Chapter DCF 152

Chapter DCF 152

CHILD SUPPORT ADMINISTRATIVE ENFORCEMENT

DCF 152.01   Authority and purpose.

DCF 152.02   Applicability.

DCF 152.03   Definitions.

DCF 152.04   Written notice of enforcement actions.

DCF 152.05   Administrative forfeitures for noncompliance with administrative subpoenas and requests for information.

DCF 152.06   Liens.

DCF 152.07   Financial record review.

DCF 152.08   Seizure of property.

DCF 152.09   Notice to the payee of enforcement proceedings.

DCF 152.10   Thresholds for administrative enforcement actions.

DCF 152.11   Alternative payment plans.

DCF 152.12   Agreements with financial institutions.

Ch. DCF 152 Note Note: Chapter DWD 43 was created as emergency rule effective October 1, 1998. Chapter DWD 43 was renumbered to chapter DCF 152 under s. 13.92 (4) (b) 1., Stats., Register November 2008 No. 635.

DCF 152.01 DCF 152.01 Authority and purpose. This chapter is promulgated under the authority of ss. 49.22 (2m) (d), 49.853 (1) (dm) and (2), 49.854 (17), 49.858 (2), and 767.70 (2), Stats., for the purpose of administering the child support program under s. 49.22, Stats.

DCF 152.01 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 152.02 DCF 152.02 Applicability. This chapter applies to the department and county child support agencies under s. 59.53 (5), Stats., individuals participating in the child support program under s. 49.22, Stats., financial institutions doing business in the state, and persons subject to administrative subpoenas issued in accordance with s. 49.22 (2m) (b), Stats., or requests for information issued in accordance with s. 49.22 (2m) (a), Stats.

DCF 152.02 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

DCF 152.03 DCF 152.03 Definitions. In this chapter:

DCF 152.03(1) (1) “Account” has the meaning given in s. 49.853 (1) (a), Stats.

DCF 152.03(2) (2) “Administrative enforcement” means the department or a child support agency does any of the following:

DCF 152.03(2)(a) (a) Puts child support liens into effect by placing them on the child support lien docket and electronically delivers the docket to the county registers of deeds.

DCF 152.03(2)(b) (b) Receives proceeds from the sale of property when there is a child support lien against the property, and either the payer has transferred the property or the property has been seized and sold by an entity other than the department or a child support agency.

DCF 152.03(2)(c) (c) Takes any administrative enforcement action.

DCF 152.03(3) (3) “Administrative enforcement action” means any of the following actions taken by the department or child support agency to enforce a lien:

DCF 152.03(3)(a) (a) The intercept of lump-sum pension payments in accordance with s. 49.852, Stats.

DCF 152.03(3)(b) (b) The seizure of accounts at financial institutions in accordance with s. 49.854 (5), Stats.

DCF 152.03(3)(c) (c) The seizure of personal property in accordance with s. 49.854 (6), Stats.

DCF 152.03(3)(d) (d) The seizure of real property in accordance with s. 49.854 (7), Stats.

DCF 152.03(3)(e) (e) The intercept of judgments and settlements in accordance with s. 49.856, Stats.

DCF 152.03(3)(f) (f) The denial, nonrenewal, restriction, or suspension of professional, occupational, recreational, or driver licenses for failure to pay support in accordance with s. 49.857, Stats.

DCF 152.03(4) (4) “Alternative payment plan” or “plan” means a negotiated agreement between a child support agency and a payer, or an order set by the court, which establishes terms for the payment of the arrearage debt.

DCF 152.03(5) (5) “Arrearage debt” means the sum of child support arrears, maintenance arrears, family support arrears, missed payments on past support, missed payments on lying-in costs, missed payments on other medical support, and interest on arrears or on missed payments.

DCF 152.03(6) (6) “Child support agency” or “agency” means the county child support agency under s. 59.53 (5), Stats.

DCF 152.03(7) (7) “Child support lien” or “lien” means an administrative lien that arises by operation of law under s. 49.854 (2), Stats., against the real and personal property in which the payer has a recorded ownership interest at the time of levy. A lien does not attach to the property title of a beneficial interest in a trust, member interest in a limited liability company, partner interest in a partnership, or shareholder interest in a corporation.

DCF 152.03 Note Note: According to s. 49.854 (2)(a), Stats., a child support lien is not effective against a good-faith purchaser of titled personal property unless the lien is recorded on the title.

DCF 152.03(8) (8) “Court order” means an order for child or family support, maintenance, medical expenses, or birth expenses issued by a court.

