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Wisconsin State Profile |
Updated on 10 Apr 2007
Certified on 10 Sep 2007
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A. General/State-At-A-Glance |
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| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
State Administered/County Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
71 local agencies |
| A3. With what types of agencies do you have cooperative agreements? |
County Clerks of Court, Sheriff Departments, and Corporation Counsels, Tribes |
| A4. Does your state have statutes setting forth the attorney-client relationship between the state's attorney and the agency only? |
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| A4.1. If so, what is the statutory citation? |
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| A4.2. Did your state have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
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| A4.3. If so, please explain. |
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B. UIFSA |
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| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
4/14/1994 |
| B2. What is the effective date of your State's Act? |
4/30/1994 |
| B3. What is the statutory citation for your State's Act? |
Wis. Stat. 769
For Additional Information - Click Here |
| B4. What version of UIFSA has your state implemented (i.e the 1996 or 2001 version)? |
1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
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| B5. Optional comments regarding your State's UIFSA Act. |
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C. Reciprocity |
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| C1. With what foreign countries does your State reciprocate? |
Australia, Austria, Bermuda, Canada: Provinces: Alberta, British Columbia, Manitoba, New Brunswick, Northwest Territories, Nova Scotia, Ontario, Prince Edward Island, Quebec, Saskatchewan, Yukon Territory, England and Wales (the United Kingdom), Fiji Islands, Finland, France, Germany, Hungary, Northern Ireland, Republic of Ireland (pending), Jamaica, Mariana Islands, Mexico (all states except Durango, Mexico, Oaxaca, Sinalos), Netherlands, Pacific Islands, Trust Territory of the Newfoundland and Labrador, New Zealand, Norway, Poland, Portugal, Scotland, Sweden, Switzerland |
| C1.1. Does your state exercise its option to receive FFP for enforcement of spousal-only orders for foreign reciprocating countries? |
No |
| C1.2. If yes, please explain. |
|
| C2. Has your State established reciprocity with any tribal courts? |
Yes |
| C2.1. If yes, list the tribes and identify services provided, if less than full services. |
We have a service agreement with the Lac du Flambeau for the administration of a IV-D program on tribal lands. We also have a service agreement with the Menominee Nation for the administration of a IV-D program on tribal lands. We have a Memorandum of Understanding with the Forest County Potawatomi. Other tribes in Wisconsin will allow our local child support agencies to register their orders with the tribe for purposes of income withholding from per-capita payments. |
D. Age of Majority |
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| D1. What is the age of majority in your State? |
18 |
| D2. What is the statutory cite for the age of majority? |
54.01(20)
For Additional Information - Click Here |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
Ss.767.511(1m)(4) and 767.89(3)(c) provide for support until age 18 unless the child is still in high school or pursuing a course of education designed to lead to a high school diploma or its equivalent, in which case support continues until age 19. |
| D4. Does the date of the order impact what law is applied? |
No |
| D4.1. If so, please explain. |
Child support is not a vested right until the child reaches the age of majority. Therefore, if the age of majority changed during the term of an order, it would change for purposes of the order as well. |
| D5. Does child support end if the child leaves the household but does not emancipate? |
No |
| D5.1. Optional comments regarding emancipation. |
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| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
No |
| D6.1. If so, please explain. |
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| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
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| D7.1. If yes, please describe the procedure. |
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E. Statute of Limitations |
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| E1. What is your State's statute of limitations for collection of past due support? |
The statute of limitations is 20 years after the child/ren reach the age of majority |
| E2. What is your State's statute of limitations for paternity establishment? |
Statute of limitations for paternity judgment is age 19, but there is no limit on filing a voluntary paternity acknowledgment. |
| E3. Is dormancy revival/renewal possible? |
Yes |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
If a paternity action is dismissed with prejudice it is a dismissal on the merits and cannot be recommenced. An action dismissed without prejudice, however, can be recommenced. |
F. Support Details |
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| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, Melson Formula)? |
Percentage of Income Standard |
| F2. Does your State charge interest on missed arrears? |
Yes |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
1% per month charged on all arrearages greater than one month's worth of support. If a person misses the court-ordered periodic payment on retroactive support, the missed payments are charged interest. |
| F3. Does your State charge interest on retroactive support? |
