum payment from a pension plan that may be paid the person.
AB651,43,2018 (b) Inform the person that he or she may, within 20 days after the date of the
19notice, by motion, request a court hearing on the issue of whether the person owes
20the amount certified under s. 49.855 (1).
AB651,43,2321 (c) Request that the person inform the department of workforce development
22or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay
23is in effect with respect to the person.
AB651,44,14 24(3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing
25shall be conducted before the circuit court that rendered the initial order to pay

1support. Within 10 days after receiving a request for a hearing, the court shall set
2the matter for hearing. The family court commissioner may conduct the hearing.
3If the court determines that the person owes the amount certified under s. 49.855 (1),
4the department of workforce development may direct the department of employe
5trust funds, the retirement system of any 1st class city, any retirement system
6established under chapter 201, laws of 1937, or the administrator of any other
7pension plan, whichever is appropriate, to withhold the amount from any lump sum
8payment from a pension plan that may be paid the person. If the court determines
9that the person does not owe the amount certified under s. 49.855 (1), the department
10of workforce development may not direct the department of employe trust funds, the
11retirement system of any 1st class city, any retirement system established under
12chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
13is appropriate, to withhold the amount from any lump sum payment from a pension
14plan that may be paid the person.
AB651,44,20 15(4) (a) If the department of workforce development directs the department of
16employe trust funds, the retirement system of any 1st class city, any retirement
17system established under chapter 201, laws of 1937, or the administrator of any
18other pension plan to withhold the amount certified under s. 49.855 (1), this directive
19shall shall constitute a lien, equal to the amount certified, on any lump sum payment
20from a pension plan that may be paid the person.
AB651,45,1021 (b) If the department of workforce development directs the department of
22employe trust funds, the retirement system of any 1st class city, any retirement
23system established under chapter 201, laws of 1937, or the administrator of any
24other pension plan to withhold the amount certified under s. 49.855 (1), the
25department of employe trust funds, the retirement system of any 1st class city, any

1retirement system established under chapter 201, laws of 1937, or the administrator
2of any other pension plan shall deduct from any lump sum payment that may be paid
3the person the amount that is certified, less any amount specified under par. (d). If
4the amount certified under s. 49.855 (1), less any amount specified under par. (d),
5exceeds the lump sum payment, the department of employe trust funds, the
6retirement system of any 1st class city, any retirement system established under
7chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct
8the entire lump sum payment, less any withholdings otherwise required by law. The
9amount deducted under this paragraph shall be remitted to the department of
10workforce development.
AB651,45,1511 (c) A directive to the department of employe trust funds, the retirement system
12of any 1st class city, any retirement system established under chapter 201, laws of
131937
, or the administrator of any other pension plan to withhold the amount certified
14under s. 49.855 (1) under this section does not prohibit the department of workforce
15development from attempting to recover the amount through other legal means.
AB651,45,2016 (d) The department of workforce development shall promptly notify the
17department of employe trust funds, the retirement system of any 1st class city, any
18retirement system established under chapter 201, laws of 1937, or the administrator
19of any other pension plan upon recovery of any amount previously certified under s.
2049.855 (1).
AB651, s. 66 21Section 66. 49.853 of the statutes is created to read:
AB651,45,23 2249.853 Financial record matching program. (1) Definitions. In this
23section:
AB651,46,3
1(a) "Account" means a demand deposit account, checking or negotiable
2withdrawal order account, savings account, time deposit account or money market
3mutual fund account.
AB651,46,54 (am) "County child support agency" means the county child support agency
5under s. 59.53 (5).
AB651,46,66 (b) "Department" means the department of workforce development.
AB651,46,77 (c) "Financial institution" means any of the following:
AB651,46,881. A depository institution, as defined in 12 USC 1813 (c).
AB651,46,1092. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository
10institution under subd. 1.
AB651,46,11113. A federal credit union or state credit union, as defined in 12 USC 1752.
AB651,46,13124. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit
13union under subd. 3.
AB651,46,1514 5. A benefit association, insurance company, safe deposit company, money
15market mutual fund or similar entity authorized to do business in this state.
AB651,46,1616 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).
AB651,46,1717 (e) "Support" has the meaning given in s. 49.854 (1) (f).
AB651,47,2 18(2) Financial record matching program and agreements. The department
19shall operate a financial record matching program under this section. The
20department shall promulgate rules specifying procedures under which the
21department shall enter into agreements with financial institutions doing business
22in this state to operate the financial record matching program under this section.
23The agreement shall require the financial institution to participate in the financial
24record matching program under this section by electing either the financial

1institution matching option under sub. (3) or the state matching option under sub.
2(4).
AB651,47,11 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 to
6a financial 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.
AB651,47,2412 (b) Each financial institution receiving information under par. (a) shall take
13actions necessary to determine whether any obligor has an interest in an account
14maintained at the financial institution. If the financial institution determines that
15an obligor has an interest in an account at the financial institution, the financial
16institution shall provide the department with a notice containing the obligor's name,
17address of record, social security number or other taxpayer identification number,
18and account information. The information regarding the obligor's account shall
19include the account number, the account type, the nature of the obligor's interest in
20the account, and the balance of the account at the time that the record match is made.
21The notice under this paragraph shall be provided in the manner, and shall contain
22the information, specified by rule or agreement. To the extent feasible, the notice
23required under this paragraph shall be provided to the department by an automated
24data exchange.
AB651,48,6
1(c) The financial institution participating in the financial institution matching
2option under this subsection may use the information provided by the the
3department under par. (a) only for the purpose of matching records under par. (b).
4The financial institution may not disclose or retain information provided under par.
5(a) concerning obligors who do not have an interest in an account maintained at the
6financial institution.
AB651,48,18 7(4) State matching option. (a) If a financial institution with which the
8department has an agreement under sub. (2) elects to use the state matching option
9under this subsection, the financial institution shall periodically provide the
10department with information concerning all accounts maintained at the financial
11institution. For each account maintained at the financial institution, the financial
12institution shall notify the department of the account number, the account type, the
13balance of the account, and the name, address and social security number or other
14tax identification number of each person having an interest in the account, together
15with a description of each person's interest. The information required under this
16paragraph shall be provided in the manner, and shall contain the information,
17specified by rule or agreement. To the extent feasible, the notice required under this
18paragraph shall be provided to the department by an automated data exchange.
AB651,48,2119 (b) The department shall take actions necessary to determine whether any
20obligor has an interest in an account maintained at a financial institution providing
21information under par. (a).
AB651,48,2522 (c) The department may use the information provided by a financial institution
23under par. (a) only for the purpose of matching records under par. (b). The
24department may not disclose or retain information received under par. (a) concerning
25account holders who are not delinquent obligors.
AB651,49,5
1(5) Delegation. The department may delegate any powers and duties given
2to the department under this section to county child support agencies. The
3department may require financial institutions to provide county child support
4agencies with any notices that are required under this section to be provided to the
5department.
AB651, s. 67 6Section 67. 49.854 of the statutes is created to read:
AB651,49,8 749.854 Liens against property for delinquent support payments. (1)
8Definitions. In this section:
AB651,49,99 (a) "Department" means the department of workforce development.
AB651,49,1110 (b) "County child support agency" means the county child support agency under
11s. 59.53 (5).
AB651,49,1212 (c) "Levy" means all powers of distraint and seizure.
AB651,49,1313 (d) "Obligor" means a person who is obligated to pay court-ordered support.
AB651,49,1614 (e) "Property" includes real and personal property, tangible and intangible
15property and rights to property, but is limited to property and rights of the obligor
16to property existing at the time of levy.
AB651,49,1717 (f) "Support" means any of the following:
AB651,49,1818 1. Child or family support.
AB651,49,1919 2. Maintenance.
AB651,49,2020 3. Medical expenses of a child.
AB651,49,2121 4. Birth expenses.
AB651,49,2222 5. Any accrued interest on delinquent amounts under subds. 1. to 4.
AB651,50,2 23(2) Creation of lien; satisfaction. (a) Creation. If a person obligated to pay
24support fails to pay any court-ordered amount of support, that amount becomes a

