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.

DCF 152.06(5)(b) (b) A payment to satisfy a lien shall meet the conditions specified in par. (a) and be in an amount equal to the total lien amount on the child support lien docket plus the monthly amount due.

DCF 152.06(5)(c) (c) The child support agency shall distribute any support payment made in accordance with s. 767.511 (6) or 767.531, Stats.

DCF 152.06 Note Note: Under ss. 767.511 (6) and 767.531, Stats., a support payment received is to be applied first to the monthly amount due.

DCF 152.06(5)(e) (e) The department or child support agency shall record the satisfaction of a lien on the child support lien docket.

DCF 152.06(6) (6) Filing date. The filing date on the lien docket is the date that a lien is first docketed and delivered to the register of deeds. The filing date is the effective date of the lien. The effective date does not change if the lien amount is adjusted up or down within 5 years after the date that the lien is first docketed.

DCF 152.06(7) (7) Lien priority. The child support lien shall have priority over all other liens on property except tax and special assessment liens, purchase money mortgages, construction liens, environmental liens, liens that are filed or recorded before the child support lien becomes effective, and any other lien given priority under the law.

DCF 152.06(8) (8) Renewing a lien.

DCF 152.06(8)(a) (a) At the end of the 5 year effective period of a lien, the department or a child support agency may renew the lien if the lien-eligible amount equals or exceeds the lien threshold. When a lien is renewed, the date on which the lien is renewed shall become the effective date of the lien, and a new five-year period shall commence.

DCF 152.06 Note Note: Under s. 49.854 (12) (a), Stats., a child support lien is effective for a period of five years from the effective date.

DCF 152.06(8)(b) (b) When a lien is renewed, the department or the child support agency shall send the payer a notice that the lien has been renewed.

DCF 152.06 Note Note: Upon receiving notice, the payer has the opportunity to request a financial records review and a court review under s. 49.854 (3) (ag), Stats., or a direct appeal for a court review under s. 49.854 (3) (ar), Stats.

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 History History: 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 152.07 DCF 152.07 Financial 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 Note Note: The procedure for a financial records and court order review is specified in s. 49.854(3)(ag), Stats.