Chapter DCF 152

DCF 152.11(5)(c) (c) Personal property seizure. Personal property that has been seized under s. 49.854 (6), Stats., shall be held by the department or the sheriff and may not be sold.

DCF 152.11(5)(d) (d) Real property seizure. Real property may not be seized and sold.

DCF 152.11(6) (6) Suspension of administrative enforcement actions.

DCF 152.11(6)(a) (a) When a plan has been negotiated between the payer and the child support agency, or the court has determined that a plan is reasonable or has ordered a plan pursuant to s. 767.77 (1), Stats., the child support agency in the county in which the plan is set shall suspend administrative enforcement actions as long as the payer complies with the plan.

DCF 152.11(6)(b) (b) If a payer makes a full arrearage debt payment, prior to the completion of the administrative enforcement action, the action shall be suspended.

DCF 152.11(7) (7) Proceeding with administrative enforcement actions. If the court determines under sub. (2) (c) that a plan is not reasonable and does not set a plan, or the payer and child support agency are unable to negotiate a plan under sub. (3), the child support agency may continue with the administrative enforcement action.

DCF 152.11(8) (8) Disclosure of income and assets. The request to negotiate a plan shall include an agreement by the payer to provide the child support agency with a full disclosure of income and assets available. The payer shall provide complete income and assets information to the child support agency within 5 business days of the request to negotiate a payment plan.

DCF 152.11(9) (9) Case-by-case basis. A child support agency shall negotiate a plan with a payer only on cases venued in its county.

DCF 152.11(10) (10) Terms of an alternative payment plan.

DCF 152.11(10)(a) (a) An alternative payment plan may include a lump-sum payment, or periodic payments on the arrearage debt, or both, subject to the following standards:

DCF 152.11(10)(a)1. 1. The sum of any periodic payment established under the plan and any other court-ordered payment of support, when subtracted from the payer’s gross income, may not leave the payer below 100% of the poverty line established under 42 USC 9902 (2) unless the payer agrees otherwise.

DCF 152.11(10)(a)2. 2. When establishing an alternative payment plan, the child support agency shall consider the factors used by the court in determining whether the use of the percentage standard is unfair to the child or any of the parties, as specified in s. 46.10 (14), 767.511, or 767.89, Stats.

DCF 152.11(10)(b) (b) In a case in which the conditions in par. (a) 1. cannot be met, the child support agency may negotiate a lump-sum payment with the payer, or may elect to suspend administrative enforcement action.

DCF 152.11(10)(c) (c) Upon agreement by the payer, periodic payments under the plan may be made through income withholding in amounts in addition to the amount ordered under s. 767.75 (1) (b), Stats.

DCF 152.11(11) (11) Default on an alternative payment plan. In the event that the payer defaults on the plan by failure either to make the full lump-sum payment within one month of the date that the payment is due, or to pay an amount equal to the amount due in one month under the plan, the child support agency shall notify the payer in writing that an administrative enforcement action shall be implemented unless the lien is paid in full.

DCF 152.11(12) (12) Renegotiation of an alternative payment plan. After the entry of an alternative payment plan, the plan may be renegotiated upon the written request of the payer or child support agency if the requesting party can show a substantial change in circumstances. A substantial change in circumstances includes any of the following:

DCF 152.11(12)(a) (a) A change in the payer’s income or assets, including the sale or purchase of real or personal property.

DCF 152.11(12)(b) (b) A change in the payer’s earning capacity.

DCF 152.11(12)(c) (c) Any other factor that the child support agency determines is relevant.

DCF 152.11(13) (13) Payers with cases in multiple counties.

DCF 152.11(13)(a) (a) When multiple county child support agencies initiate administrative enforcement actions against the same payer, and the payer negotiates an alternative payment plan with one of the agencies, the plan does not preclude any other child support agency from proceeding with its administrative enforcement action.

DCF 152.11(13)(b) (b) If a child support agency which has a lien against property of a payer negotiates an alternative payment plan with the payer, the agency may receive proceeds from the sale of the payer’s real or personal property under the lien including, but not limited to, proceeds from administrative enforcement actions taken by other child support agencies.

DCF 152.11 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (10) (a) 2. made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (2) (c), (6) (a) and (10) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 152.12 DCF 152.12 Agreements with financial institutions.

DCF 152.12(1) (1) Process for entering into agreements with financial institutions.

DCF 152.12(1)(a) (a) The department or its designee shall enter into agreements with financial institutions to operate a financial record matching program using an automated data exchange to the extent feasible to identify the accounts of delinquent payers. In the agreement, the financial institution shall agree to provide information on the accounts maintained at the institution in a standard format prescribed by the department, and shall indicate all of the following:

DCF 152.12(1)(a)1. 1. The financial institution matching option in s. 49.853 (3), Stats., or the state matching option in s. 49.853 (4), Stats., as the method for participating in the financial record matching program.

DCF 152.12(1)(a)2. 2. The media for transmitting data to the department or receiving data from the department.

DCF 152.12 Note Note: The standard format for record matching will be based on specifications provided by the U.S. department of health and human services.

DCF 152.12(1)(b) (b) The financial institution shall sign the agreement and return the agreement to the department within 20 business days of receipt of the agreement.

DCF 152.12(1)(c) (c) When a financial institution returns to the department an agreement that has met the conditions in par. (a), the department shall sign the agreement and provide the financial institution with a copy of the agreement.

DCF 152.12(1)(d) (d) In order for a financial institution to change the conditions specified in par. (a), it shall contact the department at least 60 days prior to the beginning of the next quarterly record match.

DCF 152.12 Note Note: The department and financial institutions are subject to the confidentiality provisions in s. 49.853 (3) (c) and (4) (c) and (d), Stats.

DCF 152.12(2) (2) Reimbursement for participation in the financial record matching program. In accordance with s. 49.853 (2), Stats., the department shall reimburse a financial institution $125 per quarter for participating in the financial record matching program in accordance with s. 49.853 (3) or (4), Stats., and the terms of the agreement under sub. (1).

DCF 152.12 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; CR 19-070: am. (1) (a) (intro.), (2) Register February 2020 No. 770, eff. 3-1-20.