1lien in favor of the department upon all property of the person when the lien is
2entered in the statewide support lien docket under par. (b).
AB651,50,73 (b) Statewide support lien docket. The department shall maintain a statewide
4support lien docket. For each county in the state, the department shall provide a copy
5of the statewide support lien docket to the register of deeds or the county child
6support agency. Each entry in the statewide support lien docket shall contain the
7name and the social security number of the obligor.
AB651,50,108 (c) Updating the statewide support lien docket. The department shall update
9the statewide support lien docket in response to orders issued by a court or family
10court commissioner.
AB651,50,2011 (d) Amount of lien; satisfaction. The amount of any support obligation that is
12a lien under this subsection may be determined by requesting that information from
13the county child support agency or the register of deeds, as specified by the
14department. Payment of the full amount that is delinquent at the time of payment
15to that county child support agency extinguishes that lien. Upon request, the county
16child support agency shall furnish to the payer of the delinquent amount a
17satisfaction of lien showing that the amount of support owed has been paid in full and
18that the person no longer owes the delinquent amount. The satisfaction of lien may
19be recorded in the office of the register of deeds for any county in which real or
20personal property of the person who owed the support is located.
AB651,51,6 21(3) Notification and appeal of automatic lien. (a) Notice and hearing. When
22a delinquent support obligation is included in the statewide support lien docket, the
23department shall provide notice to the obligor that a lien exists with respect to the
24delinquent support obligation. The notice shall inform the obligor that the lien is in
25effect and that the obligor may, within a 20-day period, by motion, request a court

1hearing on the issue of whether support is owed by the obligor. If the obligor makes
2a timely request for a hearing under this subsection, the court or family court
3commissioner shall schedule a hearing within 10 business days after the date of the
4request. If, at the hearing, the obligor establishes that the lien is not proper because
5of a mistake of fact, the court or family court commissioner shall order the
6department to remove the lien from the statewide support lien docket.
AB651,51,137 (b) Appeal. If a family court commissioner conducts the hearing under par. (a),
8the department or the obligor may, within 15 business days after the date of the
9decision by the family court commissioner, request review of the decision by the court
10having jurisdiction over the action. The court conducting the review may order that
11the lien be withdrawn from the statewide support lien dockets. If no appeal is sought
12or the court does not order the withdrawal of the lien, the department may take
13appropriate actions to enforce the lien.
AB651,51,21 14(4) Powers of levy and distraint; generally. If any obligor neglects or refuses
15to pay the support owed by the obligor after the department has made demand for
16payment, the department may collect that support and the levy fees and costs under
17sub. (11) by levy upon any property belonging to the obligor as provided in subs. (5)
18to (7). Whenever the value of any property that has been levied upon under this
19subsection is not sufficient to satisfy the claim of the department, the department
20may levy upon any additional property of the obligor until the support owed and levy
21costs are fully paid.
AB651,51,22 22(5) Levying against financial accounts. (a) Definitions. In this subsection:
AB651,51,2323 1. "Account" has the meaning given in s. 49.853 (1) (a).
AB651,51,2424 2. "Financial institution" has the meaning given in s. 49.853 (1) (c).
AB651,52,10
1(b) Notice to the financial institution. To enforce a lien under this section by
2levying against an account at a financial institution, the department shall send a
3notice of levy to the financial institution instructing the financial institution to
4prohibit the closing of or withdrawals from one or more accounts that the obligor
5owns in whole or in part, up to a total amount that is sufficient to pay the support
6owed, financial institution fees under par. (e) and estimated levy fees and costs under
7sub. (11), until further notice from the department or a court. If the financial
8institution has not received instructions from the department or a court to release
9the funds within 21 days of the date of the notice of levy, the financial institution shall
10remit the amount specified in the notice to the department.
AB651,52,1711 (d) Notice to the obligor. No later than the next day after the department sends
12notice of levy to the financial institution under par. (b), the department shall send
13a copy of the notice of levy to the obligor. The department shall also send a copy of
14the notice of levy to any other person in whose name the account is held. The notices
15required under this paragraph shall be in the form determined by the department,
16however the notice sent to the obligor shall include language stating all of the
17following:
AB651,52,1818 1. That the obligor has been certified as delinquent in paying support.
AB651,52,1919 2. The amount of the support owed.
AB651,52,2120 3. The financial institution to which the department sent the notice under par.
21(b).
AB651,52,2422 4. That one or more accounts owned in whole or in part by the obligor at the
23financial institution have been frozen, up to a total amount that is sufficient pay the
24support owed, the department's levy costs and financial institution fees.
AB651,53,3
15. That, unless the financial institution has received instructions from the
2department or a court to release the funds within 21 days of the date of the notice of
3levy, the financial institution will remit the funds to the department.
AB651,53,54 6. That, the obligor may request a hearing within 20 days after the date of the
5notice.
AB651,53,76 7. The address to which the request for hearing must be mailed or delivered in
7order to schedule a hearing.
AB651,53,148 (e) Financial institution fees. In addition to the levy fee authorized under sub.
9(11) (a), a financial institution may collect any early withdrawal penalty incurred
10under the terms of an account as a result of the levy. Financial institution fees
11authorized under this paragraph may be charged to the account immediately prior
12to the remittance of the amount to the department under par. (a) and may be charged
13even if the amounts in the obligor's accounts are insufficient to pay the total amount
14of support owed and the department's levy costs under sub. (11) (b).
AB651,53,2315 (f) Hearings. A hearing requested under par. (d) 6. shall be conducted before
16the circuit court rendering the order to pay support. Within 10 business days after
17receiving a request for hearing under par. (d) 6., the court shall set the matter for
18hearing. The family court commissioner may conduct the hearing. The sole issue at
19the hearing shall be whether the account holder owes the amount of support
20certified. If the court or family court commissioner determines that the account
21holder does not owe support or owes less than the amount claimed by the
22department, the department shall return the seized funds or the excess of the seized
23funds over the amount of the delinquency to the account holder.
AB651,54,6 24(6) Levying against other personal property. (a) When notice of seizure
25required.
If the department has enforced a lien under this section by levying against

