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    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

    1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
    AGE OF CHILD ELIGIBLE FOR SUPPORT. The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent Wis. Stat. § 767.511 (4).
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    2. 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.
    For Additional Information - No Link Provided
    3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
    NO
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    4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
    Yes, if it is provided for in the order. It may be due to a disability, college or any other circumstance if stipulated by the parties and approved by the court.
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    5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
    Wisconsin Statutes § 54.01(20) "Minor" means an individual who has not attained the age of 18 years.
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    6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
    NO
    7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
    NO
    8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
    NO

    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
    For Additional Information - No Link Provided
    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

    1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
    Income Shares Model
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    2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
    Yes. 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. Wis. Stat. §767.511(6)
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    3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
    Yes, same as above.
    For Additional Information - No Link Provided
    4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
    No. Interest is not charged on past support as it is not considered an arrearage for the purpose of interest charging. However, interest is charged on missed payments ordered to pay back the past support. For example, if $50 a month is ordered for the $1,050 past support order. At the end of the first month, only $40 was paid. The $10 arrearage will roll to past support arrearage. Interest is charged on the unpaid portion of past support as it is considered a missed court-ordered payment. The interest rate is the same as above.
    For Additional Information - No Link Provided
    5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
    Yes, if there is an order for the uninsured portion of medical debt.
    6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
    A court order is required to change the payee.
    For Additional Information - No Link Provided
    6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
    NO
    For Additional Information - No Link Provided
    7. 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
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    8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
    Yes, under Wis. Stat. §767.59(1r)(d). However the order should be modified per DCF 150.03(5).
    For Additional Information - No Link Provided
    9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
    NO
    For Additional Information - No Link Provided

    5. Paternity/Parentage

    1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
    Yes, Wis. Stat. § 767.89(3)(b) requires legal custody and physical placement be included in the order.
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    2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
    99.0%
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    3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
    Wis. Stat.§ 767.805 effective May, 1 1998.
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    4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
    Yes. Marriage creates a rebuttable presumption. Rebutted by appointment of a GAL and genetic tests excluding the husband OR by genetic testing tests showing 99% probability that another man is the father, even without locating the husband.. Wis. Stat. § 767.80
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    5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
    Yes. Wis. Stat. §69.15(3)(b)3.
    For Additional Information - exit disclaimer
    6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
    Yes Wisconsin has an administrative process to establish paternity via genetic test. A genetic test under this procedure of 99% probability of paternity creates a presumption of paternity.
    7. What, if any, is the agency name and link for your state's putative fathers' registry?
    Inquiry of Paternal Interest Registry, Division of Safety and Permanence, Department of Children and Families, https://dcf.wisconsin.gov/paternalinterest/father
    For Additional Information - No Link Provided
    8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
    Wisconsin has access to birth record queries only. It can provide copies of queries, in certain circumstances.
    For Additional Information - No Link Provided
    9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
    YES
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    9.1. Describe any circumstances under which these fees may be waived?
    See Bureau of Vital Statistics website.
    For Additional Information - No Link Provided
    10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
    NO
    11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
    NO
    12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
    Wisconsin requires a separate intergovernmental packet for each child if paternity is at issue.

    6. Support Order Establishment

    1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
    1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
    NA
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    1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
    Judicial process is used is all instate cases.
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    2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
    Custodial parent in shared placement or split placement calculation. If the child has income, that can be used as a deviation of guideline support
    For Additional Information - No Link Provided
    2.1. What documentation is required as proof/evidence of this information?
    Financial declaration disclosures, pay stubs, etc.
    3. What criteria for rebutting your presumptive guidelines have been established in your state?
    Wis. Stat. § 767.511(1m)
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    4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
    Yes, most commonly back to date of service of the petition or under certain conditions back to birth of the child.
    For Additional Information - No Link Provided
    4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
    Birth of child and proof of applicable conditions listed in question 4.3.
    For Additional Information - No Link Provided
    4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
    NO
    4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
    767.511(5)LIABILITY FOR PAST SUPPORT. Subject to §767.804 (4), 767.805 (4m), and 767.89 (4), liability for past support is limited to the period after the birth of the child.
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    5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
    NO
    For Additional Information - No Link Provided
    5.1. What about when public assistance is not being expended?
    NO
    6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
    Modification
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    7. 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 custodial parent obtain legal custody before child support is addressed? Please describe.
    Yes, unless party is on TANF.
    For Additional Information - No Link Provided

