Child Support Enforcement Strategies in Wisconsin: Expert Tips from a Child Support Attorney

Understanding Child Support Enforcement in Wisconsin

Child support orders are crucial for ensuring children receive the financial support they need after their parents separate or divorce. In Wisconsin, the Department of Children and Families (DCF) plays a significant role in establishing and enforcing these orders. However, when a parent fails to meet their child support obligations, the other parent can take steps to enforce the order. This article provides practical advice, insights into potential compensations, and effective strategies for child support enforcement in Wisconsin.

Establishing a Child Support Order in Wisconsin

Before enforcement can begin, a valid child support order must be in place. Here's a quick overview:

• ➡️Initial Order: Child support orders are typically established during divorce proceedings, paternity actions, or separate child support cases.
• ➡️Wisconsin's Guidelines: Wisconsin uses a percentage standard to determine child support, based on the paying parent's gross income and the number of children. The guidelines are outlined in Chapter DCF 150 of the Wisconsin Administrative Code.
• ➡️Modifications: Child support orders can be modified if there is a substantial change in circumstances, such as a significant change in income or the needs of the child.

📝 Strategies for Enforcing Child Support in Wisconsin

When a parent fails to pay child support as ordered, several enforcement options are available in Wisconsin.

1. Income Withholding

💰What it is: Income withholding is the most common and often the most effective method. The child support payment is automatically deducted from the paying parent's wages or other income sources.

🔎How it works: The DCF sends an income withholding order to the employer, who then deducts the child support amount from the employee's paycheck and forwards it to the Wisconsin Support Collections Trust Fund (WI SCTF).

💡Practical Advice: Ensure the DCF has accurate and up-to-date information about the paying parent's employer. If the paying parent changes jobs, notify the DCF immediately.

2. Tax Intercept

💰What it is: If a parent owes past-due child support (arrearages), the state can intercept their federal and state tax refunds.

🔎How it works: The DCF submits the delinquent parent's name to the IRS and the Wisconsin Department of Revenue. If the parent is due a refund, it will be applied to the child support debt.

💡Practical Advice: While the tax intercept is automatic once arrearages reach a certain threshold, regularly review your case with the DCF to ensure it's properly flagged for tax intercept.

3. Lottery Intercept

💰What it is: Similar to tax intercepts, the state can intercept lottery winnings to satisfy child support debts.

🔎How it works: If a parent wins a lottery prize of $600 or more, the Wisconsin Lottery will check for outstanding child support obligations before disbursing the winnings.

4. Driver's License Suspension

💰What it is: Wisconsin can suspend the driver's license of a parent who is significantly behind on child support payments.

🔎How it works: The DCF notifies the Department of Transportation (DOT) if a parent meets the criteria for suspension. The DOT then suspends the license until the parent complies with the child support order or makes satisfactory payment arrangements.

Important Note: License suspension can significantly impact a parent's ability to work and earn income, so it's a powerful enforcement tool.

5. Professional License Suspension

💰What it is: Similar to driver's license suspension, Wisconsin can suspend professional licenses (e.g., medical, legal, real estate) for non-payment of child support.

🔎How it works: The DCF notifies the licensing board, which then takes action to suspend the license.

6. Passport Denial

💰What it is: The federal government can deny a passport application or revoke an existing passport if a parent owes a significant amount of child support.

🔎How it works: The DCF submits the delinquent parent's name to the U.S. Department of State.

7. Contempt of Court

💰What it is: Failing to comply with a court order, including a child support order, can result in a contempt of court finding.

🔎How it works: You must file a motion with the court, providing evidence that the other parent has willfully failed to pay child support. The court will hold a hearing. If found in contempt, the parent could face fines, jail time, or both.

💡Practical Advice: Contempt actions require clear evidence of the parent's ability to pay and their willful refusal to do so. Gather bank statements, employment records, and any other evidence that supports your claim.

8. Liens

💰What it is: The DCF can place a lien on the delinquent parent's property, such as real estate or vehicles.