1personal property, the department shall immediately notify the obligor that the
2property has been seized. The department shall provide the notice of seizure under
3this paragraph to any person known to have a lien on the property and, if the property
4is titled, to the state agency that titles the property. A state agency receiving a notice
5under this paragraph may not transfer title to the personal property described in the
6notice, except on the instructions of a court or the department.
AB651,54,87 (b) Content of notice of seizure. The notice provided under par. (a) shall include
8all of the following:
AB651,54,99 1. The name of the obligor and the amount of the support owed.
AB651,54,1010 2. A description of the personal property seized.
AB651,54,1311 3. A statement that the obligor may, within 20 business days after the date of
12the notice, request a hearing on the questions of whether past-due support is owed
13and whether the property was wrongfully seized.
AB651,54,1514 4. A statement that the hearing may be requested by filing a motion with the
15court issuing the order to pay the support.
AB651,55,516 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court
17commissioner shall schedule a hearing within 10 business days after receiving the
18request under par. (b) 4. If, at the hearing, the obligor establishes that the seizure
19of the personal property was not proper because of a mistake of fact, the court or
20family court commissioner shall direct that the department or its designee return the
21seized personal property within 15 business days. If a family court commissioner
22conducts the hearing under this paragraph, the department or the obligor may,
23within 15 business days after the date that the family court commissioner made his
24or her decision, request review of the decision by the court with jurisdiction over the
25action. The court reviewing the decision may order the department to return the

1seized property or may authorize the sale of the property by the department. If the
2department is ordered to return seized property under this paragraph, the court
3shall instruct any state agency responsible for titling the property that it may
4transfer title to the property without receiving instructions from a court or the
5department under par. (a).
AB651,55,96 (d) Notice of sale. As soon as practicable after seizing the personal property and
7after any requested hearings are conducted under par. (c), the department shall send
8a notice to the obligor indicating when and where the property will be sold. The
9department shall publish or post the time and date of sale.
AB651,55,1510 (e) Redemption. At any time after receiving the notice of sale under par. (d),
11but before the property is sold, the obligor may redeem the property by paying the
12total past-due support owed together with any levy fees and costs under sub. (11).
13If the obligor redeems the property, the department shall instruct the titling agency
14that the agency may transfer title to the property without receiving instructions from
15a court or the department under par. (a).
AB651,55,2116 (f) Sale. The date of sale must be no more than 60 days after the date of the
17notice of sale under par. (d). The department shall give the purchaser of property
18under this paragraph a certificate of sale upon payment in full of the purchase price.
19If the property seized and sold is titled property, the department shall direct the state
20agency that titled the property to transfer the title of the property to the purchaser
21of the property.
AB651,56,5 22(7) Levying against real property. (a) When notice of intent to levy required.
23To enforce a lien under this section by levying against real property, the department
24shall provide the obligor with a notice of intent to levy. A copy of the notice shall be
25provided to the register of deeds in the county where the real property is located and

