Enforcing Wisconsin Child Support Order Madison WI

There are several ways in which a child support order can be enforced. Attorney Kathleen Reiley can help you obtain a child support order, change a child supprot order, or enforce an existing child support order. She can also assist you with a family maintenance order.

Tax Withholding

Under Wisconsin law, an individual tax return can be taken by the state child support agency and applied to past support obligations (called arrears). If no arrears are owed, then the state should not withhold a tax return. The failure to file a tax return is a crime.

Income Withholding

In most instances, child support is withheld from the paying party's income and sent directly to the state of Wisconsin's child support agency. Support may also be withheld from Unemployment Insurance, Worker’s Compensation benefits, Social Security Retirement benefits, and Social Security Disability Insurance (SSDI); however, support cannot be withheld from Supplemental Security Income (SSI) payments. In most cases, support cannot be withheld from veteran’s benefits. Health insurance premiums can also be included in an Income withholding order.

Credit Bureaus

Child support agencies release credit information to credit bureaus. If a person is in arrears on child support payments, that information can be and usually is submitted to a credit reporting agency, which may affect the obligated parent’s credit rating and prevent them from obtaining credit, a loan for a vehicle, or a mortgage.

Tax intercept program

The Bureau of Child Support informs the Internal Revenue Service (IRS) and the state Wisconsin Department of Revenue (DOR) of arrearages. The IRS and DOR then withhold the amount from the obligated parent’s refund and may take the entire refund.

A spouse who is entitled to a refund and married to a person who has child support arrears can file a special relief form called "an innocent spouse claim" to avoid having his or her refund claimed by the revenue department for arrears. If the form is not filed, the innocent spouse's income refund can also be withheld.

In order for the parent who is owed child support arrearages to benefit from the tax intercept program, the person owing the arrearages must first file a tax return and also be due a refund.

Failure To Pay Support

When a parent owing support falls behind in payments, the child support collection agency may refer the account for court intervention. Courts may find the delinquent person in contempt of court, or prosecute him or her for criminal nonsupport or felony nonsupport. In cases where the court pursues a contempt action, a jail sentence may be imposed, and other conditions can be provided that requires that a certain amount of money be paid or action be taken to avoid jail.

Criminal Lack of Support

Criminal nonsupport is prosecuted by the county district attorney or the tribal court, depending upon which court has jurisdiction. Child support agencies may refer cases to the district attorney or tribal court. A custodial parent may file a complaint directly with the district attorney’s office or tribal court. The district attorney’s office or the tribal court usually speaks with the child support office before deciding whether to prosecute the case.

Liens, Property Seizures, and License Suspensions

Since October 2000, child support agencies have had addition ways to collect child support. They may suspend the license of a person who is in arrears, seize property held in the obligated parent’s name, or place the obligated party's name on a the “Lien Docket” causing a lien on any property held in the obligated party's name.

KIDS

KIDS is a Wisconsin state government agency charged with the duty to enforce child support orders. To review the types of services available from Wisconsin's KIDS agency, please refer to their site at http://dwd.wisconsin.gov/bcs/. If you need help beyond KIDS's services, please contact Attorney Reiley.

Whether you need to have an order put into effect or enforce an existing child support order, Attorney Kathleen Reiley can help. Please call her at 608.246.8309 or e-mail her to set up a confidential appointment.

Enforcing A Child Support Order