Yes |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
1% per month charged on all arrearages greater than one month's worth of support. If a person misses the court-ordered periodic payment on retroactive support, the missed payments are charged interest. |
| F4. Does your State charge interest on adjudicated arrears? |
Yes |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
1% per month charged on all arrearages greater than one month's worth of support. If a person misses the court-ordered periodic payment on retroactive support, the missed payments are charged interest. |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
Yes |
| F5.1. If so, under what circumstances? |
Wisconsin requires a medical order for a fixed dollar amount. |
| F6. Have you elected to recover costs or charge fees in your State Plan? |
Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
|
| F6.2. What costs are recovered from/fees charged to the obligor? |
Obligor: $35 annual fee for receipt and disbursement Either obligee or obligor, by court order: genetic tests, court filing fees, vital records fee. Either who requests FPLS locate-only $20. |
| F7. Does your State recover costs on behalf of the initiating State? |
Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
Blood test fees |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
Our long arm statute is Wis. Stat.769.201
For Additional Information - Click Here |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
Yes |
| F9.1. If yes, under what circumstances? |
Wisconsin does not establish or modify spousal maintenance orders: Wisconsin will enforce per 45 CFR § 302.31. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
No |
| F10.1. Optional comments regarding required information on spouse or partner. |
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G. Income Withholding |
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| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
Income Withholding. |
| G2. What specific source of income is not subject to withholding? |
Veteran's disability benefits, Supplemental Security Income benefits, and Public Assistance payments
For Additional Information - Click Here |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
No |
| G3.1. If yes, what are those limits? |
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| G4. What is the allowable fee per pay period for processing income withholding payments? |
Actual cost of withholding but not to exceed $3.00 per withholding. |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
Must implement income withholding with the first payment made to the NCP that occurs more than seven work days (next pay day) after receiving a withholding notice. |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
Within 5 days after withholding monies from wages. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
Employer Contempt of Court. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
Required to forfeit not less than $50. If it exceeds $50, then equal to 1% of the amount not withheld or sent. |
| G9. Does your State allow direct income withholding of unemployment insurance benefits across State lines? |
Yes |
| G9.1. Optional comments regarding direct withholding of UI benefits across State lines. |
|
| G10. Does your State allow direct income withholding of workers' compensation benefits across State lines? |
Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
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| G11. How does an obligor contest income withholding in your State? |
NCP can request a hearing within 10 business days of the date the agency mailed the notice. A hearing must be held within 10 business days of receiving the request. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
Prorate the amounts based on the relative size of the withholding amounts on the notices. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States, can the employer request your assistance? |
Yes |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
For Additional Information - Click Here |
| G13. Does your state require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Yes |
| G15. How long should an employer retain the IWO after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
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| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
Not at this time |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes - Employers, Unemployment Insurance, Worker's Compensation |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Current monthly obligation for child support paid first, then medical support. |
H. Paternity |
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| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
Yes |
| H1.1. If yes, please explain. |
Wis. Stat. 767.89(3)(b) requires legal custody and physical placement be included in the order. |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
99% |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
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| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
5/1/1998 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
|
| H5. Does marriage constitute a rebuttable presumption of paternity? |
Yes |
| H5.1. How is the presumption rebutted? |
Marriage creates a rebuttable presumption. Rebutted by appointment of a GAL and genetic tests excluding the husband OR by genetic tests showing 99% probability that another man is the father, even without locating the husband. |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
Yes |
| H6.1. If not, briefly explain. |
|
| H7. Does your State have any other paternity-related presumptions? |
Yes |
| H7.1. If yes, briefly explain. |
Legitimization (marriage after birth of child.) |
| H8. Does your State have a putative fathers' registry? |
Yes |
| H8.1. If so, what is the name of that entity? |