    7. Income Withholding

    1. What are specific sources of income not subject to withholding?
    Supplemental Security Income (SSI) and State Supplement Payments (SSP) or other needs-based income.
    For Additional Information - No Link Provided
    2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
    YES
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    2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
    NO
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    2.2. What are the withholding limits for non-employees?
    Same as for employees, except for unemployment insurance.
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    3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
    $3.00
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    4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
    Yes a separate income withholding order is sent for receipt and distribution fees not paid by the noncustodial parent in the first quarter of the year.
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    5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
    Date of receipt
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    5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
    Withholding must begin no later than the next pay period that occurs 7 days after the date of receipt of the income withholding order.
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    6. When must an employer remit amounts withheld from an employee's pay?
    Within 5 business days of the pay date.
    For Additional Information - No Link Provided
    7. What are your state's sanctions for employers for not implementing income withholding?
    Contempt of Court or fines of $50.00 or 1% of the amount not withheld or sent.
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    7.1. What are the penalties to an employer for failure to remit payments withheld?
    Contempt of Court or fines of $50.00 or 1% of the amount not withheld or sent.
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    8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
    Yes, send the standard federal income withholding order to Wisconsin FEIN: 39-6006449 Contact: Alison Meeker uichildsupport@dwd.wisconsin.gov Ph: (608) 261-8511, Fax: 1-(608) 327-6048 Address: State of Wisconsin DWD Unemployment Insurance Division 201 East Washington Avenue P.O. Box 7905 Madison WI 53707-7905
    For Additional Information - No Link Provided
    8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
    NA
    For Additional Information - No Link Provided
    9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
    NO
    For Additional Information - No Link Provided
    9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
    Income withholding is not used to attach funds from a financial institution. They should send a notice of levy to the financial institution.
    10. How does a noncustodial parent contest an 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.
    For Additional Information - No Link Provided
    11. 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).)
    Prorate the amounts based on the relative size of the withholding amounts on the notices.
    12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
    The only deductions allowed are for federal, state, local and Social Security taxes.
    For Additional Information - No Link Provided
    13. When does your state require the employer to send notice of an employee's termination?
    YES
    For Additional Information - No Link Provided
    14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
    The payment will be applied to all types of current support first, then on periodic payments on arrears, then to other debts according to the various distribution hierarchies. Employers are instructed if the total amount of withholding exceeds the CCPA limits and the employee is ordered to pay health care premiums you should follow the set priorities to determine the withholdings. The priorities are current child support, current spousal support, health insurance premiums or current medical support, past-due support, past-due spousal support, past-due medical support, R&D fees, then other fees and costs.
    For Additional Information - No Link Provided

    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

    1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
    Wisconsin does not participate in AEI.
    2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
    NA
    3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
    Child support debt reaches or exceeds the lien threshold of $500,the lien is report to the credit bureau.
    For Additional Information - No Link Provided
    4. To which credit bureaus does your state report a noncustodial parent's child support information?
    TransUnion and TriMerge
    5. Is the method for credit bureau reporting judicial, administrative, or both?
    Administrative
    6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
    Yes, reports can only be removed if placed by a mistake.
    7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    NO
    8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
    YES
    9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    NO
    10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
    YES
    11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
    Yes, submit a payer for both in-state and multi-state FIDM when the payer's federal tax certification amount equals or exceeds $1,000.
    12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
    NO
    13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
    NO
    14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
    Could be both, but child support agencies mainly use the administrative process.
    15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
    Yes Non-liquid assets, trust accounts, business accounts
    For Additional Information - No Link Provided
    16. Is the financial institution attachment process in your state centralized and/or automated?
    It is not centralized or automated.
    17. What are the criteria to attach an account in a financial institution in your state?
    The court case lien status must be FULL. The court-case lien amount must equal 300% of the monthly amount due and be at least $1,000. There can be no alternative payment plan in effect for the court case. There can be no account seizure bar on the court case. There can be no bankruptcy recorded in KIDS. The account may not have funds from SSI. Plus There must be a verified address in KIDS for the NCP, or The NCP must have been in locate (LCAP) for at least 60 days*, and The financial account must have a balance greater than $500.
    18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
    YES
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    19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
    NO
    20. Does your state's income withholding definition include amounts in financial institutions?
    NO
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    21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
    Yes, a notice is required to be sent to the noncustodial parent and any other with an interest in the account. The notice is sent the by child support agency.
    For Additional Information - No Link Provided
    22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
    20 business days
    For Additional Information - No Link Provided
    23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
    Yes Wis. Stat. §49.854 (5) The financial institution must hold the funds until further notice from the child support agency. The noncustodial parent has 20 business days to request a hearing if they wish to contest the account seizure.
    For Additional Information - No Link Provided
    24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
    First $500.00 in the account.
    For Additional Information - No Link Provided
    25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
    Wis Stat. 49.854 5 (c) 2.
    For Additional Information - No Link Provided
    26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
    NO
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    27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
    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% of the monthly amount due and is at least $1000.00. That is the minimum criteria, however, the child support agency must make the final decision whether to take action against the license.
    For Additional Information - No Link Provided
    28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
    The noncustodial party must work with the child support agency that took action against the license. Each agency sets its own policies 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.
    29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
    The Wisconsin Department of Transportation does allow for the application for an occupational license if the license has been suspended due to nonpayment of child support. The occupational license limits the times and purposes the holder may drive. The holder can drive to and from work or medical appointments, etc. Those criteria are set by the DOT and can be found on their website. https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/occ-eligibility.aspx
    30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
    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% of the monthly amount due and is at least $1000.00. That is the minimum criteria; however, the child support agency must decide whether to take action against the license. All licenses issued by a State agency are subject to professional license certification.
    31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
    The noncustodial party must work with the child support agency that took action against the license. Each agency sets its own policies 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.
    32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
    NO
    33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
    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% of the monthly amount due and is at least $1000.00. That is the minimum criteria; however, the child support agency must decide whether to take action against the license. Applies to all recreational licenses issued by the Wisconsin Department of Natural Resources.
    34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
    The noncustodial party must work with the child support agency that took action against the license. Each agency sets its own policies 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
    35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
    NO
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    36. What are the criteria for initiating/filing a lien in your state?

