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Wisconsin State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
71 Local County Agencies
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
Wis. Stat. 767.205(2)(b)1 Except as provided in subd. 2., in any action affecting the family under a child support enforcement program, an attorney acting under s. 49.22 or 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in par. (a) do not create an attorney-client relationship with any other party.
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
NO
A2.3. If yes, please explain.
N/A

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
WISCONSIN STATTUE CHAPTER 769 UNIFORM INTERSTATE FAMILY SUPPORT ACT (cited as Wis. Stat. 769)
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
1 Certified and 2 Copies. Note: To obtain copies of WI certified orders and pay records, send a Transmittal #3 to the WI County handling the case. If county is not known, send to the WI Central Registry.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Canada Quebec only
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
N/A
C2. Has your state established reciprocity with any Native American 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 have a service agreement with the Oneida tribe. 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.
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **
Yes, Wisconsin will allow the country to send an abstract or summary in lieu of the complete text.

D. Age of Majority

D1. What is the age of majority in your state?
18
D2. What is the statutory citation for the age of majority?
Wisconsin Statutes 54.01(20)"Minor" means an individual who has not attained the age of 18 years.
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Wis. Stats. 767.511(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 determine the law that is applied?
No
D4.1. If yes, 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.
N/A
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Child of the parties is less than 19 years old and pursuing an accredited course of instruction leading to the acquisition of a high school diploma. By order of the court.
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 otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
N/A
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
Yes.
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

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.
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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.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Wisconsin law does not have dormancy provisions.
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Percentage of Income Standard
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F2. Does your state charge interest on arrears?
Yes
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
0.5% per month (6% per year) charged on all arrearages greater than one month's worth of support. If a person misses the court-ordered periodic payment the missed payments are charged interest. This interest rate of 0.5% is effective 04/01/2014.
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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.
0.5% per month (6% per year) 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. This interest rate of 0.5% is effective 04/01/2014.
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.
0.5% per month (6% per year) 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. This interest rate of 0.5% is effective 04/01/2014.
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
Yes
F5.1. If yes, under what circumstances?
Wisconsin requires a medical order for a fixed dollar amount.
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
The obligee must pay a $25 annual fee and a tax intercept fee consisting of 10% of collections.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
Obligor: $65 annual fee for receipt and disbursement Either obligee or obligor, by court order: genetic tests, court filing fees, vital records fees. 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 recovery of initiating state's fees.
Genetic Test fees
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
Our long arm statute is Wis. Stat.769.201
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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, AT-11-07)
NO
F10.1. Optional comments regarding required information on spouse or partner.
N/A
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
Effective October 1, 2008, the annual fee will be withheld from support collected and disbursed after the first $500 has been collected in the federal fiscal year.
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
No
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
October 1, 2005
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
Yes
F14. Does your state participate in the pass-through in former assistance cases?
Yes
F14.1. If yes, provide the date.
10/1/2010
F15. Will your state discontinue eligible assignments under the DRA of 2005?
Yes
F15.1. If yes, list the eligible assignments your state would discontinue.
Wisconsin eliminated all existing assigned Child Support arrearages for TANF recipients for Child Support that accrued before the family received assistance.
F15.2. When will your state discontinue each type of assignment?
10/1/2010
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
A court order changing the payee is required.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
A court order changing the payee is required.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
A court order changing the payee is required.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
Withheld after $500.00 has been disbursed to the family in a federal fiscal year.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
Yes
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
Court filing fees, genetic testing costs, birth costs, application fee, and receipt and disbursement fee.
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
Yes
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
Yes

