Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 152 - Child Support Administrative Enforcement
Section DCF 152.04 - Written notice of enforcement actions

Universal Citation: WI Admin Code ยง DCF 152.04

Current through November 25, 2024

(1) APPLICATION. This section applies to notices issued to the payer by the department under ss. 49.852(2), 49.854(3) (a) and (ag) 1., (5) (d), (6) (a), (d), and (e), or (7) (a), (d), and (e), 49.856(3), and 49.857(3) (a) and (am), Stats.

(2) USE OF MAIL. The department or child support agency may send notices related to the administrative enforcement of a child support order by regular mail to the last-known mailing address provided by the payer under s. 767.58(2), Stats. If the last-known mailing address for a payer is unverified, or a written notice sent to a payer at his or her last-known verified mailing address is returned, the department or child support agency shall contact the postmaster of the zip code of the address. If the postmaster verifies the unverified mailing address or provides a new verified address, the department or county child support agency shall send written notice to the mailing address provided by the postmaster. If the postmaster is unable to verify the last-known mailing address, or to provide a new verified address, the department or child support agency shall send notice to payer using the current employer mailing address provided by the payer under s. 767.58(2), Stats. If the notice to the payer mailed to the payer's employer is returned, or the payer has not provided a current employer mailing address, the department or child support agency shall use diligent effort to obtain a mailing address for the payer.

Note: Under s. 767.58(2), Stats., each party to a child support order is required to provide the child support agency with his or her residential and mailing address and the address and telephone number of his or her employer. A party shall advise the child support agency of any change in such information within 10 business days after the change.

(3) DILIGENT EFFORT. Diligent effort includes the following:

(a) For each of the following administrative enforcement actions, the department or county child support agency shall obtain and use:
1. License suspension and denial. For license suspension and denial under s. 49.857, Stats., the payer's mailing address of record at a state licensing agency or authority to provide notice under ss. 49.857(3) (a) and (am), Stats., if the address is verified.

2. Account seizure. For account seizure under s. 49.854(5), Stats., the payer's mailing address of record at a financial institution to provide notice under s. 49.854(5) (d), Stats., if the address is verified.

3. Personal property seizure. For personal property seizure under s. 49.854(6), Stats., the payer's mailing address of record at a state agency that titles personal property to provide notice under ss. 49.854(6) (a), (d), and (e), Stats., if the address is verified.

4. Real property seizure. For real property seizure under s. 49.854(7), Stats., the payer's mailing address of record on the tax bill for the property subject to seizure to provide notice under ss. 49.854(7) (a), (d), and (e), Stats., if the address is verified.

5. Pension intercept. For pension intercept under s. 49.852, Stats., the payer's mailing address of record at the entity administering a pension plan to provide notice under s. 49.852(2), Stats., if the address is verified.

6. Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., the payer's mailing address of record provided by the person ordered to pay the judgment or settlement to send notice under s. 49.856(3), Stats., if the address is verified.

(b) If a verified mailing address cannot be identified under par. (a), the department or child support agency shall use all appropriate automated federal, state, and local locate resources and interfaces to ascertain a payer's current mailing address. If locate resources have been used for a period of 60 days and a verified mailing address has not been identified, the department or child support agency may proceed with the administrative enforcement action.

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