    For Additional Information - No Link Provided
    37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
    Wisconsin primarily uses the administrative lien process; however, there is a judicial lien process that can be used if the case is not eligible for an administrative lien, or the case circumstances warrant the use of a judicial lien.
    38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
    NO
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    39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
    Yes, the remedy is administrative; although, contests to it are judicial.
    40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
    40.1. If yes, is this enforcement judicial, administrative, or both?
    Yes, lottery winnings
    41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
    It is administrative.
    42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
    NA

    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.
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    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.
    For Additional Information - No Link Provided
    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
    For Additional Information - No Link Provided
    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.
    For Additional Information - No Link Provided
    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.
    For Additional Information - No Link Provided
    2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
    NO
    For Additional Information - No Link Provided
    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)

    1. What is the statutory citation for your state's enactment of UIFSA?
    WISCONSIN STATTUE CHAPTER 769 UNIFORM INTERSTATE FAMILY SUPPORT ACT
    For Additional Information - exit disclaimer
    2. How does your state define the tribunal (See UIFSA 103)?
    Wis. Stat. §769.102; State tribunal and support enforcement agency. Wis. Stat. §769.102(1) The courts and circuit and supplemental court commissioners are the tribunal of this state. Wis. Stat. §769.102(2)The department of children and families and county child support agencies under s. 59.53 (5) are the support enforcement agencies of this state.
    For Additional Information - exit disclaimer
    3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
    One original certified copy. Central Registry sends all UIFSA packets to the county child support agencies via EDE. We prefer and encourage the use of EDE. 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.
    4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
    NO

    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

    1. 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, per Wis. Stat. § 769.706 an abstract or extract is acceptable.
    For Additional Information - exit disclaimer
    2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
    Yes, all documents may be sent through use of secured email, or fax for international cases.
    3. What methods of personal service does your state use?
    Wis. Stat. § 801.11 on the manner of service summons for personal jurisdiction, we may personal serve a summons upon the respondent in a case including voluntary service in which the respondent picks up the legal papers at the child support agency and signs an Acknowledgment of Service. The respondent can waive the right to personal service and agree to accept service by regular U.S. mail and sign a waiver of personal service. If the respondent cannot be personally served in Wisconsin after diligent efforts to serve him or her have been made, then he/she may be served: a. By leaving a copy of the summons at the respondent's home, in the presence of a competent member of the family at least 14 years of age, who must be informed of the contents of the summons, or b. By having an authorized public or private process server in another state complete service based on the laws of that state, or c. By publication as a Class 3 notice under Chapter 985, Wis. Stats., if, with reasonable diligence, the respondent cannot be served personally. A Class 3 notice requires publication in at least three separate issues of a newspaper. If the respondent's address is known or can be determined, a copy of the summons and petition must be mailed to the respondent at the time of publication. d. In paternity cases, a CSA may take an action described in a through b above, or the CSA may serve by registered or certified mail with return receipt signed by the respondent.
    4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
    Medical Support/ Responsibility for Health Expenses and Birth Costs- DCF 150.05 Medical support. Child Care Costs
    For Additional Information - No Link Provided
    5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
    YES
    6. What circumstances will cause your state to end child support before the normal duration?

    For Additional Information - No Link Provided

    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

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