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 circuit court commissioner.
767.29(1)(d)
(d) For receiving and disbursing maintenance, child support, or family support payments, including arrears in any of those payments, and for maintaining the records required under
par. (c), the department or its designee shall collect an annual fee of $35. The court or circuit 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 or in which an arrearage in any of those payments is owed. In directing the manner of payment of the annual fee, the court or circuit 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 circuit 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 any maintenance, child or family support, or arrearage 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, child or family support, or arrearage 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 a circuit 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 circuit 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 circuit 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).
767.29(3)(a)(a) If maintenance payments or support money, or both, is ordered to be paid for the benefit of any person, who is committed by court order to an institution or is in confinement, or whose legal custody is vested by court order under
ch. 48 or
938 in an agency, department or relative, the court or a circuit court commissioner may order such maintenance payments or support money to be paid to the relative or agency, institution, welfare department or other entity having the legal or actual custody of said person, and to be used for the latter's care and maintenance, without the appointment of a guardian under
ch. 880.
767.29(3)(b)
(b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a residential care center for children and youth, juvenile correctional institution, or state mental institution, the right of the child to support during the period of the child's confinement, including any right to unpaid support accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a residential care center for children and youth, juvenile correctional institution, or state mental institution includes support for one or more other children, the support that is assigned to the state shall be the proportionate share of the child placed in the center or institution, except as otherwise ordered by the court or circuit court commissioner on the motion of a party.
767.29 History
History: 1971 c. 41 s.
12; Sup. Ct. Order,
67 Wis. 2d 585, 775 (1975);
1975 c. 82,
200;
1975 c. 401 s.
4;
1977 c. 105 s.
59;
1977 c. 271,
418,
447;
1979 c. 32 ss.
50,
92 (4);
1979 c. 257 s.
17; Stats. 1979 s. 767.29;
1981 c. 20 s.
2202 (20) (m);
1983 a. 27,
302;
1985 a. 29,
176;
1991 a. 39;
1993 a. 481;
1995 a. 27 ss.
7104tm,
9126 (19),
9130 (4);
1995 a. 77,
279,
289,
404;
1997 a. 27,
35,
105,
191,
252;
1999 a. 9;
2001 a. 16,
59,
61,
105.
767.29 Annotation
A public welfare agency is entitled to collect unpaid alimony and support money that had accumulated prior to the effective date of an assignment under sub. (2) and prior to the assignor's receipt of public assistance. Schiavo v. Schiavo,
71 Wis. 2d 136,
237 N.W.2d 702 (1976).
767.29 Annotation
The defense of laches is not available in an action or proceeding brought to secure enforcement of a child-support order in a divorce action. Paterson v. Paterson,
73 Wis. 2d 150,
242 N.W.2d 907 (1976).
767.293
767.293
Affidavit for certain arrearages. 767.293(1)
(1) If an order for child support under this chapter or
s. 948.22 (7), an order for family support under this chapter or a stipulation approved by the court or circuit court commissioner for child support under this chapter requires a payer to pay child or family support in an amount that is expressed as a percentage of parental income, the payee, including the state or a county child support agency under
s. 59.53 (5) if the state is a real party in interest under
s. 767.075 (1), may establish an arrearage by filing an affidavit in the action in which the order for the payment of support was entered or the stipulation for support was approved. The affidavit shall state the amount of the arrearage and the facts supporting a reasonable basis on which the arrearage was determined and may state the payer's current income and the facts supporting a reasonable basis on which the payer's current income was determined. Not later than 60 days after filing the affidavit, the payee shall serve the affidavit on the payer in the manner provided in
s. 801.11 (1) (a) or
(b) or by sending the affidavit by registered or certified mail to the last-known address of the payer. After the payee files a proof of service on the payer, the court shall send a notice to the payer by regular, registered or certified mail to the payer's last-known address. The notice shall provide that, unless the payer requests a hearing to dispute the arrearage or the amount of the arrearage not later than 20 days after the date of the notice, the court or circuit court commissioner may enter an order against the payer in the amount stated in the affidavit and may provide notice of assignment under
s. 767.265. The notice shall include the mailing address to which the request for hearing must be mailed or delivered in order to schedule a hearing under
sub. (2).
767.293(2)
(2) If the payer makes a timely request for a hearing, the court or circuit court commissioner shall hold a hearing on the issue of the amount of the arrearage, if any. If the court or circuit court commissioner determines after hearing that an arrearage exists, the court or circuit court commissioner shall enter an order establishing an arrearage in the amount determined by the court or circuit court commissioner and may send notice of assignment under
s. 767.265.