G. Income Withholding

G1. What specific source of income is not subject to withholding?
Veteran's disability benefits, Supplemental Security Income benefits, and Public Assistance payments
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
N/A
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Actual cost of withholding but not to exceed $3.00 per withholding.
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G4. 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.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within 5 days after the day the person pays the money to the obligor.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Employer Contempt of Court.
G7. 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.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
Yes
G8.1. Explain your process for receiving direct withholding orders across state lines.
Notice/Order to withhold should be sent to: Wisconsin Unemployment Insurance P.O. Box 7905 Madison, WI 53707
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G8.2. What documents are required to intercept UI benefits?
Income Withholding for Support Notice.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
Yes
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
You must send income withholding notice to insurance carrier providing the worker's compensation benefit.
G10. 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.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the 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.
G11.1. 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
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
N/A
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No
G13. When does your state require the employer to send notice of an employee's termination?
Within 10 days after an employee is terminated or otherwise temporarily or permanently leaves employment.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Indefinitely, but no less than six months.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
Yes, if the Receipt and Disbursement fee is not paid by the obligor, statute requires employers to withhold the fee when notified to do so.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
Not at this time
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Yes - Employers, Unemployment Insurance, income withholding for worker's compensation should be sent to the insurance provider paying the benefits not the Worker's Compensation Agency.
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G18. 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.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
Wisconsin has set priority for all debts and payments, which are applied based on the standard distribution hierarchy.
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
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%
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
05/01/1998
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.

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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, 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.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.

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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
May 1, 1998 That provision was enacted as a part of 1997 Wisconsin Act 191.Date of enactment: April 27, 1998 Date of publication*: April 30, 1998 Per Section 991.11, WISCONSIN STATUTES The effective date of acts, unless stated otherwise the act takes effect on the day after its date of publication.Therefore the effective date is the day after publication - May 1, 1998 as noted above.
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
Legitimization (marriage after birth of child)
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Paternal Interest Registry
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Fees are never waived.
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H11. Is common-law marriage recognized in your state?
No
H11.1. If yes, briefly describe the standard that defines common-law marriage.
N/A
H11.2. When did your current common-law standard go into effect?
H11.3. 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?
N/A
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
Wis. Stat.769.201
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H14. Does your state recover genetic testing costs for another state?
Yes
H14.1. If yes, please explain.
Wisconsin will recover genetic costs if needed.
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Judgment or order determining paternity or acknowledgment of paternity. Wis. Stat. 767.89 https://docs.legis.wisconsin.gov/statutes/statutes/767/IX/89
H16. If there is more than one child with the same custodial party 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

