Wisconsin Administrative Code
Department of Children and Families
DCF 101-199 - Family and Economic Security
Chapter DCF 152 - Child Support Administrative Enforcement
Section DCF 152.06 - Liens

Universal Citation: WI Admin Code ยง DCF 152.06

Current through August 26, 2024

(1) LIEN DOCKET.

(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.

(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.

(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.

(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.

(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.

(5) PAYMENT OF LIEN.

(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.

(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.

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

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

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

(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.

(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.

(8) RENEWING A LIEN.

(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.

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

(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.

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.

(9) LIEN PROCEDURES. The department shall develop procedures for releasing a lien and releasing specific property from a lien.

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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