767.293(3)
(3) If the court or circuit court commissioner sends the notice under
sub. (1) and the payer fails to make a timely request for a hearing, the court or circuit court commissioner, if the affidavit demonstrates to the satisfaction of the court or circuit court commissioner that an arrearage exists, shall enter an order establishing an arrearage in the amount determined by the court or circuit court commissioner and may send notice of assignment under
s. 767.265. The court or circuit court commissioner shall send the order to the payer's last-known address and shall inform the payer whether 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 order should be vacated or the assignment should be withdrawn.
767.293(4)
(4) An assignment under
sub. (2) or
(3) shall replace any assignment in effect for the order or stipulation on which the arrearage is based. An assignment under
sub. (2) or
(3) shall be for an amount sufficient to ensure payment under the order or stipulation on which the arrearage is based and to pay the arrearage determined under
sub. (2) or
(3), together with any arrearages due before the proceeding under this section, at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation on which the arrearage determined under
sub. (2) or
(3) is based, except that the total amount withheld under the assignment may not leave the payer at an income below the poverty line established under
42 USC 9902 (2).
767.293(6)
(6) Section 814.025 applies to the filing of an affidavit under this section.
767.295
767.295
Work experience and job training orders and child support orders in certain cases. 767.295(1)
(1) In this section, "custodial parent" means a parent who lives with his or her child for substantial periods of time.
767.295(2)(a)(a) In an action for modification of a child support order under
s. 767.32, an action in which an order for child support is required under
s. 767.25 (1),
767.51 (3) or
767.62 (4) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under
s. 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under
s. 49.36 if all of the following conditions are met:
767.295(2)(a)1m.
1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under
s. 49.36 and that county agrees to enroll the parent in the program.
767.295(2)(a)2.
2. The parent works, on average, less than 32 hours per week, and is not participating in an employment or training program which meets guidelines established by the department.
767.295(2)(a)3.
3. The parent's actual weekly gross income averages less than 40 times the federal minimum hourly wage under
29 USC 206 (a) (1) or the parent is earning less than the parent has the ability to earn, as determined by the court.
767.295(2)(b)
(b) Under this subsection, the parent is presumed to be able to work full time. The parent has the burden of proving that he or she is not able to work full time.
767.295(2)(c)
(c) If the court enters an order under
par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under
s. 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under
29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under
s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under
s. 767.25 (1j) or
(1m) after the obligation to make payments ordered under this paragraph ceases.
767.30
767.30
Enforcement of payments ordered. 767.30(1)
(1) If the court orders any payment for support under
s. 48.355 (2) (b) 4.,
48.357 (5m) (a),
48.363 (2),
938.183 (4),
938.355 (2) (b) 4.,
938.357 (5m) (a) or
938.363 (2), support or maintenance under
s. 767.08, child support, family support or maintenance under
s. 767.23, child support under
s. 767.25, maintenance under
s. 767.26, family support under
s. 767.261, attorney fees under
s. 767.262, child support or a child's health care expenses under
s. 767.477, paternity obligations under
s. 767.458 (3),
767.51 or
767.62 (4), support arrearages under
s. 767.293 or child or spousal support under
s. 948.22 (7), the court may provide that any payment be paid in the amounts and at the times that it considers expedient.
767.30(2)
(2) The court may impose liability for any payment listed under
sub. (1) as a charge upon any specific real estate of the party liable or may require that party to give sufficient security for payment. However, no such charge upon real estate may become effectual until the order or judgment imposing liability or a certified copy of it is recorded in the office of the register of deeds in the county in which the real estate is situated.
767.30(3)
(3) If the party fails to pay a payment ordered under
sub. (1) or to give security under
sub. (2), the court may by any appropriate remedy enforce the judgment, or the order as if it were a final judgment, including any past due payment and interest. Appropriate remedies include but are not limited to:
767.30(3)(f)
(f) For failure to pay child support or family support, satisfaction under
s. 780.10 out of the proceeds of the sale of any ship, boat or vessel attached and sold under
ch. 780.
767.30(4)
(4) Upon the request of a county, the department of natural resources shall provide the county with a list of the names and addresses of all of the owners of boats that have a valid certificate of number or registration that has been issued by the department under
s. 30.52. The department shall prepare the list annually before May 31 of each year.