Potential fathers data are recorded in the statewide system and reported to the FCR |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
Yes |
| H9.1. Please describe any circumstances under which these fees may be waived. |
Fees are never waived. |
| H10. Is common law marriage recognized in your State? |
No |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
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| H10.2. When did your current common law standard go into effect? |
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| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
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| H11. When the custodial parent and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
Depositions, interrogatories, and electronic testimony are all appropriate. |
| H12. Please give the cite for your State's long arm statute and list any special provisions. |
Wis. Stat. 769.201
For Additional Information - Click Here |
| H13. Does your State recover genetic testing costs for other States? |
Yes |
| H13.1. If so, please explain. |
We recover genetic test costs for other states. |
| H14. Are there any other documents that are required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
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| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
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| H16. If there is more than one child with the same custodial parent, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
Wisconsin requires a separate package for each child in paternity establishment cases. |
I. Support Order Establishment |
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| I1. Does your State use an administrative or a judicial process to establish a support obligation? |
Judicial. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
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| I1.2. Under what circumstances would the judicial process be used? |
|
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
CP's only when setting support in shared placement cases |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
767.511(1m) (16 Factors) The financial resources of the child. The financial resources of both parents. Maintenance received by either party. The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2). The needs of any person, other than the child, whom either party is legally obligated to support. If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation. The desirability that the custodian remain in the home as a full-time parent. The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home. The award of substantial periods of physical placement to both parents. Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.41. The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under 767.513. The child's educational needs. The tax consequences to each party. The best interests of the child. The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community. Any other factors which the court in each case determines are relevant. |
| I4. Will your State establish support orders for prior periods? |
Yes |
| I4.1. If so, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
Birth of Child |
| I4.2. What information or documentation does your State require to proceed? |
Date of child's birth. |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
No |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
Liability for Past Support SS. 767.89(4) and 767.805(4m) are amended to provide that liability for past support in paternity actions and actions based upon paternity acknowledgments is limited to the period after the day on which the paternity action is filed unless a party shows that he or she was induced to delay filing the action by any of the following: 1. Duress or threats 2. Actions, promises or representations by the other party upon which the party relied. 3. Actions taken by the other party to evade paternity proceedings. 4. That after the inducement to delay ceased to operate, he or she did not unreasonably delay in commencing the action. The provisions related to liability for past support in marital actions under s. 767.511(5) continue to provide for support back to the date of birth. |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
|
| I6. What is your State's statutory authority for the administrative process? |
For Additional Information - No Link Provided |
| I7. Is there a local State law that allows the interstate administrative subpoena? |
|
| I8. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
No |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
No |
| I10. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
No |
| I11. When your state has issued an order that reserves support, and now child support should be ordered, should the other state request an establishment or a modification action? |
Request for modification |
J. Support Enforcement |
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| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e, judicial, administrative, or both? |
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| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
Administrative procedures. |
| J2. Is the lien process in your State judicial, administrative or both? |
Administrative. |
| J2.1. What are the trigger criteria for filing a lien? |
Lien arrearage debts equals or is greater than $500 or one months support, whichever is greater. Lien arrearage debt does not include interest, fees or costs. The obligor can not have a bankruptcy action pending and all obligors on the lien docket must have a SSN and all due-process timelines must have expired. |
| J2.2. Where is your State liens filed? |