I1. Does your state use an administrative, judicial, or a combined 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?
N/A
I1.2. Under what circumstances would a judicial process would be used?
Wisconsin is Judicial only.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
N/A
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
When calculating support in shared placement and split placement, NCP's and CP's income are considered for calculations.
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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.
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I4. Will your state establish support orders for prior periods?
Yes
I4.1. If yes, for what prior periods (for example, 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.
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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, specify those limitations.
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? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Wisconsin only uses an administrative process for some genetic test orders and enforcement of child support.
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I6. What is your state's statutory authority for the administrative process?
N/A
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I7. Is there a local state law that allows an interstate administrative subpoena?
Yes. The department or county child support agency under s. 59.53 (5) may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information and other documentary evidence in the administration of this section, ss. 49.145, 49.19, 49.46, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to 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 now be ordered, should the other state request an establishment or a modification?
Request for modification. Note: Wisconsin terminology for "reserved support" is "Held Open"
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
Yes, unless party is on TANF.
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
Yes, unless 3rd party is on TANF.
I14. What methods of personal service does your state use? **
Forward documents which need to be served to the sheriff or other public official or a private contractor.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
NA
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Child care expenses, extra-curricular activities, cash medical support, extraordinary expenses as agreed on by the parties or ordered by the court for education or special needs.
I17. Please provide the relevant statutory or case law citation. **
Wisconsin Administrative Rule DCF 150.02(29), 150.04(2)6., DCF 150.05
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
There is no formal process, however parties are encouraged to agree using mediation. The use of mediation, conciliation, or similar processes is encouraged in every child support case. As a general rule, before initiating an enforcement procedure that is not automatic, an amicable solution is sought with the noncustodial parent, to whom the possibility to make voluntary payments is offered.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative procedure.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative, with right to Judicial review.
J2.1. What are the trigger criteria for filing a lien?
A lien arrearage debt 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.
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J2.2. Where are 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 yes, please indicate the amount.
Liens for a particular property will charge a fee. This fee varies by the County Register of Deeds.
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. There is currently no mechanism to enforce.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When case is established and when it becomes delinquent.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The State (Local County Agency)
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 delinquent dollar amount that makes an obligor eligible for asset seizure?
Minimum of $1000 and also at least 300% of the monthly amount due.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No
J5.3.1. If yes, please provide the time frame.
N/A
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, 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, describe.
$500 must remain in joint account. The balance is available on a pro-rata share.
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, 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 or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Payer has 10 business days (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 establish the value of ownership in the account.
For Additional Information - No Link Provided
J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your 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 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.
For Additional Information - No Link Provided
J5.10. Is your state's complaint review process judicial, administrative, or both?
Both https://docs.legis.wisconsin.gov/statutes/statutes/49/VI/854/15/a
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 is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
A joint account holder has 20 business days from the date of the notice to request a hearing to establish the value of ownership in the account.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Automated processes identify cases that meet the delinquency and account availability criteria for account seizure. The decision whether to proceed on an eligible case is at the discretion of the local agency; the process is not automated or centralized.
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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
N/A
For Additional Information - No Link Provided
J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes
For Additional Information - No Link Provided
J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Immediately upon notice by the CSA. The CSA has the responsibility to track due process timelines.
For Additional Information - No Link Provided
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. 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. 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?
If there is no interstate case, another state may submit the request to place a lien on a property in Wisconsin to the county Register of Deeds.
For Additional Information - No Link Provided
J10. Which of your state's enforcement remedies are available without judicial actions?
Direct income withholding and administrative subpoenas.
J11. Describe your state's procedures for registering and enforcing another state's order.
The registration and enforcement procedures are consistent with UIFSA.
J12. Describe additional judicial procedures required after registration, 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, provide the statutory citation.
Section 806.24, Wis. Stats.
For Additional Information - exit disclaimer
J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
Through the use of the Wisconsin Lien Docket.
J15. To which credit bureaus does your state report an obligor's child support information?
TransUnion, TriMerge
J16. Is the method for credit bureau reporting judicial, administrative, or both?
Administrative
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Wisconsin does not participate in AEI.
J19. What documentation does your state require to proceed with an AEI request?
N/A
J20. What mandatory data elements does your state need to process AEI requests?
N/A
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
N/A
J22. How many copies/sets of documents does your state require with an AEI request?
N/A
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
N/A
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
N/A
J25. What is the procedure for obtaining a certified copy of a court order?
Transmittal #3 sent to the local county agency handling the case. If agency is not known, then send to WI Central Registry.
J26. What is the procedure for obtaining a certified payment record?
Transmittal #3 sent to the local county agency handling the case. If agency is not known, then send to WI Central Registry.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
Each child support agency in Wisconsin sets its own policies for license revocation after the initial threshold has been met.
J29. What triggers a driver's license revocation?
Obligor must have met the criteria for a lien on property (real and personal) and the lien must be greater than or equal to 300% or the monthly amount due and is at least $1000.00. The child support agency must decide to take action against the license.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
YES
J29.2 If yes, what is the amount?
The arrears must be greater than or equal to 300% of the monthly amount due and at least $1000 for the court case.
J30. Under what conditions may a noncustodial party restore the driver's license?
The noncustodial party must work with the child support agency that took action against the license. Each agency sets its own rules regarding conditions for restoration of a license, the condition could be: A lump sum payment or report of employment, or other conditions the agency deems appropriate. The noncustodial party may also request the court to reinstate the license.
J30.1 What is the process for restoring a driver's license?
Once the child support agency releases the certification for suspension that information is transmitted to the Department of Transportation (DOT). The noncustodial party must file the proper DOT forms and pay a reinstatement fee to the DOT.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
If license revoked for nonpayment of child support you may apply for an Occupational license from the Dept of Transportation to travel to and from work.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
After the initial threshold is met, every child support enforcement agency is given discretion regarding when to suspend licenses and under what circumstances to release licenses. Our license suspension program also includes profession/occupational and recreational (hunting/fishing) license types.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
YES, for federal tax offset only.
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
YES
J33.2 What is the dollar amount?
$150.00 for TANF debts and $500.00 for Non-TANF debts.
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
NO
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
NO
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
N/A
J36.2 What is the dollar amount?
N/A
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
NO
J38.2 What is the dollar amount?
N/A
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
NO
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
TANF cases: Automatically every 3 years and upon the request of either parent in less than 3 years when the requesting parent demonstrates substantial change in circumstance. Non-TANF cases: Every 3 years 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
K2. Briefly describe your state's modification procedure.
Wis. Stats. 767.59, 769.611, 769.613.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
15% and at least $50 difference monthly
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
No
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
No
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
Sustantial change in physical placement and other factors that the court determines relevant.
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
N/A
K6. How does your state credit SSA disability to current and past-due support?
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.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
N/A
K7.2. What is the statutory citation for your abatement law?
N/A
For Additional Information - No Link Provided
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - No Link Provided
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
If hard copies of birth records are required, out-of-state agencies must send their request directly to the Wisconsin Vital Records Office and pay a $20 fee per record. Vital Records documentation request procedures may be found at http://www.dhs.wisconsin.gov/vitalrecords/. Note: If actual documentation is not required, the WI Bureau of Child Support can provide screen prints and vital records information free of charge. Please fax your request with subject line of "Vital Records Info Request" to fax number: 608-260-3168.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Registration: Transmittal #1, Registration Statement, Certified Order, Certified Pay History. Modification: Transmittal #1, Registration Statement, Certified Order, Certified Pay History, Uniform Support Petition, General Testimony.
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Yes
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
Current support plus arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
The child is adopted by someone other than the noncustodial parent. The child support order states that child support ceases before the normal duration.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Wisconsin's income withholding statute (767.75) does not address lump sum payments through an employer.
L1.2 Provide the statutory citation.
N/A
For Additional Information - No Link Provided
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
N/A
For Additional Information - No Link Provided
L3. Are employers required to report lump sum payments 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?
N/A
L4. How are employers instructed to report a pending lump sum?
N/A
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
N/A
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
Yes
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice to Disburse/Release Lump-Sum Judgment/Settlement
L8. What other documents does your state use to attach lump sum payments?
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
N/A
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
CCPA limits apply to all payments.
For Additional Information - No Link Provided
L9.3. If yes, what are those limits?
N/A
L9.4. If no, what percentage is the employer required to withhold?
N/A
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
Yes
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Affiliated Computer Services (ACS), a division of Xerox Corporation is the vendor for the SDU. The SDU banks with US BANK.
L12. Does your state have a debit card program?
Yes
L12.1 If so, specify the vendor.
Comerica Bank managed by EPPIC.
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
No. The other programs have a separate debit card.
L13.1 If so, are there fees involved?
N/A
L14. What are the fees associated with using the card?
Fees vary based on whether a fee-based ATM is used.
L15. How does your state collect child support payments from an obligor? **
Payments must be made to a central location Payments may be made by income withholding Payments may be made by check or warrant
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Payments may be by check
L17. 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
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
N/A
L19. What is your state's International Bank Account Number (IBAN)? **

