Current through November 25, 2024
(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.
(2) NEGOTIATION OF
AN ALTERNATIVE PAYMENT PLAN AFTER RECEIVING NOTICE OF AN ADMINISTRATIVE
ENFORCEMENT ACTION.
(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.
Note: 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.
(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.
(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.
(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.
(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.
(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:
(a)
License suspension and
denial. The payer may not be certified to state licensing agencies or
authorities for denial, nonrenewal, restriction, or suspension of professional,
occupational, recreational, or driver licenses.
(b)
Account seizure. Any
financial accounts frozen under s.
49.854(5) (b),
Stats., shall remain frozen and may not be seized.
(c)
Personal property
seizure. Personal property that has been seized under s.
49.854(6),
Stats., shall be held by the department or the sheriff and may not be
sold.
(d)
Real property
seizure. Real property may not be seized and sold.
(6) SUSPENSION OF ADMINISTRATIVE
ENFORCEMENT ACTIONS.
(a) When a plan has been
negotiated between the payer and the child support agency, or the court has
determined that a plan is reasonable or has ordered a plan pursuant to s.
767.77(1),
Stats., the child support agency in the county in which the plan is set shall
suspend administrative enforcement actions as long as the payer complies with
the plan.
(b) If a payer makes a
full arrearage debt payment, prior to the completion of the administrative
enforcement action, the action shall be suspended.
(7) PROCEEDING WITH ADMINISTRATIVE
ENFORCEMENT ACTIONS. If the court determines under sub. (2) (c) that a plan is
not reasonable and does not set a plan, or the payer and child support agency
are unable to negotiate a plan under sub. (3), the child support agency may
continue with the administrative enforcement action.
(8) DISCLOSURE OF INCOME AND ASSETS. The
request to negotiate a plan shall include an agreement by the payer to provide
the child support agency with a full disclosure of income and assets available.
The payer shall provide complete income and assets information to the child
support agency within 5 business days of the request to negotiate a payment
plan.
(9) CASE-BY-CASE BASIS. A
child support agency shall negotiate a plan with a payer only on cases venued
in its county.
(10) TERMS OF AN
ALTERNATIVE PAYMENT PLAN.
(a) An alternative
payment plan may include a lump-sum payment, or periodic payments on the
arrearage debt, or both, subject to the following standards:
1. The sum of any periodic payment
established under the plan and any other court-ordered payment of support, when
subtracted from the payer's gross income, may not leave the payer below 100% of
the poverty line established under
42
USC 9902(2) unless the payer
agrees otherwise.
2. When
establishing an alternative payment plan, the child support agency shall
consider the factors used by the court in determining whether the use of the
percentage standard is unfair to the child or any of the parties, as specified
in s. 46.10(14),
767.511, or
767.89, Stats.
(b) In a case in which the
conditions in par. (a) 1. cannot be met, the child support agency may negotiate
a lump-sum payment with the payer, or may elect to suspend administrative
enforcement action.
(c) Upon
agreement by the payer, periodic payments under the plan may be made through
income withholding in amounts in addition to the amount ordered under s.
767.75(1) (b),
Stats.
(11) DEFAULT ON AN
ALTERNATIVE PAYMENT PLAN. In the event that the payer defaults on the plan by
failure either to make the full lump-sum payment within one month of the date
that the payment is due, or to pay an amount equal to the amount due in one
month under the plan, the child support agency shall notify the payer in
writing that an administrative enforcement action shall be implemented unless
the lien is paid in full.
(12)
RENEGOTIATION OF AN ALTERNATIVE PAYMENT PLAN. After the entry of an alternative
payment plan, the plan may be renegotiated upon the written request of the
payer or child support agency if the requesting party can show a substantial
change in circumstances. A substantial change in circumstances includes any of
the following:
(a) A change in the payer's
income or assets, including the sale or purchase of real or personal
property.
(b) A change in the
payer's earning capacity.
(c) Any
other factor that the child support agency determines is relevant.
(13) PAYERS WITH CASES IN MULTIPLE
COUNTIES.
(a) When multiple county child
support agencies initiate administrative enforcement actions against the same
payer, and the payer negotiates an alternative payment plan with one of the
agencies, the plan does not preclude any other child support agency from
proceeding with its administrative enforcement action.
(b) If a child support agency which has a
lien against property of a payer negotiates an alternative payment plan with
the payer, the agency may receive proceeds from the sale of the payer's real or
personal property under the lien including, but not limited to, proceeds from
administrative enforcement actions taken by other child support
agencies.
