DCF 152.08(5)(b)(b) Personal property seizure. For personal property seizure under s. 49.854 (6), Stats., notice shall be sent to the mailing address of record at a state agency that titles personal property.

DCF 152.08(5)(c)(c) Real property seizure. For real property seizure under s. 49.854 (7), Stats., notice shall be sent to the mailing address of record on the tax bill for the property subject to seizure.

DCF 152.08(5)(d)(d) Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., notice shall be sent using the mailing address or addresses of record provided by the person ordered to pay the judgment or settlement.

DCF 152.08 NoteNote: Pursuant to s. 49.854 (5) (d), (6) (a) and (e), and (7) (a) and (e), Stats., the department or child support agency is required to provide a notice to any individual with a recorded ownership interest in a property subject to seizure. Individuals other than the payer who have a recorded ownership interest in the property subject to seizure have 20 business days after the date of the notice to request a hearing to protect the portion of the property that is attributable to their net contributions to the property.

DCF 152.08(6)(6) Presumption of payer’s ownership interest.

DCF 152.08(6)(a)(a) If an individual other than the payer has a recorded ownership interest in property subject to seizure under s. 49.852, 49.854 (5), (6), or (7), or 49.856, Stats., the individual may request a hearing under s. 49.854 (7m), Stats., for a determination of the proportion of the value of the property that is attributable to his or her net contribution to the property in any county that initiated property seizure.

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 NoteNote: 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 HistoryHistory: 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(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 152.10(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 HistoryHistory: 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(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 NoteNote: 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: