49.854(13)(b)
(b)
Settlement. If the obligor enters in to an alternative payment arrangement in accordance with guidelines established under
s. 49.858 (2) (a), the department shall suspend all actions to enforce a lien under this section as long as the obligor remains in compliance with the alternative payment arrangement.
49.854(14)
(14) Wrongful levy. If the department determines that property has been wrongfully levied upon, the department shall return the property or, if the property has been sold, shall return an amount of money equal to the amount of money, or value of the property, levied upon. This subsection does not prevent a person whose property has been wrongfully levied upon from seeking relief, under other provisions of the statutes, against the state for damages that have not been compensated for under this subsection.
49.854(15)(a)(a)
Commencement of actions. If the department has levied upon property, any person, other than the obligor who is liable to pay the support out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the state in the circuit court for Dane County. If the county child support agency has levied upon property pursuant to delegated authority under
sub. (17), any person, other than the obligor who is liable to pay the support out of which the levy arose, who claims an interest in or lien on that property and claims that that property was wrongfully levied upon may bring a civil action against the county child support agency in the circuit court for the county where the court order for the payment of support, upon which the seizure is based, was first entered or last modified. That action may be brought whether or not that property has been surrendered to the department or the county child support agency. The court may grant only the relief under
par. (b). No other action to question the validity of or restrain or enjoin a levy by the department or a county child support agency may be maintained.
49.854(15)(b)
(b)
Remedies. In an action under
par. (a), prior to the sale of the property, if the court determines that property has been improperly levied upon, the court may enjoin the enforcement of the levy and order the return of the property, or may grant a judgment for the amount of money obtained by levy. The court may also order relief necessary to protect the interests of owners of the property, other than the obligor, including, when appropriate, partition of the property. After the sale of the property, if the court determines that the property has been wrongfully levied upon, it may grant a judgment for the amount of money obtained by levy.
49.854(15)(c)
(c)
Validity of determination. For purposes of an adjudication under this subsection, there is a rebuttable presumption that the support obligation upon which the lien is based is valid.
49.854(17)
(17) Delegation and power to contract. The department may delegate any duties or powers given to the department under this section to county child support agencies, except that the department must approve the initiation of any levy proceedings under
sub. (7). The department shall promulgate rules prohibiting a county child support agency from using the powers delegated under this subsection to enforce a child support lien, if the value of the property that is subject to the lien is below the dollar amount specified in the rules.
49.854(18)
(18) Preservation of remedies. The availability of the remedies under this section does not abridge the right of the department to pursue other remedies.
49.854 Cross-reference
Cross-reference: See also ch.
DCF 152, Wis. adm. code.
49.854 Annotation
The Child Support Lien Docket. Chesnik & Petersen. Wis. Law. June 2001.
49.855
49.855
Certification of delinquent payments. 49.855(1)
(1) If a person obligated to pay child support, family support, maintenance, or the receiving and disbursing fee under
s. 767.57 (1e) (a) is delinquent in making any of those payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses, or birth expenses, upon application under
s. 59.53 (5) the department of children and families shall certify the delinquent payment or outstanding amount to the department of revenue and, at least annually, shall provide to the department of revenue any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.
49.855(2m)
(2m) At least annually, the department of health services shall certify to the department of revenue any obligation owed to the department of health services under
s. 46.10 if the obligation is rendered to a judgment.
49.855(2p)
(2p) At least annually, the department of corrections shall certify to the department of revenue any obligation owed to the department of corrections under
s. 301.12 if the obligation is rendered to a judgment.
49.855(2r)
(2r) At least annually, the department of children and families shall certify to the department of revenue any obligation owed to that department under
s. 49.345 if the obligation is rendered to a judgment.
49.855(3)
(3) 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 (3),
(6), and
(7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under
s. 46.10 (4),
49.345 (4), or
301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under
s. 767.805 (4) (d) 1. or
767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902 (2).
49.855(4)(a)(a) The department of revenue shall send the portion of any state tax refunds or credits withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of children and families or its designee for deposit in the support collections trust fund under
s. 25.68 and shall send the portion of any state tax refunds or credits withheld for delinquent receiving and disbursing fees to the department of children and families or its designee for deposit in the appropriation account under
s. 20.437 (2) (ja). The department of children and families shall make a settlement at least annually with the department of revenue. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits, and the administrative costs incurred by the department of revenue.
49.855(4)(b)
(b) The department of administration shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of children and families or its designee for deposit in the support collections trust fund under
s. 25.68 and shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent receiving and disbursing fees to the department of children and families or its designee for deposit in the appropriation account under
s. 20.437 (2) (ja).
49.855(4m)(a)(a) In this subsection, "vendor" means a person providing goods or services to this state under
subch. IV or
V of ch. 16 or under
ch. 84 or any medical assistance provider, as defined under
s. 49.43 (10).
49.855(4m)(b)
(b) The department of revenue may provide a certification that it receives under
sub. (1),
(2m),
(2p), or
(2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s.
45.352, 1971 stats.,
s. 45.40 (1m), this chapter, or
ch. 46,
108, or
301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s.