DCF 152.03(9) (9) “Department” means the Wisconsin department of children and families.

DCF 152.03(10) (10) “Equity” means the fair market value of the property minus the liens on that property with priority over the child support lien.

DCF 152.03(11) (11) “Failure to comply with an administrative subpoena or a request for information” means that the subpoena respondent did not provide the requested information within seven days after receiving the administrative subpoena or request for information, or that the subpoena respondent provided false or incomplete information.

DCF 152.03(12) (12) “Financial institution” or “institution” has the meaning given in s. 49.853 (1) (c), Stats.

DCF 152.03(13) (13) “Financial record review” means a financial records and court order review under s. 49.854 (3) (ag), Stats.

DCF 152.03(14) (14) “Gross income” has the meaning given in s. DCF 150.02 (13).

DCF 152.03(15) (15) “Lien-eligible amount” means the difference between the monthly charge and the arrearage debt in a case.

DCF 152.03(16) (16) “Monthly amount due” means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, due in one month in a case including periodic payments on arrearage debts.

DCF 152.03(17) (17) “Monthly charge” means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, on child support, family support, maintenance, lying-in costs, past support, and other medical support due in one month in a case. The monthly charge does not include court-ordered provisions for periodic payments on arrearage debts.

DCF 152.03(18) (18) “Ownership interest” means any personal financial interest.

DCF 152.03(19) (19) “Payee” has the meaning given in s. DCF 150.02 (22).

DCF 152.03(20) (20) “Payer” has the meaning given in s. DCF 150.02 (23).

DCF 152.03(21) (21) “Property” has the meaning given in s. 49.854 (1) (e), Stats.

DCF 152.03(22) (22) “Protective order” means a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, or 813.127, Stats.

DCF 152.03(24) (24) “Subpoena respondent” means the person from whom information is requested in an administrative subpoena or request for information.

DCF 152.03 Note Note: “Person” has the meaning given in s. 990.01 (26), Stats.

DCF 152.03(25) (25) “Threshold” means an amount, expressed as either a percentage of the monthly amount due, a fixed dollar amount, or both, that the lien-eligible amount or lien amount must equal or exceed before administrative enforcement may be used to enforce a court order.

DCF 152.03 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; corrections in (9), (14), (19) and (20) made under s. 13.92 (4) (b) 6. and 7., Stats., Register November 2008 No. 635; CR 19-070: am. (5), r. (23) Register February 2020 No. 770, eff. 3-1-20; correction in (5) made under s. 35.17, Stats., Register February 2020 No. 770.

DCF 152.04 DCF 152.04 Written notice of enforcement actions.

DCF 152.04(1) (1) Application. This section applies to notices issued to the payer by the department under ss. 49.852 (2), 49.854 (3) (a) and (ag) 1., (5) (d), (6) (a), (d), and (e), or (7) (a), (d), and (e), 49.856 (3), and 49.857 (3) (a) and (am), Stats.

DCF 152.04(2) (2) Use of mail. The department or child support agency may send notices related to the administrative enforcement of a child support order by regular mail to the last-known mailing address provided by the payer under s. 767.58 (2), Stats. If the last-known mailing address for a payer is unverified, or a written notice sent to a payer at his or her last-known verified mailing address is returned, the department or child support agency shall contact the postmaster of the zip code of the address. If the postmaster verifies the unverified mailing address or provides a new verified address, the department or county child support agency shall send written notice to the mailing address provided by the postmaster. If the postmaster is unable to verify the last-known mailing address, or to provide a new verified address, the department or child support agency shall send notice to payer using the current employer mailing address provided by the payer under s. 767.58 (2), Stats. If the notice to the payer mailed to the payer’s employer is returned, or the payer has not provided a current employer mailing address, the department or child support agency shall use diligent effort to obtain a mailing address for the payer.

DCF 152.04 Note Note: Under s. 767.58 (2), Stats., each party to a child support order is required to provide the child support agency with his or her residential and mailing address and the address and telephone number of his or her employer. A party shall advise the child support agency of any change in such information within 10 business days after the change.

DCF 152.04(3) (3) Diligent effort. Diligent effort includes the following:

DCF 152.04(3)(a) (a) For each of the following administrative enforcement actions, the department or county child support agency shall obtain and use:

DCF 152.04(3)(a)1. 1. License suspension and denial. For license suspension and denial under s. 49.857, Stats., the payer’s mailing address of record at a state licensing agency or authority to provide notice under ss. 49.857 (3) (a) and (am), Stats., if the address is verified.

