Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 152 - Child Support Administrative Enforcement
Section DCF 152.03 - Definitions

Universal Citation: WI Admin Code ยง DCF 152.03

Current through August 26, 2024

In this chapter:

(1) "Account" has the meaning given in s. 49.853(1) (a), Stats.

(2) "Administrative enforcement" means the department or a child support agency does any of the following:

(a) Puts child support liens into effect by placing them on the child support lien docket and electronically delivers the docket to the county registers of deeds.

(b) Receives proceeds from the sale of property when there is a child support lien against the property, and either the payer has transferred the property or the property has been seized and sold by an entity other than the department or a child support agency.

(c) Takes any administrative enforcement action.

(3) "Administrative enforcement action" means any of the following actions taken by the department or child support agency to enforce a lien:

(a) The intercept of lump-sum pension payments in accordance with s. 49.852, Stats.

(b) The seizure of accounts at financial institutions in accordance with s. 49.854(5), Stats.

(c) The seizure of personal property in accordance with s. 49.854(6), Stats.

(d) The seizure of real property in accordance with s. 49.854(7), Stats.

(e) The intercept of judgments and settlements in accordance with s. 49.856, Stats.

(f) The denial, nonrenewal, restriction, or suspension of professional, occupational, recreational, or driver licenses for failure to pay support in accordance with s. 49.857, Stats.

(4) "Alternative payment plan" or "plan" means a negotiated agreement between a child support agency and a payer, or an order set by the court, which establishes terms for the payment of the arrearage debt.

(5) "Arrearage debt" means the sum of child support arrears, maintenance arrears, family support arrears, missed payments on past support, missed payments on lying-in costs, missed payments on other medical support, and interest on arrears or on missed payments.

(6) "Child support agency" or "agency" means the county child support agency under s. 59.53(5), Stats.

(7) "Child support lien" or "lien" means an administrative lien that arises by operation of law under s. 49.854(2), Stats., against the real and personal property in which the payer has a recorded ownership interest at the time of levy. A lien does not attach to the property title of a beneficial interest in a trust, member interest in a limited liability company, partner interest in a partnership, or shareholder interest in a corporation.

Note: According to s. 49.854(2)(a), Stats., a child support lien is not effective against a good-faith purchaser of titled personal property unless the lien is recorded on the title.

(8) "Court order" means an order for child or family support, maintenance, medical expenses, or birth expenses issued by a court.

(9) "Department" means the Wisconsin department of children and families.

(10) "Equity" means the fair market value of the property minus the liens on that property with priority over the child support lien.

(11) "Failure to comply with an administrative subpoena or a request for information" means that the subpoena respondent did not provide the requested information within seven days after receiving the administrative subpoena or request for information, or that the subpoena respondent provided false or incomplete information.

(12) "Financial institution" or "institution" has the meaning given in s. 49.853(1) (c), Stats.

(13) "Financial record review" means a financial records and court order review under s. 49.854(3) (ag), Stats.

(14) "Gross income" has the meaning given in s. DCF 150.02(13).

(15) "Lien-eligible amount" means the difference between the monthly charge and the arrearage debt in a case.

(16) "Monthly amount due" means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, due in one month in a case including periodic payments on arrearage debts.

(17) "Monthly charge" means the sum of court-ordered provisions for periodic payments, expressed as a fixed amount, on child support, family support, maintenance, lying-in costs, past support, and other medical support due in one month in a case. The monthly charge does not include court-ordered provisions for periodic payments on arrearage debts.

(18) "Ownership interest" means any personal financial interest.

(19) "Payee" has the meaning given in s. DCF 150.02(22).

(20) "Payer" has the meaning given in s. DCF 150.02(23).

(21) "Property" has the meaning given in s. 49.854(1) (e), Stats.

(22) "Protective order" means a temporary restraining order or injunction under s. 813.12, 813.122, 813.123, 813.125, or 813.127, Stats.

(24) "Subpoena respondent" means the person from whom information is requested in an administrative subpoena or request for information.

Note: "Person" has the meaning given in s. 990.01(26), Stats.

(25) "Threshold" means an amount, expressed as either a percentage of the monthly amount due, a fixed dollar amount, or both, that the lien-eligible amount or lien amount must equal or exceed before administrative enforcement may be used to enforce a court order.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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