45.352, 1971 stats.,
s. 45.40 (1m), this chapter, or
ch. 46,
108, or
301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under
s. 46.10 (4),
49.345 (4), or
301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under
s. 767.805 (4) (d) 1. or
767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under
42 USC 9902 (2).
49.855(4m)(c)
(c) Except as provided by order of the court after hearing under
par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of children and families or its designee, the department of health services, or the department of corrections, whichever is appropriate. The department of children and families or its designee shall deposit amounts withheld for delinquent child or family support, maintenance, or receiving and disbursing fees or past support, medical expenses, or birth expenses in the appropriation account under
s. 20.437 (2) (kp).
49.855(5)
(5) Certification of an obligation to the department of revenue does not deprive any party of the right to collect the obligation or to prosecute the obligor. The department of children and families or its designee shall immediately notify the department of revenue of any collection of an obligation that has been certified to the department of revenue.
49.855(6)
(6) If the state implements the child and spousal support and establishment of paternity and medical support liability program under
ss. 49.22 and
59.53 (5), the state may act under this section in place of the county child support agency under
s. 59.53 (5).
49.855 History
History: 1981 c. 20,
391;
1983 a. 27;
1987 a. 27;
1987 a. 312 s.
17;
1987 a. 421;
1989 a. 31;
1989 a. 56 s.
259;
1991 a. 39;
1993 a. 16,
481;
1995 a. 27 s.
9126 (19);
1995 a. 201,
227,
279;
1995 a. 404 ss.
50 to
59; Stats. 1995 s. 49.855;
1997 a. 3,
27,
35,
237,
252;
1999 a. 9,
32;
2001 a. 16,
61,
105;
2005 a. 22,
25,
304;
2005 a. 443 s.
265;
2007 a. 20 ss.
1711 to
1718,
9121 (6) (a);
2007 a. 96;
2009 a. 113,
180.
49.855 Annotation
The state's right to certification and interception is not extinguished by a child's attainment of majority. Marriage of Howard v. Howard,
130 Wis. 2d 206,
387 N.W.2d 96 (Ct. App. 1986).
49.856
49.856
Notification of delinquent payments. 49.856(1)(b)
(b) "Department" means the department of children and families.
49.856(1)(c)
(c) "Obligor" means a person who owes a delinquent child support, family support or maintenance payment or who owes an outstanding amount that has been ordered by a court for past support, medical expenses or birth expenses and that delinquent payment or outstanding amount is specified in the statewide support lien docket under
s. 49.854 (2) (b).
49.856(2)
(2) If an obligor receives a judgment against another person or has settled a lawsuit against another person that provides for the payment of money, the department or agency may send a notice to any person who is ordered to pay the judgment, who has agreed to the settlement or who holds the amount of the judgment or settlement in trust. The notice shall inform the person that the amount of the judgment or settlement due the obligor is subject to a lien by the department for the payment of the delinquent payment or outstanding amount specified in the statewide support lien docket under
s. 49.854 (2) (b). The notification shall include the name and address of the obligor and the total amount specified in the statewide support lien docket under
s. 49.854 (2) (b). Upon receipt of a notification, the person receiving the notification shall withhold an amount equal to the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) before making any payment under the judgment or pursuant to the settlement.
49.856(3)
(3) When the department or agency notifies a person under
sub. (2), the department or agency shall send a notice to the last-known address of the obligor. The notice shall do all of the following:
49.856(3)(a)
(a) Inform the obligor that the department or agency notified the person who owes money to the obligor or who holds money in trust for the obligor under a judgment or pursuant to a settlement to withhold the amount that was specified in the statewide support lien docket under
s. 49.854 (2) (b) from any lump sum payment that may be paid to the obligor as a result of the judgment or settlement.
49.856(3)(b)
(b) Inform the obligor that he or she may request a hearing before the circuit court that rendered the order to pay support, maintenance, medical expenses or birth expenses within 20 business days after receipt of this notice. The request shall be in writing and the obligor shall mail or deliver a copy of the request to the agency.
49.856(3)(c)
(c) Inform the obligor that if a hearing is requested under
par. (b) the department or agency will not require the person withholding the amount to send the amount to that department or agency until a final decision is issued in response to the request for a hearing.
49.856(3)(d)
(d) Request that the obligor inform the department or agency if a bankruptcy stay is in effect with respect to the obligor.
49.856(4)
(4) If the obligor requests a hearing under
sub. (3) (b), the circuit court shall schedule a hearing within 10 business days after receiving the request. The only issue at the hearing shall be whether the person owes the delinquent payment or outstanding amount specified in the statewide support lien docket under
s. 49.854 (2) (b). A circuit court commissioner may conduct the hearing.