County Registry of Deeds State Department of Transportation. Liens attach to all real and personal property, not to a specific piece of property. Vehicle liens are effective only if the lien is printed on the title. Other states must initiate an interstate case if they want to place a lien in Wisconsin. |
| J2.3. Does your State charge a fee for filing a lien? |
No |
| J2.4. If so, please indicate the amount. |
|
| J.3. Does your State enforce property seizure and sale? |
No |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
No. Wisconsin Statute 49.854 (6) allows for it, but Wisconsin is not actively seizing real or personal property administratively at this time. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
Administrative. |
| J4.1. When must a non-custodial parent (NCP) receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect deliquent child support? |
When case is established and becomes delinquent. |
| J4.2. Does your State's income withholding definition include amounts in financial institutions? |
No |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
Yes |
| J4.3.1 If so, who notifies the NCP, the State or Financial Institution? |
The State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
Obligor and joint account holder notice must be sent 1 day after the notice of levy to the financial institution is sent. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
The court case lien must be fully enforceable, the court case lien amount must equal 300% of the monthly amount due and be at least $1000, There can be no Alternative Payment Plan in effect, there can be no account seizure bar on the court case and there can be no bankruptcy recorded. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$1000 and 300% of the monthly amount due |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
None. |
| J5.3. 1. If yes, please provide the time frame. |
|
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
No |
| J5.4.1. If yes, please provide the percentage. |
$500 must remain in account and is not eligible for seizure. . |
| J5.4.2 . Is the percentage different for joint accounts? |
No |
| J5.4.3. If yes, please provide the amount. |
$500 must remain in joint account. The balance is available on a pro-rata share. |
| J5.5. Does your state require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so please provide the amount. |
Greater than $500. |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
Financial Institution |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
Payer has 10 business day (measured as 16 calendar days) to request in writing, an alternative payment plan. Payer has 20 business days (measured as 35 calendar days) to request a hearing. A joint account holder has 20 business days from the date of the notice to request a hearing to establishe the value of ownership in the account. |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your state child support agency or court to challenge the Freeze and Seize action? |
N/A |
| J5.9. On what basis can an obligor and/or other account holder challenge/contest a freeze and seize action? |
Mistake of fact - limited to an error in the court case lien amount or identity of the payer. Joint account holder can request a hearing to establish the value of ownership in the account. |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
Judicial. |
| J5.11. What are your State's penalties for incorrect seizures? |
Wisconsin Statute 49.854 (14) states that the department must return the property seized and/or money from sale. This section does not prevent the person from seeking damages under other state provisions. |
| J5.12. Is the second challenge administrative, judicial or both? |
|
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
See above |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
Combination. Selection of accounts for seizure will not be centralized. Issuance of levy notices to financial institutions will be centralized. Not automated. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
A payer has ten business days from the date of notice to request a meeting with the child support agency in order to negotiate an alternative payment plan. An alternative payment plan will stop the account seizure. |
| J5.16. Has your state established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
Yes |
| J5.16.1. If yes, what is the amount? |
Amount in account must be greater than $500 |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
No |
| J5.17.1 If yes, please provide the state authority and the procedures Financial Institutions should follow to liquidate non-liquid assets. |
|
| J5.18. Does your state law/policy instruct the Financial Institution or state to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes |
| J5.19. How long does the Financial Institution have to send the obligor's assets to your state child support enforcement agency? |
Immediately upon notice by the CSA. The CSA has the responsibility to track due process timelines. |
| J5.19.1 . If yes, please define. |
|
| J6. Does your state withhold state funds or benefits? |
Yes |
| J6.1. If yes, is the method of withholding state benefits judicial, administrative, or both? |
Administrative procedures for withholding from worker's compensation and unemployment compensation, and for intercepting state vendor payments. |
| J7. Please describe any other administrative enforcement procedures your state may have. |
Administrative subpoenas and denial of grants and loans, i.e., grants and loans for higher education and lump sum pension intercepts. |
| J8. Please describe any other judicial enforcement procedures your state may have. |
Contempt, warrants, bonds, criminal nonsupport, Children First (a court-ordered work program) |
| J9. If your state has established specific procedures for registering administrative liens, what are the procedures that another state must follow? |
In there is no interstate case, another state may submit the request to place a lien on a property in Wiscsonsin to the county Register of Deeds.