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Wisconsin does not have legislation to match however we do have legislation (Wis. Stat. 49.856) to attach Lump Sum Judgment and Settlement action.
For Additional Information - No Link Provided
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
N/A
For Additional Information - No Link Provided
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
N/A
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
No
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
N/A
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
N/A
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
N/A
For Additional Information - No Link Provided
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
N/A
For Additional Information - No Link Provided
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
Notice of Lien/Levy
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
Both
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
Wisconsin Statutes 49.856(2)
For Additional Information - No Link Provided
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Wis. Stats. 49.856 & 49.854
For Additional Information - No Link Provided
M6. Are there attorney fees associated with the insurance intercept activity?
No
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
Collections cannot be intercepted from the Wisconsin Division of Worker's Compensation as that agency does not remit benefits. Worker's Compensation payments are paid out by the employer's worker's compensation insurance provider. Send the Order/Notice to Withhold directly to the insurance carrier. You may also notify the insurance provider of an administrative or judicial lien that may attach to any lump sum settlement or judgment; it is recommended to provide a copy of any lien notice sent to the insurance provider to the Wisconsin Division of Worker's Compensation. Include a cover letter requesting the lien be placed in the worker's file; otherwise they may think the lien notice was misdirected. When necessary you may send a full UIFSA Transmittal #1 to the Wisconsin Central Registry.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
Yes
N2. Does your state 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) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
Yes
N3. Does your state 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)
Yes
N4. Does your state 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)
Yes