1to any persons known to have a lien against the real property. A register of deeds
2receiving a notice of intent to levy under this paragraph shall file the notice of intent
3to levy. After receiving a notice of intent to levy under this paragraph, the register
4of deeds may not record a deed for the property, except on the instructions of a court
5or the department.
AB651,56,76 (b) Content of notice of intent. The notice provided under par. (a) shall include
7all of the following:
AB651,56,88 1. The name of the obligor and the amount of the support owed.
AB651,56,109 2. A description of the real property against which the department intends to
10levy.
AB651,56,1211 3. A statement that the obligor may, within 20 business days after the date of
12the notice, request a hearing on the question of whether past-due support is owed.
AB651,56,1413 4. A statement that the hearing may be requested by filing a motion with the
14court issuing the order to pay the support.
AB651,56,1715 5. In notices being provided to known lienholders, a request that the lienholder
16notify the department, within 10 days after receiving the notice under par. (a), of the
17amount of the lienholder's lien on the property.
AB651,57,318 (c) Hearing. If a hearing is requested under par. (b) 4., the court or family court
19commissioner shall schedule a hearing within 10 business days after receiving the
20request under par. (b) 4. If, at the hearing, the obligor establishes that enforcing a
21lien against the real property would not be proper because of a mistake of fact, the
22court or family court commissioner shall direct the department not to proceed with
23the levy. If a family court commissioner conducts the hearing under this paragraph,
24the department or the obligor may, within 15 business days after the date that the
25family court commissioner made his or her decision, request review of the decision

1by the court with jurisdiction over the action. The court reviewing the decision may
2direct the department not to proceed with the levy or may authorize the sale of the
3property by the department.
AB651,57,174 (d) Final notice. Unless the department has been directed not to proceed with
5the levy in a hearing under par. (c) or unless the obligor has paid the support owed
6and any levy fees and costs under sub. (11), the department may send to the obligor
7a final notice of intent to seize and sell the property. The final notice may not be sent
8until 20 days after the date of the notice of intent to levy under par. (a) or after any
9requested hearings under par. (c) have been completed. The final notice shall include
10a date by which the obligor must vacate the premises and a date on which the
11property will be sold, unless the obligor pays the support owed and any levy fees and
12costs under sub. (11). The date in the notice by which the obligor must vacate the
13premises must be at least 60 days after the date that the final notice is sent and the
14date of sale must be at least 90 days after the date that the final notice is sent. The
15department shall provide a copy of any final notice under this paragraph to the
16register of deeds in the county where the real property is located. A register of deeds
17receiving a final notice under this paragraph shall file the final notice.
AB651,58,218 (e) Sale. The department shall publicly advertise the time and place of the sale
19of real property seized under this subsection in the manner specified under s. 815.31
20(1) to (3). The obligor may redeem the property prior to the date of sale by paying the
21full amount of support owed together with any levy fees and costs under sub. (11).
22If the obligor has failed to redeem the property and has failed to vacate the property
23prior to the date specified in the final notice, the department may issue an
24administrative order directing a local law enforcement agency or official to escort the
25obligor and any other residents off the property. The department shall establish

1procedures for conducting sales of property under this paragraph and for issuing
2deeds to property sold under this paragraph.
AB651,58,8 3(8) Duties to surrender; generally. Any person in possession of or obligated
4with respect to property or rights to property that is subject to levy under this section
5and upon which a levy has been made shall, upon demand of the department,
6surrender the property or rights or discharge the obligation to the department,
7except that part of the property or rights that is, at the time of the demand, subject
8to any prior attachment or execution under any judicial process.
AB651,58,11 9(9) Notice. Any notice required to be provided under this section may be
10provided by sending the notice by regular mail to the last-known address of the
11person to whom notice is to be sent.
AB651,58,14 12(11) Levy fees and costs. (a) Third parties. Any 3rd party is entitled to a levy
13fee of $5 for each levy in any case where property is secured through the levy. The
143rd party shall deduct the fee from the proceeds of the levy.
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