49.775(2)(b)
(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77, or both.
49.775(2)(bm)
(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.
49.775(2)(c)
(c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under
s. 49.19 (1) to
(19) or would meet the eligibility criteria under
s. 49.19 but for the application of
s. 49.19 (20).
49.775(2)(e)
(e) The custodial parent meets any of the following conditions:
49.775(2)(e)1.
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.
49.775(3)
(3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one payment under
sub. (2) per month for the support of that dependent child.
49.775(4)(a)(a) The payment under
sub. (2) is $250 per month for one dependent child and $150 per month for each additional dependent child.
49.775 History
History: 1997 a. 27,
237;
1999 a. 9.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health and family services, the department of workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the
U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468 or
49.47, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health and family services and the department of workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and family services and the department of workforce development shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing public assistance under this chapter.
49.82(2)
(2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under
s. 49.46 or
49.47 because of
42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.
49.83
49.83
Limitation on giving information. Except as provided under
s. 49.32 (9),
(10) and
(10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under
ss. 49.141 to
49.161, social services, child and spousal support and establishment of paternity services under
s. 49.22 or supplemental payments under
s. 49.77 for any purpose not connected with the administration of the programs. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
49.83 History
History: 1995 a. 27 ss.
3142,
3144; Stats. 1995 s. 49.83;
1995 a. 289,
361,
404;
1997 a. 35.
49.84
49.84
Verification of public assistance applications. 49.84(1)(1) Any person who applies for any public assistance shall execute the application or self-declaration in the presence of the welfare worker or other person processing the application. This subsection does not apply to any superintendent of a mental health institute, director of a center for the developmentally disabled, superintendent of a state treatment facility or superintendent of a state correctional facility who applies for public assistance on behalf of a patient.
49.84(2)
(2) At the time of application, the agency administering the public assistance program shall apply to the department of health and family services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and family services shall provide without charge any copy for which application is made under this subsection.
49.84(3)
(3) Notwithstanding
subs. (1) and
(2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.
49.84(4)
(4) Notwithstanding
sub. (2), the relief agency receiving an application under
sub. (3) shall pay on behalf of any applicant under
sub. (3) fees required for the applicant to obtain proper identification.
49.84(5)
(5) A person applying for Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in
42 USC 1320b-7 (d).
49.85
49.85
Certification of certain public assistance overpayments. 49.85(1)(1)
County department notification requirement. If a county department under
s. 46.215,
46.22 or
46.23, a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under
s. 49.497 or that the department of workforce development may recover an amount under
s. 49.125,
49.161 or
49.195 (3), the county department or governing body shall notify the affected department of the determination.
49.85(2)(a)(a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under
s. 49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(2)(b)
(b) At least annually, the department of workforce development shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of workforce development, the department of workforce development has determined that it may recover under
ss. 49.125,
49.161 and
49.195 (3), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
49.85(3)(a)(a) At least 30 days before certification of an amount, the department of health and family services shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(a)1.
1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under
s. 49.497, for setoff from any state tax refund that may be due the person.
49.85(3)(a)2.
2. Inform the person that he or she may appeal the determination of the department of health and family services to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(a)3.
3. Inform the person that, if the determination of the department of health and family services is appealed, that department will not certify the amount to the department of revenue while the determination of the department of health and family services is under appeal.
49.85(3)(a)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of health and family services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(a)5.
5. Request that the person inform the department of health and family services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(a)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(3)(b)
(b) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(b)1.
1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under
s. 49.125,
49.161 or
49.195 (3), for setoff from any state tax refund that may be due the person.
49.85(3)(b)2.
2. Inform the person that he or she may appeal the determination of the department of workforce development to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(b)3.
3. Inform the person that, if the determination of the department of workforce development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of workforce development is under appeal.
49.85(3)(b)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of workforce development, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(b)5.
