Chapter DCF 152

DCF 152.08(6)(b) (b) When seizing property, the department or child support agency shall proceed based on the presumption under sub. (1) (c), (2) (b), (3) (b), or (4) (c) unless an individual other than a payer with a recorded ownership interest in the property requests a hearing under s. 49.854 (7m), Stats., within 20 business days of the date of notice that seizure has been initiated under s. 49.854 (5), (6), or (7), or 49.856, Stats.

DCF 152.08 Note Note: According to s. 49.854 (7m), Stats., if the court determines that a portion of the property is attributable to the contributions of an individual other than the payer with an ownership interest in the property, the court shall direct the department or child support agency to pay the individual, from the net balance of the account or the net proceeds of the sale of the real or personal property, the proportion of the gross value of the account or real or personal property that is attributable to that person’s interest.

DCF 152.08 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (4) (a) made under s. 13.92 (4) (b), Stats., Register November 2008 No. 635.

DCF 152.09 DCF 152.09 Notice to the payee of enforcement proceedings.

DCF 152.09(1) (1) If the child support agency is aware that a payer is subject to a protective order with respect to a payee or child in his or her case, the child support agency has reason to believe that a payee or child in a payer’s case may be harmed physically or emotionally by the payer or the payee made a written request to be notified of all administrative enforcement actions, the department or the child support agency shall provide written notice to the payee when an administrative enforcement action has been initiated against the payer. The notice to the payee shall be sent at the same time notice is sent to the payer in accordance with s. 49.852 (2), 49.854 (5) (b), (6) (a), or (7) (a), 49.856 (2), or 49.857 (3) (a), Stats.

DCF 152.09(2) (2) The department or child support agency shall provide a notice of hearing to the payee when the payer requests a hearing under s. 49.852 (2) (b), 49.854 (3) (ag) 2. or (ar), (5) (d) 6., (6) (b) 3. or (7) (b) 1. c., 49.856 (3) (b), or 49.857 (3) (a) 5. or (am) 5., Stats., and the hearing has been scheduled.

DCF 152.09 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99.

DCF 152.10 DCF 152.10 Thresholds for administrative enforcement actions.

DCF 152.10(1) (1) License suspension. The department or child support agency may initiate license suspension under s. 49.857, Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 300% of the monthly amount due in the court order.

DCF 152.10(2) (2) Account seizure. The department or child support agency may initiate an account seizure under s. 49.854 (5), Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 300% of the monthly amount due in the court order or $1,000, whichever is greater.

DCF 152.10(3) (3) Real and personal property seizure. The department or child support agency may initiate personal property seizure under s. 49.854 (6), Stats., or real property seizure under s. 49.854 (7), Stats., if there is a lien against a payer, and the lien amount in the payer’s case equals or exceeds 600% of the monthly amount due in the court order.

DCF 152.10(4) (4) Intercept of lump-sum pension payments, judgments, and settlements. The department or child support agency may initiate the intercept of lump-sum pension payments under s. 49.852, Stats., or the intercept of judgments and settlements under s. 49.856, Stats., when a payer has been placed on the child support lien docket.

DCF 152.10 History History: Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 19-070: r. (5) Register February 2020 No. 770, eff. 3-1-20.

DCF 152.11 DCF 152.11 Alternative payment plans.

DCF 152.11(1) (1) Applicability of alternative payment plans. When the department or a child support agency enforces a lien through seizure of real property or personal property, seizure of financial accounts, or denial, nonrenewal, restriction, or suspension of licenses, the payer may negotiate an alternative payment plan with the child support agency.

DCF 152.11(2) (2) Negotiation of an alternative payment plan after receiving notice of an administrative enforcement action.

DCF 152.11(2)(a) (a) The notices issued under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats., shall inform the payer of the opportunity to negotiate an alternative payment plan, and shall notify the payer of the circumstances under which the payer may request a court hearing under s. 49.854 (5) (f), (6) (c), or (7) (c), or 49.857 (3) (ac) or (ar), Stats.

DCF 152.11 Note Note: Under ss. 49.854 (5) (d), (6) (b), and (7) (b), and 49.857 (3) (a) and (am), Stats. notices must inform the payer of his or her opportunity to request a hearing within 20 business days after the date of the notice.

DCF 152.11(2)(b) (b) A payer may submit a written request to the child support agency to negotiate an alternative payment plan within 10 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats. The payer may submit a written request for a court hearing on the reasonableness of the plan within 20 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats.

DCF 152.11(2)(c) (c) If the child support agency and the payer are unable to reach agreement on the terms of a plan, and the payer requested a court hearing within 20 business days after the date of notice under s. 49.854 (5) (d), (6) (a), or (7) (a), or 49.857 (3) (a) or (am), Stats., a hearing shall be conducted. If the court determines that the plan is not reasonable, it may order a plan by setting payments pursuant to s. 767.77 (1), Stats., in the amounts and at the times it considers expedient.

DCF 152.11(3) (3) Negotiation of an alternative payment plan after court determination of mistake of fact. If a court determines that a payer owes arrears as a result of a review of alleged mistake of fact under s. 49.854 (5) (f), (6) (c), or (7) (c), or 49.857 (3) (ac) or (ar), Stats., and the payer did not attempt to negotiate a plan prior to the court review, the payer may, within 10 business days of the court determination, submit a written request to the child support agency to negotiate a plan.

DCF 152.11(4) (4) Negotiation of an alternative payment plan after the restriction, limitation, suspension or refusal of a license. Pursuant to s. 49.857 (3) (d) 1., Stats., a payer may negotiate a plan with the department or child support agency to have a license issued or renewed after it has been restricted, limited, suspended or refused.

DCF 152.11(5) (5) Staying administrative enforcement actions. Administrative enforcement actions shall be stayed by the child support agency that initiated an action while the payer and the agency are negotiating a plan, or, if a court review of the reasonableness of the plan is requested, until the court determination has been made. To stay an administrative enforcement action means the following:

DCF 152.11(5)(a) (a) License suspension and denial. The payer may not be certified to state licensing agencies or authorities for denial, nonrenewal, restriction, or suspension of professional, occupational, recreational, or driver licenses.

DCF 152.11(5)(b) (b) Account seizure. Any financial accounts frozen under s. 49.854 (5) (b), Stats., shall remain frozen and may not be seized.

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.