767.262 Annotation
An allowance of $2,300 as a contribution to the wife's attorney's fees incurred in the litigation was not excessive where it was obvious that the trial court reasonably believed that a considerable portion of the attorney fee liability was attributable to the husband who, represented by 4 successive attorneys or firms, caused a needlessly protracted trial, made numerous defense motions, and prosecuted a meritless appeal, an element which, together with others, constituted a firm basis for fixing such contribution. Martin v. Martin,
46 Wis. 2d 218,
174 N.W.2d 468.
767.262 Annotation
An allowance of $1,000 attorneys fees on appeal, after the award of a generous property settlement, constituted a penalty for appealing. Molloy v. Molloy,
46 Wis. 2d 682,
176 N.W.2d 292.
767.262 Annotation
Attorney fees on appeal depend on need, ability to pay and whether there is reasonable ground for the appeal. Klipstein v. Klipstein,
47 Wis. 2d 314,
177 N.W.2d 57.
767.262 Annotation
A circuit court does not have subject matter jurisdiction in a divorce action to determine attorney fees between an attorney and client that the attorney continues to represent in the divorce action. Stasey v. Stasey,
168 Wis. 2d 37,
483 N.W.2d 221 (1992).
767.262 Annotation
Nonmarital assets may be considered in determining whether to order one party to contribute to the other's fees. Doerr v. Doerr,
189 Wis. 2d 112,
525 N.W.2d 745 (Ct. App. 1994).
767.263
767.263
Notice of change of employer, change of address and change in ability to pay; other information. 767.263(1)(1) Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the county child support agency under
s. 59.53 (5) of any change of address within 10 business days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the county child support agency under
s. 59.53 (5), within 10 business days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.
767.263(2)
(2) When an order is entered under
sub. (1), each party shall provide to the county child support agency under
s. 59.53 (5) his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the county child support agency under
s. 59.53 (5) of any change in the information provided under this subsection within 10 business days after the change.
767.263 History
History: 1977 c. 105;
1979 c. 32 s.
50; Stats. 1979 s. 767.263;
1989 a. 212;
1995 a. 279;
1997 a. 27,
191.
767.265
767.265
Income withholding. 767.265(1)(1) Each order for child support under this chapter, for maintenance payments under
s. 767.23 or
767.26, for family support under this chapter, for costs ordered under
s. 767.51 (3) or
767.62 (4), for support by a spouse under
s. 767.02 (1) (f), for maintenance payments under
s. 767.02 (1) (g) or for the annual receiving and disbursing fee under
s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under
s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under
s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 or
108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under
42 USC 9902 (2).
767.265(1m)
(1m) If a party's current obligation to pay maintenance, child support, spousal support, family support or the annual receiving and disbursing fee terminates but the party has an arrearage in the payment of one or more of those payments, the assignment shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.
767.265(2h)
(2h) If a court-ordered assignment, including the assignment specified under
sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support, family support or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, family court commissioner or county child support agency under
s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under
sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.
767.265(2m)(a)1.1. An obligation to pay unpaid fees under
s. 767.29 (1) (dm) 1m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 or
108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee.
767.265(2m)(a)2.
2. An obligation to pay unpaid fees under
s. 767.29 (1) (dm) 2m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under
ch. 102 or
108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court to whom the fees are owed, or to his or her successor.
767.265(2m)(b)
(b) The county child support agency under
s. 59.53 (5) may cause an assignment under
par. (a) to go into effect by providing notice of the assignment in the manner provided under
sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a family court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.
767.265(2r)
(2r) Upon entry of each order for child support, maintenance, family support, support by a spouse or the annual receiving and disbursing fee, and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless
s. 767.267 applies, the court, family court commissioner or county child support agency under
s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in
s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under
15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family court commissioner or county child support agency under
s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.
767.265(3h)
(3h) A person who receives notice of assignment under this section or
s. 767.23 (1) (L) or
767.25 (4m) (c) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the department or its designee, whichever is appropriate, or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. With each payment sent to the department or its designee, the person from whom the payer receives money shall report to the department or its designee the payer's gross income or other gross amount from which the payment was withheld. Except as provided in
sub. (3m), for each payment sent to the department or its designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.
