DCF 152.06(9)(9)Lien procedures. The department shall develop procedures for releasing a lien and releasing specific property from a lien.
DCF 152.06 HistoryHistory: Cr. Register, July, 1999, No. 523, eff. 8-1-99; corrections in (5) (c) made under s. 13.93 (2m) (b) 7., Stats., Register January 2003 No. 565; corrections in (4), (5) (c) and (d) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 19-070: am. (5) (b), (c), r. (5) (d) Register February 2020 No. 770, eff. 3-1-20.
DCF 152.07DCF 152.07Financial record review.
DCF 152.07(1)(1)In accordance with s. 49.854 (3) (ag), Stats., a payer may request a financial record review within 10 business days of the date of the notice of lien. The request shall be made in writing to the child support agency. The purpose of the financial record review is to determine the correctness of the financial records in a case. The financial record review shall cover only the period of time after the last judicial review or other account review.
DCF 152.07 NoteNote: The procedure for a financial records and court order review is specified in s. 49.854(3)(ag), Stats.
DCF 152.07(2)(2)Upon receiving a request for a financial record review, the child support agency shall provide the payer with the relevant financial records and any other financial records requested in writing by the payer. Financial records include the account history report and any county child support account records from the period prior to the implementation of the statewide automated child support enforcement system. The child support agency shall also provide the payer with information explaining how to interpret the records and a form the payer may use to identify any alleged errors in the records.
DCF 152.07 NoteNote: Under s. 49.854 (3) (ag), Stats., the department shall conduct the financial records and court order review at no charge to the payer.
DCF 152.07 NoteNote: The account history report is a document generated by the statewide automated child support enforcement system. The report includes a payment history which lists the date payments were received, the source of payments (except tax intercepts), the amount of payments, the debt to which the payment was applied, and any adjustments made to the payment. The report also includes the court order obligations in a case as well as a list of debts owed in a case and the current balance of each debt.
DCF 152.07(3)(3)Within 20 days after receiving the relevant financial records, the payer may request a meeting with the child support agency to review the financial records and to discuss any alleged errors. If the payer requests a meeting, the payer shall use the form provided by the child support agency in sub. (2). After reviewing the financial records and any alleged error, the child support agency shall issue a determination as to whether the lien against the payer is in the correct amount.
DCF 152.07(4)(4)If the payer provides a statement of alleged error on the document provided by the department or child support agency in sub. (2) within 20 days after receiving the financial records and does not request a meeting with the child support agency, the child support agency shall review the records to determine whether the alleged error is correct and provide a written determination as to whether the lien against the payer is in the correct amount.
DCF 152.07(5)(5)The child support agency shall provide the written determination in subs. (3) and (4) within 60 days after the date the payer’s request for a financial record review is received under sub. (2).
DCF 152.07 HistoryHistory: Cr. Register, July, 1999, No. 523, eff. 8-1-99.
DCF 152.08DCF 152.08Seizure of property.
DCF 152.08(1)(1)Freezing financial accounts.
DCF 152.08(1)(a)(a) The department or a child support agency may not issue a notice of levy under s. 49.854 (5) (b), Stats., unless the sum of the funds in all of the payer’s financial accounts, minus the $5 levy fee under s. 49.854 (11) (a), Stats., and any early withdrawal penalty under s. 49.854 (5) (e), Stats., exceeds $500.
DCF 152.08(1)(b)(b) The notice of levy under s. 49.854 (5) (b), Stats., shall instruct the financial institution of the following:
DCF 152.08(1)(b)1.1. The maximum amount frozen in an account at the time the notice of levy is received may not exceed the amount specified by the department or child support agency in the notice.
DCF 152.08(1)(b)2.2. The maximum amount frozen in an account at the time the levy notice is received may not exceed the payer’s ownership interest.
DCF 152.08 NoteNote: According to s. 224.40 (3) (c), Stats., a financial institution is not liable for encumbering or surrendering any assets held by the financial institution in response to instructions from the department or a county child support agency for the purpose of enforcing a child support order.
DCF 152.08(1)(c)(c) The department, child support agency, and financial institution shall presume that a payer’s ownership interest in an account is an equal pro-rata share of the account based on the number of individuals with a recorded ownership interest in the account.
DCF 152.08(2)(2)Seizure of personal property other than financial accounts.
DCF 152.08(2)(a)(a) The department or a child support agency may not seize personal property under s. 49.854 (6), Stats., unless the payer’s equity in the property, minus expected levy fees, exceeds $500 per item total.
DCF 152.08(2)(b)(b) The department and child support agency shall presume that a payer’s equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.
DCF 152.08(3)(3)Seizure of real property.
DCF 152.08(3)(a)(a) The department or child support agency may not seize real property under s. 49.854 (7), Stats., unless both of the following conditions are met:
DCF 152.08(3)(a)1.1. The payer’s equity in the property, minus expected levy fees, exceeds 10% of the property’s fair market value.
DCF 152.08(3)(a)2.2. The lien exceeds $5,000.
DCF 152.08(3)(b)(b) The department or child support agency shall presume that a payer’s equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.
DCF 152.08(4)(4)Intercept of lump-sum pension payments, judgments and settlements.