DCF 152.04(3)(a)2. 2. Account seizure. For account seizure under s. 49.854 (5), Stats., the payer’s mailing address of record at a financial institution to provide notice under s. 49.854 (5) (d), Stats., if the address is verified.

DCF 152.04(3)(a)3. 3. Personal property seizure. For personal property seizure under s. 49.854 (6), Stats., the payer’s mailing address of record at a state agency that titles personal property to provide notice under ss. 49.854 (6) (a), (d), and (e), Stats., if the address is verified.

DCF 152.04(3)(a)4. 4. Real property seizure. For real property seizure under s. 49.854 (7), Stats., the payer’s mailing address of record on the tax bill for the property subject to seizure to provide notice under ss. 49.854 (7) (a), (d), and (e), Stats., if the address is verified.

DCF 152.04(3)(a)5. 5. Pension intercept. For pension intercept under s. 49.852, Stats., the payer’s mailing address of record at the entity administering a pension plan to provide notice under s. 49.852 (2), Stats., if the address is verified.

DCF 152.04(3)(a)6. 6. Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., the payer’s mailing address of record provided by the person ordered to pay the judgment or settlement to send notice under s. 49.856 (3), Stats., if the address is verified.

DCF 152.04(3)(b) (b) If a verified mailing address cannot be identified under par. (a), the department or child support agency shall use all appropriate automated federal, state, and local locate resources and interfaces to ascertain a payer’s current mailing address. If locate resources have been used for a period of 60 days and a verified mailing address has not been identified, the department or child support agency may proceed with the administrative enforcement action.

DCF 152.04 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.

DCF 152.05 DCF 152.05 Administrative forfeitures for noncompliance with administrative subpoenas and requests for information.

DCF 152.05(1) (1) Maximum administrative forfeitures. The department or a child support agency may require a subpoena respondent who fails to comply with an administrative subpoena issued in accordance with s. 49.22 (2m) (b), Stats., or a request for information made under s. 49.22 (2m) (a), Stats., to pay an administrative forfeiture of $25. If the failure to comply with an administrative subpoena or request for information is the result of intentional conduct by the subpoena respondent to hide information, falsify information, or provide incomplete information, the department or child support agency may require the subpoena respondent to pay an administrative forfeiture of $500.

DCF 152.05 Note Note: Subpoena respondents may use the procedure in s. 805.07 (3), Stats., to attempt to quash an administrative subpoena.

DCF 152.05 Note Note: The department or child support agency will collect a forfeiture in accordance with s. 778.01, Stats.

DCF 152.05(2) (2) When imposed. The department or a child support agency shall determine when it is appropriate to impose an administrative forfeiture for failure to comply with a request for information or an administrative subpoena. In accordance with s. 49.22 (2m) (a), Stats., a subpoena respondent who fails to comply with a request for information or an administrative subpoena may not be subject to administrative forfeiture if access to the requested information is prohibited or restricted by law, or if the subpoena respondent has good cause for refusing to cooperate with the request.

DCF 152.05 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

DCF 152.06 DCF 152.06 Liens.

DCF 152.06(1) (1) Lien docket.

DCF 152.06(1)(a) (a) The department shall maintain a statewide support lien docket in accordance with s. 49.854 (2) (b) and (c), Stats. The department shall be responsible for periodically updating the lien docket and providing a copy of the lien docket to the register of deeds and the child support agency in each county.

DCF 152.06(1)(b) (b) The department or the child support agency shall be responsible for responding to inquiries concerning information recorded on the lien docket. The county register of deeds may refer any person who has an inquiry about the lien docket to the department or the child support agency.

DCF 152.06(2) (2) When entered. The department shall place a payer on the lien docket when the lien-eligible amount in one or more of the payer’s cases equals or exceeds the lien threshold. If an individual is a payer in more than one case, each case will be evaluated separately to determine whether the lien threshold has been met, and to determine the lien amount.

DCF 152.06(3) (3) Determining whether the lien threshold has been met or exceeded. The department shall place a payer on the lien docket if the lien-eligible amount in a case equals or exceeds the monthly amount due or $500, whichever is greater.

DCF 152.06(4) (4) Lien amount. The lien amount on the lien docket shall equal the sum of lien-eligible amounts from the cases in which the lien-eligible amount meets or exceeds the lien threshold. The lien amount may include court-ordered liens made pursuant to s. 767.77, Stats.

DCF 152.06(5) (5) Payment of lien.

DCF 152.06(5)(a) (a) Any payment toward the lien amount shall indicate that the payment is a lien payment, and specify the case or cases from which the lien arose.