Section 241.09 does not apply to assignments under this section.
767.265(3m)
(3m) Benefits under
ch. 108 may be assigned and withheld only in the manner provided in
s. 108.13 (4). Any order to withhold benefits under
ch. 108 may be for a percentage of benefits payable or for a fixed sum, or for a combination of both in the alternative by requiring the withholding of the greater or lesser of either a percentage of benefits payable or a fixed sum. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.
767.265(4)
(4) A withholding assignment or order under this section or
s. 767.23 (1) (L) or
767.25 (4m) (c) has priority over any other assignment, garnishment or similar legal process under state law.
767.265(6)(a)(a) Except as provided in
sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the department or its designee or the appropriate health care insurer, provider or plan as provided in this section or
s. 767.23 (1) (L) or
767.25 (4m) (c), the person may be proceeded against under the principal action under
ch. 785 for contempt of court or may be proceeded against under
ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
767.265(6)(b)
(b) If an employer who receives an assignment under this section or
s. 767.23 (1) (L) or
767.25 (4m) (c) fails to notify the department or its designee, whichever is appropriate, within 10 days after an employee is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under
ch. 785 for contempt of court.
767.265(6)(c)
(c) No employer may use an assignment under this section or
s. 767.23 (1) (L) or
767.25 (4m) (c) as a basis for the denial of employment to a person, the discharge of an employee or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with
s. 973.20. An aggrieved person may apply to the district attorney or to the department for enforcement of this paragraph.
767.265(6)(d)
(d) Compliance by the person from whom the payer receives money with the order operates as a discharge of the person's liability to the payer as to that portion of the payer's commission, earnings, salaries, wages, benefits or other money so affected.
767.265(6m)
(6m) A county child support agency under
s. 59.53 (5) may convert a support amount in an order for income withholding under this section that is expressed as a percentage of income to the equivalent sum certain amount for purposes of enforcing a child support order in another state under
subch. V or
VI of ch. 769. Nothing in this subsection authorizes a change, or may be construed to change, the support obligation specified in the underlying child support order.
767.265(7)
(7) A person who receives more than one notice of assignment under
sub. (3h) may send all money withheld to the department or its designee, whichever is appropriate, in a combined payment, accompanied by any information the department or its designee requires.
767.265(7m)(b)
(b) If after an assignment is in effect the payer's employer changes its payroll period, or the payer changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk of court may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:
767.265(7m)(b)1.
1. The withholding frequency corresponds to the new payroll period.
767.265(7m)(b)2.
2. The amounts to be withheld reflect the adjustment to the withholding frequency.
767.265(7m)(c)
(c) The clerk of court shall provide notice of the amended withholding assignment or order by regular mail to the payer's employer and to the payer.
767.265(8)
(8) In this section, "employer" includes the state and its political subdivisions.
767.265 History
History: 1971 c. 110;
1975 c. 94 s.
91 (3);
1975 c. 199;
1977 c. 105;
1979 c. 32 ss.
50,
92 (4);
1979 c. 196,
221; Stats. 1979 s. 767.265;
1981 c. 20,
186;
1983 a. 27,
384;
1985 a. 29;
1987 a. 38 s.
136;
1987 a. 332 s.
64;
1987 a. 398,
403;
1989 a. 31,
56,
212,
336;
1991 a. 287;
1993 a. 16,
326,
389,
481;
1995 a. 27 s.
9130 (4);
1995 a. 279,
404;
1997 a. 27,
191;
1999 a. 9.