5. Request that the person inform the department of workforce development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(b)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(4)(a)(a) If a person has requested a hearing under this subsection, the department of health and family services shall hold a contested case hearing under
s. 227.44, except that the department of health and family services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(4)(b)
(b) If a person has requested a hearing under this subsection, the department of workforce development shall hold a contested case hearing under
s. 227.44, except that the department of workforce development may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
49.85(5)
(5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under
s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development from attempting to recover the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
49.852
49.852
Delinquent support payments; pension plans. 49.852(1)(1) The department of workforce development may direct the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under
sub. (2) and unless the amount specified has either not been appealed or is no longer under appeal under
s. 49.854.
49.852(2)
(2) The department of workforce development shall send a notice to the last-known address of the person from whom the department intends to recover the amount specified in the statewide support lien docket under
s. 49.854 (2) (b). The notice shall do all of the following:
49.852(2)(a)
(a) Inform the person that the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid the person.
49.852(2)(b)
(b) Inform the person that he or she may, within 20 business days after the date of the notice, request a court hearing on the issue of whether the person owes the amount specified in the statewide support lien docket under
s. 49.854 (2) (b). The request shall be in writing and the person shall mail or deliver a copy of the request to the county child support agency under
s. 59.53 (5).
49.852(2)(c)
(c) Request that the person inform the department of workforce 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.
49.852(3)
(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. The court shall schedule a hearing within 10 business days after receiving a request for a hearing. The family court commissioner may conduct the hearing. If the court determines that the person owes the amount specified in the statewide support lien docket under
s. 49.854 (2) (b), the department of workforce development may direct the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b), the department of workforce development may not direct the department of employee 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.
49.852(4)(a)(a) If the department of workforce development directs the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b), this directive shall constitute a lien, equal to the amount specified in the statewide support lien docket, on any lump sum payment from a pension plan that may be paid the person.
49.852(4)(b)
(b) If the department of workforce development directs the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b), the department of employee 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 from any lump sum payment that may be paid the person the amount specified in the statewide support lien docket, less any amount specified under
par. (d). If the amount specified in the statewide support lien docket under
s. 49.854 (2) (b), less any amount specified under
par. (d), exceeds the lump sum payment, the department of employee 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 workforce development.
49.852(4)(c)
(c) A directive to the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b) under this section does not prohibit the department of workforce development from attempting to recover the amount through other legal means.
49.852(4)(d)
(d) The department of workforce development shall promptly notify the department of employee 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 specified in the statewide support lien docket under
s. 49.854 (2) (b).
49.852 History
History: 1997 a. 191.
49.853
49.853
Financial record matching program. 49.853(1)(a)
(a) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.
49.853(1)(b)
(b) "Department" means the department of workforce development.
49.853(1)(c)
(c) "Financial institution" means any of the following:
49.853(1)(c)5.
5. A benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in this state.
49.853(1)(dm)
(dm) "Ownership interest" has the meaning specified by the department by rule.
49.853(2)
(2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section. 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. The agreement shall require the financial institution to participate in the financial record matching program under this section by electing either the financial institution matching option under
sub. (3) or the state matching option under
sub. (4). The rules promulgated under this section shall provide for reimbursement of financial institutions in an amount not to exceed their actual costs of participation in the financial record matching program under this section.
49.853(3)
(3) Financial institution matching option. 49.853(3)(a)(a) If a financial institution with which the department has an agreement under
sub. (2) elects to use the financial institution matching option under this subsection, the department shall provide a financial institution with information regarding delinquent obligors. The information shall be provided at least once each calendar quarter and shall include the obligor's name and social security 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 paragraph shall be provided to the financial institution by an automated data exchange.
49.853(3)(b)
(b) Each financial institution receiving information under
par. (a) shall take actions necessary to determine whether any obligor has an ownership interest in an account maintained at the financial institution. If the financial institution determines that an obligor has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the obligor's name, address of record, social security number or other taxpayer identification number, and account information. The information regarding the obligor's account shall include the account number, the account type, the nature of the obligor's ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.
