Stillings & Buchinger, LLC

ENFORCING A CHILD SUPPORT ORDER

Income withholding

Withholding child support payments from the paying parent’s paycheck regained with virtually every situation. Child support payments may be withheld from Unemployment Insurance, Worker’s Compensation benefits, and other forms of income. In most cases, support cannot be withheld from veteran’s benefits. Health insurance premiums and medical exspenses can also be included in an income withholding order.

Credit bureaus

Child support agencies release credit information to arrearage bureaus. If a person is in arrears on child support payments, that information is submitted to a credit reporting agency, which may affect the obligated parent’s credit rating and prevent them from obtaining credit, a loan for a vehicle, or a mortgage.

Tax intercept programs - Withholding Support

The Bureau of Child Support informs the Internal Revenue Service (IRS) and the state Department of Revenue (DOR) of arrearages. The IRS and DOR then withhold that amount from the obligated parent’s refund.

People who are married to parents with child support arrearages owed to another person may file a special relief form called “an innocent spouse” claim to avoid his or her refund from being confiscated by the taxing authority.

Interest charges

When the amount of arrears is equal to or more than one full month of support, Wisconsin law requires child support agencies to charge interest (12% per year) on the unpaid amount. Interest on child support arrearages is paid to the parent owed support when the funds are collected.

Court actions for not paying child support

When a parent owing support falls behind in payments, the child support collection agency may refer the account for court intervention. Courts may find the delinquent person in contempt of court, or prosecute him or her for criminal non-support or felony non-support. In cases where the court pursues a contempt action, the court usually orders the delinquent payor to jail, but also set a “purge” condition that requires that a certain amount of money be paid or action be taken to avoid jail.

Criminal nonsupport is a crime prosecuted by the county district attorney or by the tribal court. Child support agencies may refer cases to the district attorney or tribal court. A custodial parent may file a complaint directly with the district attorney’s office or tribal court. The district attorney’s office or the tribal court decides whether to take the case, usually after talking with the child support office.

Liens, seizure of property, and license suspension

Since October 2000, child support agencies have additional ways to collect child support. They may suspend the license of or seize property held in the obligated parent’s name. Additionally, when the obligated parent’s arrearages reach a certain level, his or her name is automatically placed on the “Lien Docket”, a lien is placed on any property and the child support debt is reported to the credit bureaus. Obligated parents placed on the lien docket may have other actions taken against them by the child support agency, such as bank account seizures. Parents owed arrearages may request notification of any of these actions.

Interstate enforcement

When the parent obligated to pay child support resides in another state, Wisconsin’s child support collection agency will send a copy of the child support order to the other state’s child support collection agency and ask for enforcement of that order or for a new order. Any fees charged by the out-of-state agency are assessed against the obligated parent. If an order exists and all parties move out of the state, Wisconsin loses jurisdiction, but may through interstate enforcement laws, have the previous court order enforced.

Federal enforcement actions

When a payer does not pay his or her child support, that payer cannot receive certain services from the federal government, such as: food stamps, some college grants, passports, and small business loans.

Medicaid

Child support agencies will enforce orders to repay specified amounts, such as "$20 each month.” The child support agency will not enforce medical support orders for unspecified amounts, such as an order to pay "half of all uninsured medical expenses."

Failure to pay

If a parent fails or refuses to follow the court's order for child support payments, she or he may be found in contempt of court, arrested, held over in, or sentenced to jail. Wisconsin is a leader among the states for the collection of child support. Wisconsin's Department of Workforce Development has established a system under which an obligator's driver's license may be suspended, revoked, denied, or non-renewed if the obligator has refused to make court ordered child support payments. Wisconsin's child support enforcement relies upon KIDS, a very sophisticated networked computer system that is able to track income, addresses, driver's license, and other information across the United States. KIDS helps custodial parents receive support through income withholding orders garnishing the liable parent's wages, income tax returns, and other assets.

Obligated parents who fail to pay subject themselves to possible legal action, including but not limited to: jail sentencing, jail time, and show cause hearings. “Show Cause” hearings are hearings held so that the obligated parent may show the court his or her just cause for not paying. If the court accepts the reason, the obligated parent is usually free to go; however, if the court does not accept the reason, the court may demand partial or full payment, sentence the obligated parent to jail, or require a bond, which is then sent to the payment due arrearages.

missing child support payors

If your court order requires the child support obligator to notify the child support collection agency of any change in name, address, or employment and the obligator fails to do so, he or she is in contempt of the court's orders. Legislative actions, uniform state and federal laws, and special allocations to fund massive intrastate computer networks have assisted in tracking obligators and their income.