767.265 Annotation
The maximum amount subject to assignment to collect an arrearage is 50% of the support currently due. A 25% wage assignment for current support limits an assignment for arrearages to an additional 12.5% of wages. Schnetzer v. Schnetzer,
174 Wis. 2d 458,
497 N.W.2d 772 (Ct. App. 1993).
767.265 Annotation
The assignment under sub. (1) does not require earnings to be withheld and therefore is not a garnishment subject to federal restrictions. Carpenter v. Mumaw,
230 Wis. 2d 384,
602 N.W.2d 536 (Ct. App. 1999).
767.265 Annotation
Mandatory wage assignment provisions of this section are constitutional. 68 Atty. Gen. 106.
767.266
767.266
Effect on transfers at death. 767.266(1)
(1)
Revocation of death provisions in marital property agreement. Unless the judgment provides otherwise, a judgment of annulment, divorce or legal separation revokes a provision in a marital property agreement under
s. 766.58 that provides for any of the following:
767.266(1)(a)
(a) That, upon the death of either spouse, any of either or both spouses' property, including after-acquired property, passes without probate to a designated person, trust or other entity by nontestamentary disposition.
767.266(1)(b)
(b) That one or both spouses will make a particular disposition in a will or other governing instrument, as defined in
s. 854.01.
767.266(2)
(2) Revocation of revocable transfers at death. Unless
sub. (1) applies, revocation of revocable transfers at death by a former spouse to the other former spouse, or to relatives of the other former spouse, under an instrument executed before the judgment of annulment, divorce or legal separation is governed by
s. 854.15.
767.266 History
History: 1991 a. 301;
1997 a. 188.
767.266 Note
NOTE: 1991 Wis. Act 301, which affected this section, contains extensive legislative council notes.
767.267(1)(1) If the court or the family court commissioner determines that income withholding under
s. 767.265 is inapplicable, ineffective or insufficient to ensure payment under an order or stipulation specified in
s. 767.265 (1), or that income withholding under
s. 767.25 (4m) (c) is inapplicable, ineffective or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under
s. 767.25 (4m) [or
767.51 (3m) ], the court or family court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employee or agent of the financial institution to disclose information to the court, family court commissioner, county child support agency under
s. 59.53 (5), department or department's designee regarding the account for which the payer has executed the authorization for transfer.
Effective date note
NOTE: Section 767.51 (3m) was repealed by
1999 Wis. Act 9, eff. 5-1-00. Corrective legislation is pending.
767.267(2)
(2) A financial institution that receives an authorization for transfer under
sub. (1) shall transfer the amounts as specified in the authorization or shall transfer the amount available for transfer if at a time of transfer that amount is less than the amount specified in the authorization. The financial institution may accomplish the transfer by any lawful means, including payment by check, subject to the terms of the account. The financial institution may deduct from the payer's account for each transfer its usual fee for such fund transfers. If the account is closed or if no funds are available at a time of transfer, the financial institution shall notify the county child support agency under
s. 59.53 (5) or the department or its designee, whichever is appropriate, within 10 days after the date on which the funds should have been transferred.
767.267(3)
(3) An authorization for transfer under
sub. (1) has priority over any other authorization for transfer and over an assignment, garnishment or similar legal process under state law or the laws of another state.
767.267(4)
(4) An authorization for transfer under
sub. (1) may not be revoked except by court order.
767.267(5)
(5) A financial institution or an officer, employee or agent of a financial institution may disclose information to the court, family court commissioner, county child support agency under
s. 59.53 (5), department or department's designee concerning an account for which a payer has executed an authorization for transfer under
sub. (1).
767.267(6)
(6) No financial institution or officer, employee or agent of a financial institution is liable to an account owner for any sum transferred, or for any information disclosed, in compliance with this section.
767.27
767.27
Disclosure of assets required. 767.27(1)
(1) In any action affecting the family, except an action to affirm marriage under
s. 767.02 (1) (a), the court shall require each party to furnish, on such standard forms as the court may require, full disclosure of all assets owned in full or in part by either party separately or by the parties jointly. Such disclosure may be made by each party individually or by the parties jointly. Assets required to be disclosed shall include, but shall not be limited to, real estate, savings accounts, stocks and bonds, mortgages and notes, life insurance, interest in a partnership, limited liability company or corporation, tangible personal property, income from employment, future interests whether vested or nonvested, and any other financial interest or source. The court shall also require each party to furnish, on the same standard form, information pertaining to all debts and liabilities of the parties. The form used shall contain a statement in conspicuous print that complete disclosure of assets and debts is required by law and deliberate failure to provide complete disclosure constitutes perjury. The court may on its own initiative and shall at the request of either party require the parties to furnish copies of all state and federal income tax returns filed by them for the past 2 years, and may require copies of such returns for prior years.
