Chapter DCF 1

DCF 1.05 Note Note: The use of the term “individual” in the monthly billing and the ability to pay provisions means that they do not apply to liable entities, such as surety companies and child-placing agencies.

DCF 1.05(8) (8) Noncompliance. A county department or the department shall issue monthly billing statements for a liable individual’s total outstanding liability if any of the following conditions are met:

DCF 1.05(8)(a) (a) The individual is informed of the right to maximum monthly payment amounts based on the individual’s ability to pay and knowingly refuses to complete a financial responsibility form or to provide verifying documentation under sub. (2) (b) 1.

DCF 1.05(8)(b) (b) The individual intentionally misrepresents any information provided in the financial responsibility form under sub. (2) (b) 1.

DCF 1.05 Note Note: The county department or the department may also refuse to grant a waiver under s. DCF 1.04 (3).

DCF 1.05(9) (9) Other requirements. Each county department and the department shall do all of the following:

DCF 1.05(9)(a) (a) Maintain documentation of compliance with this section. A county department shall provide the documentation to the department upon request.

DCF 1.05(9)(b) (b) Establish a written procedure to periodically review accounts for accuracy and compliance with this chapter and follow the procedure established.

DCF 1.05(9)(c) (c) Provide a written grievance procedure for disputes relating to liability, billing, and collections.

DCF 1.05 History History: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

DCF 1.06 DCF 1.06 Collections.

DCF 1.06(1) (1) Nonpursuit. A county department or the department may not engage in efforts to collect from a liable individual whose maximum monthly payment amount is $0.

DCF 1.06(2) (2) Delinquent account.

DCF 1.06(2)(a) (a) A county department or the department may consider an account to be delinquent if all of the following have occurred:

DCF 1.06(2)(a)1. 1. The monthly payment due has not been received for 90 consecutive days.

DCF 1.06(2)(a)2. 2. Notices stating that the monthly payment amount has not been received were sent to all liable persons after 30 days, 60 days, and 90 days of noncompliance.

DCF 1.06(2)(b) (b) The county department or the department shall maintain documentation of notices sent under par. (a) 2.

DCF 1.06(3) (3) Tax intercept. A county department or the department may certify a fee debt for setoff by the department of revenue under s. 71.93 or 71.935, Stats., if the liable person has been provided with reasonable notice and an opportunity to be heard with regard to the debt.

DCF 1.06(4) (4) Collection agencies. A county department or the department may establish an agreement with a collection agency in compliance with s. 218.04, Stats., to collect a fee debt. The county department or the department shall monitor accounts sent to the collection agency.

DCF 1.06(5) (5) Statute of limitations.

DCF 1.06(5)(a) (a) A county department or the department may collect a fee debt within the following timeframes:

DCF 1.06(5)(a)1. 1. Within 10 years after the cause of action accrues as provided under s. 893.87, Stats.

DCF 1.06(5)(a)2. 2. Within 20 years after a judgment is entered as provided under s. 893.40, Stats.

DCF 1.06(5)(b) (b) For purposes of par. (a) 1., the cause of action accrues in the month that the service is provided.

DCF 1.06 Note Note: Under s. DCF 1.04 (3) (b), a county department or the department may waive liability for all or part of fee debt for a reason specified in s. DCF 1.04 (3) (a) at any time.

DCF 1.06 History History: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.

DCF 1.07 DCF 1.07 Child support determined in children’s or juvenile court.

DCF 1.07(1) (1) Definition. In this section, “child” means any of the following:

DCF 1.07(1)(a) (a) An individual who is under 18 years of age.

DCF 1.07(1)(b) (b) An individual who is 18 years of age or over but under 19 years of age and is a full−time student at a secondary school or its vocational or technical equivalent.

DCF 1.07(2) (2) Determination of child support amount. The amount of a parent’s child support obligation under s. 49.345 (14) (b) or (c), Stats., for a child placed in a residential, nonmedical facility or a juvenile detention facility by a court order shall be determined under ch. DCF 150, subject to the following:

DCF 1.07(2)(a) (a) Proportionate share. The court may determine the amount of a parent’s child support obligation for a child placed in a residential, nonmedical facility or juvenile detention facility by a court order in the following manner:

DCF 1.07(2)(a)1. 1. Count the child placed in a residential, nonmedical facility or juvenile detention facility; any full siblings who are also placed in a residential, nonmedical facility or juvenile detention facility; and full siblings who remain in the home as a single group of children who constitute one child support obligation.

DCF 1.07(2)(a)2. 2. Use the percentages in ch. DCF 150 to determine the child support obligation for the sibling group and then determine the proportionate share for the child who is placed in a residential, nonmedical facility or juvenile detention facility, in conjunction with other applicable provisions in ch. DCF 150.

DCF 1.07(2)(b) (b) Adoption assistance. If an adoption assistance agreement under s. 48.975 (4), Stats., is in effect for the child, the parent’s child support amount is as follows:

DCF 1.07(2)(b)1. 1. An amount that does not exceed the amount of any adoption assistance maintenance payments the parent is receiving under s. 48.975 (3) (a), Stats.

DCF 1.07(2)(b)2. 2. Zero dollars if the adoption assistance agreement provides for maintenance payments of $0 under s. 48.975 (3) (a) 3., Stats.

DCF 1.07(3) (3) Court deviation. Upon request by a parent, the court may deviate from the child support amount determined under sub. (2) if, after considering the factors specified in s. 49.345 (14) (c), the court finds by the greater weight of the credible evidence that the amount is unfair to the child or to either of the parents.

DCF 1.07(4) (4) Assignment and collection.

DCF 1.07(4)(a) (a) An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2), Stats., for child support under s. 49.345 (14) (b) or (c), Stats., constitutes an assignment of all of the following to the county department in the county where the order was entered or to the department:

DCF 1.07(4)(a)1. 1. Salaries, wages, earnings, and commissions.

DCF 1.07(4)(a)2. 2. Worker’s compensation benefits under ch. 102, Stats.

DCF 1.07(4)(a)3. 3. Unemployment insurance benefits under ch. 108, Stats.

DCF 1.07(4)(a)4. 4. Pension benefits.

DCF 1.07(4)(a)5. 5. Income continuation insurance benefits under s. 40.62, Stats.

DCF 1.07(4)(a)6. 6. Duty disability benefits under s. 40.65, Stats.

DCF 1.07(4)(a)7. 7. Any other money due or to be due to the parent in the future.

DCF 1.07(4)(b) (b) Except as provided in par. (c), for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person’s necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.

DCF 1.07(4)(c) (c) Unemployment insurance payments under ch. 108, Stats., may be assigned and withheld only as provided in s. 108.13 (4), Stats. When money is to be withheld from these payments, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

DCF 1.07(4)(d) (d) No employer may use an assignment as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. Any violation is subject to penalties specified in s. 49.345 (14) (e) 4., Stats.

DCF 1.07 History History: CR 24-006: cr. Register December 2024 No. 828, eff. 1-1-25.