For Additional Information - No Link Provided |
| J10. Which of our state's enforcement remedies are available without registration? |
Direct income withholding and administrative subpoenas. |
| J11. Describe your state's registration and enforcement procedures. |
The registration and enforcement procedures are consistent with UIFSA. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
There are no additional procedures required to enforce a support order. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
Yes |
| J13.1. If yes, please provide the statutory citation. |
Section 806.24, Wis. Stats.
For Additional Information - Click Here |
| J14. Does your state's law require financial institutions doing business in your state to accept Freeze and Seize actions directly from other states? |
No. Other state can attempt long-arm. If it doesn't work, the other state must go through the Wisconsin Central Registry. |
| J14.1. If no, describe the process for a Freeze and Seize action from another state's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
|
| J15. Does your state use credit bureau reporting as an enforcement method? |
Yes |
| J16. Provide which credit bureaus your state report an obligor's child support information? |
TransUnion, TriMerge |
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
Administrative |
| J18. In an interstate case, does your state report an obligor's child support information to credit bureaus when it is the initiating state, the responding state, or both? |
In interstate cases where Wisconsin is the responding state, the lien is reported to credit bureaus. In cases where Wisconsin is the initiating state, the responding state is responsible. |
| J19. What are your state's criteria for reporting an obligor's child support information to credit bureaus? |
Once a payer receives the Notice of Lien and Credit Bureau Reporting, the payer has 20 business days to contest the amount of the lien to their local csa. If the payer does not contest, they are reported to the credit bureau at the end of the month when the lien becomes fully enforceabe. If an error is alleged by the payer within the timeframe, the worker follows the steps and timelines in Lien Docket Due Process. |
K. Modification and Review/Adjustment |
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
3 years upon request by either parent. Less than 3 yrs. and the requesting parent demonstrates substantial change in circumstance. In aid cases the agency may request a review without parents request, if the agency determines a review is needed and appropriate |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
3 years upon request by either parent. Less than 3 yrs. and the requesting parent demonstrates substantial change in circumstance. In aid cases the agency may request a review without parents request, if the agency determines a review is needed and appropriate |
| K3. Briefly describe your State's modification procedure. |
Wis. Stats. 767.59, 769.611, 769.613. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
15% and at least $50 difference monthly. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
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| K5.1. The earnings of the obligor have substantially increased or decreased. |
Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
No |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
No |
| K5.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed. |
No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
No |
| K5.6. There has been a substantial change in child care expenses. |
No |
| K5.7. What other criteria does your state use for demonstrating a change in circumstances or comments regarding change of circumstances? |
Substantial change in physical placement and other factors that the court determines relevant. |
| K6. Does your State have cost of living adjustments (COLAs)? |
No |
| K6.1. If so, what index does your State use? |
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| K7. How does your state credit SSA disability to current and past due support? |
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| K8. Does your state abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the noncustodial parent is in prison, etc. |
No |
| K8.1. If so, please explain the situation? |
|
| K8.2. What is the statutory cite for your abatement law? |
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
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| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
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| K9. What information is required to register an out-of-state order for enforcement/modification? |
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L. Lump Sum Payments |
|
| L1. Does your state define a lump sum payment? |
No |
| L1.1 If yes, please provide your state's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
Wisconsin's income withholding statute (767.75) does not address lump sum payments through an employer. |
| L1.2 Provide the statutory citation. |
For Additional Information - No Link Provided |
| L2. Does your state law require employers to report lump sum payments? |
No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
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| L4. How are employers instructed to report a pending lump sum? |
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| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
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| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
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| L7. Does your state use the income withholding order to attach the lump sum payment? |
No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
|
| L8. Does your state use the lien/levy process to attach the lump sum payment? |
No |
| L8.1 If yes, what is the name of the document your state uses to attach lump sum payment? |
|
| L9. What other documents does your state use to attach lump sum payments? |
|
| L10. Does your state require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
Yes |
| L10.1 If yes, what are those limits? |
CCPA limits apply to all payments.
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
|
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
Yes |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
As stated, CCPA limits apply to all payments. | |
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