🔎How it works: The lien gives the state a legal claim against the property. If the parent sells the property, the child support debt must be paid from the proceeds of the sale.

9. Criminal Charges

💰What it is: In some extreme cases, a parent who repeatedly and intentionally fails to pay child support may face criminal charges. This is rare, but possible.

🔎How it works: The district attorney's office would need to file criminal charges. The penalties can include fines and imprisonment.

⚠️Understanding Arrearages and Interest

Arrearages refer to past-due child support payments. In Wisconsin, interest accrues on unpaid child support at a rate of 1% per month (12% per year).

💡Practical Advice: Understand that arrearages and interest can accumulate quickly. Even small, consistent payments can help prevent the debt from spiraling out of control.

Compensations and Remedies for Non-Payment

Besides the enforcement strategies listed above, there are other remedies available to a parent who is owed child support:

• ➡️Retroactive Support: In some cases, you may be able to obtain retroactive child support, especially if there was a delay in establishing the initial order.
• ➡️Health Insurance Coverage: The child support order may require the paying parent to provide health insurance coverage for the child. If they fail to do so, you can seek reimbursement for medical expenses.
• ➡️Uninsured Medical Expenses: Child support orders often address how uninsured medical expenses are to be divided between the parents. If the paying parent fails to pay their share, you can seek reimbursement.

🔍 Working with the Wisconsin Department of Children and Families (DCF)

The DCF is your primary resource for child support enforcement in Wisconsin. Here are some tips for working effectively with the DCF:

• ➡️Stay Informed: Keep track of all communication with the DCF. Request copies of all documents related to your case.
• ➡️Be Proactive: Don't wait for the DCF to contact you. Regularly check in with your case manager and provide them with any relevant information, such as changes in the paying parent's employment or address.
• ➡️Document Everything: Keep detailed records of all payments received, payments missed, and communication with the DCF and the other parent.
• ➡️Understand the Process: The DCF has established procedures for enforcing child support orders. Understanding these procedures will help you navigate the system more effectively.

👩‍💻 The Role of a Child Support Attorney

While the DCF provides enforcement services, there are times when it's beneficial to consult with a child support attorney.

• ➡️Complex Cases: If your case involves complex financial issues, self-employment income, or out-of-state enforcement, an attorney can provide valuable assistance.
• ➡️Contempt Actions: An attorney can help you prepare and present a strong case for contempt of court.
• ➡️Modifications: An attorney can help you petition the court for a modification of the child support order if there has been a substantial change in circumstances.
• ➡️Negotiation: An attorney can negotiate with the other parent or their attorney to reach a settlement regarding child support arrears.

Frequently Asked Questions (FAQs)

Q: What happens if the paying parent moves out of Wisconsin?

A: Wisconsin has reciprocal agreements with other states to enforce child support orders. The DCF can work with the other state to enforce the order.

Q: Can I garnish the paying parent's unemployment benefits?

A: Yes, unemployment benefits are subject to income withholding for child support.

Q: What if the paying parent is self-employed?

A: Enforcement can be more challenging with self-employed individuals. The DCF may need to examine their business records and tax returns to determine their income. Contempt actions may also be necessary.

Q: How long does child support last in Wisconsin?

A: Generally, child support continues until the child turns 18 or graduates from high school, whichever is later, but not beyond age 19.

Q: What is the Wisconsin Support Collections Trust Fund (WI SCTF)?

A: The WI SCTF is the central clearinghouse for child support payments in Wisconsin. All payments are processed through this fund.

🔥 Key Takeaways for Effective Child Support Enforcement

• ➡️Be Proactive: Stay informed and actively participate in your child support case.
• ➡️Document Everything: Keep detailed records of all payments, communication, and relevant information.
• ➡️Communicate with the DCF: Maintain open communication with your case manager.
• ➡️Consider Legal Advice: Don't hesitate to consult with a child support attorney if you have complex issues or need assistance with enforcement.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.