767.30 Annotation
A court is justified in requiring the creation of a trust to secure the payment of support money when the husband has a record of failing to obey prior court orders. Foregger v. Foregger,
48 Wis. 2d 512,
180 N.W.2d 578 (1970).
767.30 Annotation
When parents each own a 1/2 interest in future proceeds of real estate and the state contributes to child support, the court may not order the custodial parent to pay child support in the form of an accumulating real estate lien in favor of the state. State ex rel. v. Reible,
91 Wis. 2d 394,
283 N.W.2d 427 (Ct. App. 1979).
767.30 Annotation
The trial court had the power to order a father to look for additional or alternative employment or be held in contempt. Proper contempt procedures are discussed. Dennis v. Dennis,
117 Wis. 2d 249,
344 N.W.2d 128 (1984).
767.30 Annotation
There is no authority under this section to grant credits against arrearages. To grant a credit requires modification of the judgment under s. 767.32. Under s. 767.32 (1r) a court is without discretion to grant credits against arrearages for direct payments made for child support regardless of when the order was entered. Douglas County Child Support v. Fisher,
200 Wis. 2d 807,
547 N.W.2d 801 (Ct. App. 1996).
767.303
767.303
Enforcement of child support; suspension of operating privilege. 767.303(1)(1) If a person fails to pay a payment ordered for support under
s. 767.077, support under
s. 767.08, child support or family support under
s. 767.23, child support under
s. 767.25, family support under
s. 767.261, revised child or family support under
s. 767.32, child support under
s. 767.458 (3), child support under
s. 767.477, child support under
s. 767.51, child support under
s. 767.62 (4), child support under
ch. 769 or child support under
s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in
s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years. If otherwise eligible, the person is eligible for an occupational license under
s. 343.10 at any time.
767.303(2)
(2) Whenever the court orders suspension of a person's operating privilege under
sub. (1), the court shall notify the department of transportation, in the form and manner prescribed by the department. The notice to the department shall include the name and last-known address of the person against whom the support order was entered, certification by the court that the person has been notified of the entry of the support order and that there are arrearages in support payments that are 90 or more days past due, the place where the arrearages may be paid and that the person's operating privilege shall remain suspended until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years.
767.303(3)
(3) If the person subsequently pays the full amount of the arrearages or makes payment arrangements that are satisfactory to the court, the court shall immediately notify the department of transportation of the payment, in the form and manner prescribed by the department.
767.303(4)
(4) This section applies to support arrearages existing on or after October 1, 1996, regardless of when the arrearages accrued or when the order or judgment requiring the payment of support was entered.
767.303(5)
(5) The remedy permitted under this section is in addition to any other remedies authorized by law.
767.305
767.305
Enforcement; contempt proceedings. In all cases where a party has incurred a financial obligation under
s. 48.355 (2) (b) 4.,
48.357 (5m) (a),
48.363 (2),
767.23,
767.25,
767.255,
767.26,
767.261,
767.262,
767.293,
767.458 (3),
767.477,
767.51,
767.62 (4),
938.183 (4),
938.355 (2) (b) 4.,
938.357 (5m) (a) or
938.363 (2) and has failed within a reasonable time or as ordered by the court to satisfy such obligation, and where the wage assignment proceeding under
s. 767.265 and the account transfer under
s. 767.267 are inapplicable, impractical or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at some reasonable time therein specified why he or she should not be punished for such misconduct as provided in
ch. 785.
767.305 Annotation
Contempt is an appropriate means to enforce child support arrearages after a child has reached majority. Griffin v. Reeve,
141 Wis. 2d 699,
416 N.W.2d 612 (1987).
767.305 Annotation
When a contemnor's liberty interests are at risk, he or she must be given an opportunity to show the court that the failure to comply with the purge conditions was not willful and intentional. V.J.H. v. C.A.B.
163 Wis. 2d 833,
472 N.W.2d 939 (Ct. App. 1991).
767.31
767.31
Trustee may be appointed. The court may appoint a trustee, when deemed expedient, to receive any payments ordered, to invest and pay over the income for the maintenance of the spouse entitled thereto or the support and education of any of the minor children, or to pay over the principal sum in such proportions and at such times as the court directs. The trustee shall give such bond, with such sureties as the court requires, for the faithful performance of his or her trust.
767.31 History
History: 1971 c. 220;
1979 c. 32 s.