767.27(1m)
(1m) In any action affecting the family which involves a minor child, the court shall require, in addition to the disclosure under
sub. (1), that each party furnish the court with information regarding the types and costs of any health insurance policies or plans which are offered through each party's employer or other organization. This disclosure shall include a copy of any health care policy or plan which names the child as a beneficiary at the time that the disclosure is filed under
sub. (2).
767.27(2)
(2) Except as provided in
sub. (2m), disclosure forms required under this section shall be filed within 90 days after the service of summons or the filing of a joint petition or at such other time as ordered by the court or family court commissioner. Information contained on such forms shall be updated on the record to the date of hearing.
767.27(2m)
(2m) In every action in which the court has ordered a party to pay child support under
s. 767.25,
767.51 or
767.62 (4) or family support under
s. 767.261 and the circumstances specified in
s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the county child support agency under
s. 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under
s. 767.25,
767.51 or
767.62 (4) or family support under
s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under
ch. 785.
767.27(3)(a)(a) Except as provided in
par. (b), information disclosed under this section shall be confidential and may not be made available to any person for any purpose other than the adjudication, appeal, modification or enforcement of judgment of an action affecting the family of the disclosing parties.
767.27(3)(b)
(b) The clerk of circuit court shall provide information from court records to the department under
s. 59.40 (2) (p).
767.27(4)
(4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under
s. 49.22 (2m) by the department or the county child support agency under
s. 59.53 (5).
767.27(5)
(5) If any party deliberately or negligently fails to disclose information required by
sub. (1) and in consequence thereof any asset or assets with a fair market value of $500 or more is omitted from the final distribution of property, the party aggrieved by such nondisclosure may at any time petition the court granting the annulment, divorce or legal separation to declare the creation of a constructive trust as to all undisclosed assets, for the benefit of the parties and their minor or dependent children, if any, with the party in whose name the assets are held declared the constructive trustee, said trust to include such terms and conditions as the court may determine. The court shall grant the petition upon a finding of a failure to disclose such assets as required under
sub. (1).
767.275
767.275
Disposition of assets prior to action. In any action affecting the family, except an action to affirm marriage under
s. 767.02 (1) (a), any asset with a fair market value of $500 or more which would be considered part of the estate of either or both of the parties if owned by either or both of them at the time of the action, but which was transferred for inadequate consideration, wasted, given away or otherwise unaccounted for by one of the parties within one year prior to the filing of the petition or the length of the marriage, whichever is shorter, shall be rebuttably presumed to be part of the estate for the purposes of
s. 767.255 and shall be subject to the disclosure requirement of
s. 767.27. Transfers which resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed where such assets are otherwise identified in the statement of net worth.
767.275 History
History: 1977 c. 105;
1979 c. 32 ss.
50,
92 (4);
1979 c. 352 s.
39; Stats. 1979 s. 767.275.
767.28
767.28
Maintenance, legal custody and support when divorce or separation denied. In a judgment in an action for divorce or legal separation, although such divorce or legal separation is denied, the court may make such order for the legal custody of and periods of physical placement with any of the minor children and for the maintenance of either spouse and support of such children by either spouse out of property or income, as the nature of the case may render just and reasonable. If the court orders child support under this section, the court shall determine the child support payments in a manner consistent with
s. 767.25, regardless of the fact that the court has not entered a judgment of divorce or legal separation.
767.28 History
History: 1971 c. 220;
1979 c. 32 s.
50; Stats. 1979 s. 767.28;
1987 a. 355;
1993 a. 481.
