Enforcing A Support Order
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.
Under Wisconsin law, an individual tax refund 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 refund.
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.
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 parentís 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. This is a complicated area and you should consult with your tax preparer.
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
You may consult with the child support agency or contact your family law attorney when there has been a failure of the payor to pay support as ordered.
KIDS is a Wisconsin state government agency charged with the duty to manage child support payments and disbursements under 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.