50;
1979 c. 196; Stats. 1979 s. 767.31.
767.32
767.32
Revision of certain judgments. 767.32(1)(a)(a) After a judgment or order providing for child support under this chapter or
s. 48.355 (2) (b) 4.,
48.357 (5m) (a),
48.363 (2),
938.183 (4),
938.355 (2) (b) 4.,
938.357 (5m) (a),
938.363 (2), or
948.22 (7), maintenance payments under
s. 767.26, or family support payments under this chapter, or for the appointment of trustees under
s. 767.31, the court may, from time to time, on the petition, motion, or order to show cause of either of the parties, or upon the petition, motion, or order to show cause of the department, a county department under
s. 46.215,
46.22, or
46.23, or a county child support agency under
s. 59.53 (5) if an assignment has been made under
s. 46.261,
48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h), or
49.45 (19) or if either party or their minor children receive aid under
s. 48.57 (3m) or
(3n) or
ch. 49, and upon notice to the office of family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. Except as provided in
par. (d), a revision under this section of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.
767.32(1)(b)
(b) In any action under this section to revise a judgment or order with respect to an amount of child support, any of the following shall constitute a rebuttable presumption of a substantial change in circumstances sufficient to justify a revision of the judgment or order:
767.32(1)(b)1.
1. Commencement of receipt of aid to families with dependent children under
s. 49.19 or participation in Wisconsin works under
ss. 49.141 to
49.161 by either parent since the entry of the last child support order, including a revision of a child support order under this section.
767.32(1)(b)2.
2. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, the expiration of 33 months after the date of the entry of the last child support order, including a revision of a child support order under this section.
767.32(1)(b)4.
4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under
s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under
s. 46.10 (14) (d),
301.12 (14) (d) or
767.25 (1n), whichever is appropriate.
767.32(1)(c)
(c) In any action under this section to revise a judgment or order with respect to an amount of child support, any of the following may constitute a substantial change of circumstances sufficient to justify revision of the judgment or order:
767.32(1)(c)1.
1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under
s. 49.22 (2m) by the department or the county child support agency under
s. 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.
767.32(1)(c)4.
4. Any other factor that the court determines is relevant.
767.32(1)(d)
(d) In an action under this section to revise a judgment or order with respect to child or family support, the court is not required to make a finding of a substantial change in circumstances to change to a fixed sum the manner in which the amount of child or family support is expressed in the judgment or order.
767.32(1m)
(1m) In an action under
sub. (1) to revise a judgment or order with respect to child support, maintenance payments or family support payments, the court may not revise the amount of child support, maintenance payments or family support payments due, or an amount of arrearages in child support, maintenance payments or family support payments that has accrued, prior to the date that notice of the action is given to the respondent, except to correct previous errors in calculations.
767.32(1r)
(1r) In an action under
sub. (1) to revise a judgment or order with respect to child support or family support, the court may grant credit to the payer against support due prior to the date on which the petition, motion or order to show cause is served for payments made by the payer other than payments made as provided in
s. 767.265 or
767.29, in any of the following circumstances:
767.32(1r)(b)
(b) The payer shows by documentary evidence that the payments were made directly to the payee by check or money order, and shows by a preponderance of the evidence that the payments were intended for support and not intended as a gift to or on behalf of the child, or as some other voluntary expenditure, or for the payment of some other obligation to the payee.
767.32(1r)(c)
(c) The payer proves by clear and convincing evidence, with evidence of a written agreement, that the payee expressly agreed to accept the payments in lieu of child or family support paid as provided in
s. 767.265 or
767.29, not including gifts or contributions for entertainment.
767.32(1r)(d)
(d) The payer proves by documentary evidence that, for a period during which unpaid support accrued, the child received benefits under
42 USC 402 (d) based on the payer's entitlement to federal disability insurance benefits under
42 USC 401 to
433. Any credit granted under this paragraph shall be limited to the amount of unpaid support that accrued during the period for which the benefits under
42 USC 402 (d) were paid.
767.32(1r)(e)
(e) The payer proves by a preponderance of the evidence that the child lived with the payer, with the agreement of the payee, for more than 60 days beyond a court-ordered period of physical placement. Credit may not be granted under this paragraph if, with respect to the time that the child lived with the payer beyond the court-ordered period of physical placement, the payee sought to enforce the physical placement order through civil or criminal process or if the payee shows that the child's relocation to the payer's home was not mutually agreed to by both parents.