767.29
767.29
Maintenance, child support and family support payments, receipt and disbursement; family court commissioner, fees and compensation. 767.29(1)(a)(a) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the department or its designee for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of court.
767.29(1)(b)
(b) Upon request, after the filing of an order or judgment or the receipt of an interim disbursement order, the clerk of court shall advise the county child support agency under
s. 59.53 (5) of the terms of the order or judgment within 2 business days after the filing or receipt. The county child support agency shall, within the time required by federal law, enter the terms of the order or judgment into the statewide support data system, as required by
s. 59.53 (5) (b).
767.29(1)(c)
(c) Except as provided in
sub. (1m), the department or its designee shall disburse the money received under the judgment or order in the manner required by federal regulations and take receipts therefor, unless the department or its designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the department or its designee, whichever is appropriate, which shall be open to inspection by the parties to the action, their attorneys and the family court commissioner.
767.29(1)(d)
(d) For receiving and disbursing maintenance, child support or family support payments, and for maintaining the records required under
par. (c), the department or its designee shall collect an annual fee of $25. The court or family court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph in each year for which payments are ordered. In directing the manner of payment of the annual fee, the court or family court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under
s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under
s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the department or its designee may not deduct the annual fee from the maintenance or child or family support payment, but may move the court for a remedial sanction under
ch. 785.
767.29(1)(dm)1m.1m. The department or its designee may collect any unpaid fees under s.
814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under
s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under
s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under
ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding
s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance or child or family support payment.
767.29(1)(dm)2m.
2m. A clerk of court may collect any unpaid fees under s.
814.61 (12) (b), 1997 stats., that are owed to the clerk of court, or to his or her predecessor, and that were not shown on the department's automated payment and collection system on December 31, 1998, through income withholding under
s. 767.265 (2m). If the clerk of court determines that income withholding is inapplicable, ineffective or insufficient for the collection of any unpaid fees under this subdivision, the clerk of court may move the court for a remedial sanction under
ch. 785.
767.29(1)(e)
(e) If the maintenance, child support or family support payments adjudged or ordered to be paid are not paid to the department or its designee at the time provided in the judgment or order, the county child support agency under
s. 59.53 (5) or the family court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under
ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the department.
767.29(1)(f)
(f) If the department determines that the statewide automated support and maintenance receipt and disbursement system will be operational before October 1, 1999, the department shall publish a notice in the Wisconsin Administrative Register that states the date on which the system will begin operating. Before that date or October 1, 1999, whichever is earlier, the circuit courts, county child support agencies under
s. 59.53 (5), clerks of court and employers shall cooperate with the department in any measures taken to ensure an efficient and orderly transition from the countywide system of support receipt and disbursement to the statewide system.
767.29(1m)
(1m) Notwithstanding
ss. 767.25 (6) and
767.261, if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the department or its designee determines is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:
767.29(1m)(a)
(a) The payee or the payer requests that the overpayment be held until the month when it is due.
767.29(1m)(b)
(b) The court or the family court commissioner has ordered that overpayments of child support, family support or maintenance that do not exceed the amount of support or maintenance due in the next month may be held for disbursement in the next month.
767.29(1m)(c)
(c) The party entitled to the support or maintenance money has applied for or is receiving aid to families with dependent children and there is an assignment to the state under
s. 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.
767.29(1m)(cm)
(cm) A kinship care relative or a long-term kinship care relative of the child who is entitled to the support money has applied for or is receiving kinship care payments or long-term kinship care payments for that child and there is an assignment to the state under
s. 48.57 (3m) (b) 2. or
(3n) (b) 2. of the child's right to the support money.
767.29(1m)(d)
(d) The department or its designee determines that the overpayment should be held until the month when it is due.
767.29(2)
(2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under
ch. 49, the party may assign the party's right thereto to the county department under
s. 46.215,
46.22 or
46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within
s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving public assistance under
ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under
s. 48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h) 1. or
49.45 (19) to the assignee under
s. 48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h) 1. or
49.45 (19).
