Wisconsin State Law
1. General Program-At-A-Glance
1. How many local child support offices are in your state excluding agencies with cooperative agreements? |
71 Local County Child Support Agencies |
2. What is the name of your IV-D agency? |
Bureau of Child Support within the Wisconsin Department of Children and Families, Division of Family and Economic Security. |
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe. |
Wisconsin is primarily judicial; although, we do have administrative processes for the establishment of paternity and enforcement.
For Additional Information - No Link Provided |
4. Does your state use the following applications: EDE, CSENET, QUICK? |
Yes, we use all of them. |
2. Duration Of Support
3. Statute Of Limitations
1. What is your state's statute of limitations for the collection of past-due support? |
The statute of limitations is 20 years after the youngest child on the order has reached the age of majority. Wis. Stat. § 893.415
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain. |
Statute of limitations for paternity judgment is age 19, but there is no limit on filing a voluntary paternity acknowledgment.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long? |
NO
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4. Support Details
5. Paternity/Parentage
6. Support Order Establishment
7. Income Withholding
8. Distribution
1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain. |
Yes Effective October 1, 2010, Wisconsin will pass through to the family 75% of collections applied to assigned subaccounts in current W-2 and SSI Caretaker Supplement cases. |
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain. |
Yes On April 1, 2010, Wisconsin increased the pass-through to former assistance cases to 100% of the collections applied to assigned debts. |
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)? |
PRWORA distribution |
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state? |
Wisconsin has set priority for all debts and payments, which are applied based on the standard distribution hierarchy. This is the answer for both questions. Family owed debts are paid prior to state-owed debts. |
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states? |
Wisconsin has set priority for all debts and payments, which are applied based on the standard distribution hierarchy. This is the answer for both questions.
For Additional Information - No Link Provided |
9. Enforcement
10. Modification And Review/Adjustment
1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.) |
TANF cases: Automatically every 33 months and upon the request of either parent if less than 3 years when the requesting parent demonstrates a substantial change in circumstance.
Non-TANF cases: Every 33 months upon request of either parent and upon request of either parent in less than 3 years when the requesting parent demonstrates substantial change in circumstance.
For Additional Information - No Link Provided |
2. What is your state's modification procedure? Briefly describe. |
Notices are sent to the parties every 33 months indicating their right to a review of the support order.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)? |
15% and at least $50 difference monthly
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order? |
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4.1. The earnings of the noncustodial parent have substantially increased or decreased. |
YES |
4.2. The earnings of the custodial parent have substantially increased or decreased. |
Yes but only in shared or split placement cases, where the noncustodial parent has the child at least 25% of the time. |
4.3. The needs of a party or the child(ren) have substantially increased or decreased. |
YES
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4.4. The cost of living has changed. |
Yes, but outside the 33 month right to review, the change must met the threshold for modification. |
4.5. The child(ren) has extraordinary medical expenses not covered by insurance. |
YES |
4.6. There has been a substantial change in childcare expenses. |
YES |
4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order? |
Substantial change in physical placement and other factors that the court determines relevant.
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).) |
NO |
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).) |
No, not as a state-wide policy but some county child support agencies in Wisconsin do this.
For Additional Information - No Link Provided |
11. Lump Sum Payments
1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.) |
Wisconsin does not have a statutory definition of lump sum.
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule. |
NO
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.? |
Lump sums from pensions or insurance claims are attached using the administrative lien process and sending the Notice to Disburse/Release Lump-Sum Judgment/Settlement. If an employer is holding a lump sum and the child support agency requests and is granted permission to do additional income withholding for that lump sum that would be sent using the OMB-approved income withholding order form. |
12. Cost Recovery And Fees
1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe. |
YES |
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.) |
Both.The non-assistance obligee must pay $35.00 and a tax intercept fee consisting of 10% of collections. The noncustodial must pay the annual receipt and disbursement fee of $65.00. Either party, by court order: genetic tests, court filing fees, vital records fees. Either who requests FPLS locate-only $20. |
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe. |
Yes as long as it is a fee collected in intra state cases. |
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below. |
YES |
3.1. Is it retained by the state from support collected? |
YES |
3.2. Is it paid by the individual applying for child support services? |
Yes, as long as never on public assistance. |
3.3. Is it recovered from the noncustodial parent? |
NO |
3.4. Is it paid by the state out of its state funds? |
NO |
13. Insurance Match
1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
NO
For Additional Information - No Link Provided |
2. What criteria must a noncustodial parent meet to be eligible for your state’s participation in the federal insurance match program? |
3. What process does your state use to intercept insurance payments? |
Administrative lien process.
For Additional Information - No Link Provided |
4. How does another state initiate and intercept collections from your state’s workers’ compensation agency? |
They should send an income withholding order to the insurance provider.
For Additional Information - No Link Provided |
5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)? |
NO |
14. Family Violence
15. CSENet
1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).) |
YES |
2. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).) |
YES |
3. When your state is the initiating state, does it send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? (MSC P GSC17; 45 CFR 303.7(c)(12).) |
YES |
4. When your state is the responding state, does it send a CSENet case closure transaction to notify the initiating state that, per its request, the case is closed, and your state has stopped its income withholding order? (MSC P GSC18; 45 CFR 303.7(d)(9).) |
YES |
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT) |
YES |
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI) |
Yes, sent annually in December. |
16. Copies Of Orders And Payment Records
1. What are the procedures and associated costs for obtaining a certified copy of a court order? |
If a child support agency sends a request via CSET #3, there is usually no cost if the Wisconsin child support agency has a copy of the order.
For Additional Information - No Link Provided |
2. What are the procedures and associated costs for obtaining a certified payment record? |
If a child support agency sends a request via CSET #3, there is usually no cost if the Wisconsin child support agency has the records on hand. If additional research is needed the child support agency may charge. However the cost will differ from county to county.
For Additional Information - No Link Provided |
17. Uniform Interstate Family Support Act (UIFSA)
18. International - Reciprocity
1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.) |
None |
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.) |
NO |
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)? |
Alternative B |
19. International Information For Hague Convention Countries
20. International Payments
1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case? |
By check |
2. What actions does your state take to reduce the costs and fees associated with international payment processing? |
All payments are processed through a designated authority. All payments are processed upon receipt. |
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions. |
NO |
21. Tribal Non IV-D
1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program? |
NO |
1.1. If yes, list the tribes and identify services provided, if less than full services. |
NA
For Additional Information - No Link Provided |
2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs? |
NO |