49.856(5)
(5) Receipt of a notification by a person under
sub. (2) shall constitute a lien, equal to the amount specified in the statewide support lien docket under
s. 49.854 (2) (b), on any lump sum payment resulting from a judgment or settlement that may be due the obligor. The department or agency shall notify the person who received the notification under
sub. (2) that the obligor has not requested a hearing or, if he or she has requested a hearing, of the results of that hearing, and of the responsibilities of the person who received the notification under
sub. (2), including the requirement to submit the amount specified in the statewide support lien docket under
s. 49.854 (2) (b). Use of the procedures under this section does not prohibit the department or agency from attempting to recover the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) through other legal means. The department or agency shall promptly notify any person who receives notification under
sub. (2) if the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) has been recovered by some other means and no longer must be withheld from the judgment or settlement under this section.
49.856(6)
(6) After receipt of notification by a person under
sub. (2) and before receipt of notice from the department under
sub. (5) that the amount specified in the statewide support lien docket under
s. 49.854 (2) (b) has been otherwise recovered, no release of any judgment, claim or demand by the obligor shall be valid as against a lien created under
sub. (5), and the person making any payment to the obligor to satisfy the judgment or settlement shall remain liable to the department for the amount of the lien.
49.857
49.857
Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses. 49.857(1)(b)
(b) "Credential" means a license, permit, certificate or registration that is granted under
chs. 440 to
480.
49.857(1)(c)
(c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of safety and professional services that grants a credential.
49.857(1)(cf)
(cf) "Department" means the department of children and families.
49.857(1)(d)4.
4. A certification, license, training permit, registration, approval or certificate issued under
s. 49.45 (2) (a) 11.,
252.23 (2),
252.24 (2),
254.176 (1) or
(3) (a),
254.178 (2) (a),
254.20 (2),
(3) or
(4),
254.47 (1),
254.64 (1) (a) or
(b),
254.71 (2),
255.08 (2), or
256.15 (5) (a) or
(b),
(6g) (a), or
(8) (a).
49.857(1)(d)12.
12. A license or certificate of registration issued under
ss. 138.09,
138.12,
138.14,
217.06,
218.0101 to
218.0163,
218.02,
218.04,
218.05,
224.72,
224.725,
224.93 or
subch. IV of ch. 551.
49.857(1)(d)15.
15. A license, permit or registration issued under
ss. 218.0101 to
218.0163,
218.11,
218.12,
218.22,
218.32,
218.41,
218.51,
341.51,
343.305 (6),
343.61 or
343.62.
49.857(1)(d)17.
17. A license issued under
ch. 343 or, with respect to restriction, limitation or suspension, an individual's operating privilege, as defined in
s. 340.01 (40).
49.857(1)(e)
(e) "Licensing agency" means a board, office or commissioner, department or division within a department that grants or issues a license, but does not include a credentialing board.
49.857(1)(em)
(em) "Licensing authority" means the supreme court or the Lac du Flambeau band of the Lake Superior Chippewa.
49.857(1)(f)
(f) "Subpoena or warrant" means a subpoena or warrant issued by the department or a child support agency and relating to paternity or support proceedings.
49.857(1)(g)
(g) "Support" means child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.
49.857(2)(a)(a) The department shall establish a system, in accordance with federal law, under which a licensing authority is requested, and a licensing agency or credentialing board is required, to restrict, limit, suspend, withhold, deny, refuse to grant or issue, or refuse to renew or revalidate a license in a timely manner upon certification by and in cooperation with the department, if the individual holding or applying for the license is delinquent in making court-ordered payments of support or fails to comply, after appropriate notice, with a subpoena or warrant.
49.857(2)(b)
(b) Under the system, the department shall enter into a memorandum of understanding with a licensing authority, if the licensing authority agrees, and with a licensing agency. A memorandum of understanding under this paragraph shall address at least all of the following:
49.857(2)(b)1.
1. The circumstances under which the licensing authority or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of safety and professional services shall include the circumstances under which the department of safety and professional services shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take. The guidelines under this subdivision for determining the appropriate action to take shall require the consideration of whether the action is likely to have an adverse effect on public health, safety or welfare or on the environment, and of whether the action is likely to adversely affect individuals other than the individual holding or applying for the license, such as employees of that individual.
49.857(2)(b)2.
2. Procedures that the department shall use for doing all of the following:
49.857(2)(b)2.a.
a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of safety and professional services shall include procedures for the department of safety and professional services to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of children and families with respect to an individual who holds or applied for a credential granted by the credentialing board.
49.857(2)(b)2.b.
b. Notifying an individual who is delinquent in making court-ordered payments of support under
sub. (3) (a).
49.857(2)(b)2.bg.
bg. Notifying an individual who is delinquent in making court-ordered payments of support and who fails to request a hearing under
sub. (3) (am).
49.857(2)(b)2.c.
c. Notifying the licensing authority or licensing agency that an individual has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant. The memorandum of understanding with the department of safety and professional services shall include procedures for the department of safety and professional services to notify a credentialing board that an individual who holds or applied for a credential granted by the credentialing board has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant.
49.857(2)(b)3.
3. Procedures that the licensing authority or licensing agency shall use for doing all of the following:
49.857(2)(b)3.a.
a. Restricting, limiting, suspending, withholding, denying, refusing to grant or issue or refusing to renew or revalidate a license. The memorandum of understanding with the department of safety and professional services shall include procedures for the department of safety and professional services to direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
