Section DCF 152.08 - Seizure of property(1) FREEZING FINANCIAL ACCOUNTS. (a) The department or a child support agency may not issue a notice of levy under s. 49.854(5) (b), Stats., unless the sum of the funds in all of the payer's financial accounts, minus the $5 levy fee under s. 49.854(11) (a), Stats., and any early withdrawal penalty under s. 49.854(5) (e), Stats., exceeds $500.(b) The notice of levy under s. 49.854(5) (b), Stats., shall instruct the financial institution of the following: 1. The maximum amount frozen in an account at the time the notice of levy is received may not exceed the amount specified by the department or child support agency in the notice.2. The maximum amount frozen in an account at the time the levy notice is received may not exceed the payer's ownership interest. Note: According to s. 224.40(3) (c), Stats., a financial institution is not liable for encumbering or surrendering any assets held by the financial institution in response to instructions from the department or a county child support agency for the purpose of enforcing a child support order.
(c) The department, child support agency, and financial institution shall presume that a payer's ownership interest in an account is an equal pro-rata share of the account based on the number of individuals with a recorded ownership interest in the account.(2) SEIZURE OF PERSONAL PROPERTY OTHER THAN FINANCIAL ACCOUNTS. (a) The department or a child support agency may not seize personal property under s. 49.854(6), Stats., unless the payer's equity in the property, minus expected levy fees, exceeds $500 per item total.(b) The department and child support agency shall presume that a payer's equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.(3) SEIZURE OF REAL PROPERTY. (a) The department or child support agency may not seize real property under s. 49.854(7), Stats., unless both of the following conditions are met: 1. The payer's equity in the property, minus expected levy fees, exceeds 10% of the property's fair market value.2. The lien exceeds $5,000.(b) The department or child support agency shall presume that a payer's equity in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership interest in the property.(4) INTERCEPT OF LUMP-SUM PENSION PAYMENTS, JUDGMENTS AND SETTLEMENTS. (a) When initiating the intercept of lump-sum pension payments under s. 49.852, Stats., the department or child support agency shall specify in the notice provided under s. 49.852(1m), Stats., that the amount withheld from the lump-sum pension payment may not exceed the payer's ownership interest in the lump-sum pension payment(b) When initiating the intercept of judgments and settlements under s. 49.856, Stats., the department or child support agency shall specify in the notice provided under s. 49.856(2), Stats., that the amount withheld from the judgment or settlement payment may not exceed the payer's ownership interest in the judgment or settlement payment.(c) The department or child support agency shall presume that the payer's ownership interest in the property is an equal pro-rata share of the equity based on the number of individuals with a recorded ownership in the property.(5) NOTICE TO INDIVIDUALS OTHER THAN THE PAYER WITH A RECORDED OWNERSHIP INTEREST IN PROPERTY. The department or child support agency shall provide notice related to the seizure of property to any individual other than the payer with a recorded ownership interest in property subject to seizure under s. 49.854(5), (6), or (7), or 49.856, Stats., as follows: (a)Account seizure. For account seizure under s. 49.854(5), Stats., notice shall be sent to the mailing address of record at the financial institution.(b)Personal property seizure. For personal property seizure under s. 49.854(6), Stats., notice shall be sent to the mailing address of record at a state agency that titles personal property.(c)Real property seizure. For real property seizure under s. 49.854(7), Stats., notice shall be sent to the mailing address of record on the tax bill for the property subject to seizure.(d)Judgment and settlement intercept. For judgment and settlement intercept under s. 49.856, Stats., notice shall be sent using the mailing address or addresses of record provided by the person ordered to pay the judgment or settlement. Note: Pursuant to s. 49.854(5) (d), (6) (a) and (e), and (7) (a) and (e), Stats., the department or child support agency is required to provide a notice to any individual with a recorded ownership interest in a property subject to seizure. Individuals other than the payer who have a recorded ownership interest in the property subject to seizure have 20 business days after the date of the notice to request a hearing to protect the portion of the property that is attributable to their net contributions to the property.
(6) PRESUMPTION OF PAYER'S OWNERSHIP INTEREST. (a) If an individual other than the payer has a recorded ownership interest in property subject to seizure under s. 49.852, 49.854(5), (6), or (7), or 49.856, Stats., the individual may request a hearing under s. 49.854(7m), Stats., for a determination of the proportion of the value of the property that is attributable to his or her net contribution to the property in any county that initiated property seizure.(b) When seizing property, the department or child support agency shall proceed based on the presumption under sub. (1) (c), (2) (b), (3) (b), or (4) (c) unless an individual other than a payer with a recorded ownership interest in the property requests a hearing under s. 49.854(7m), Stats., within 20 business days of the date of notice that seizure has been initiated under s. 49.854(5), (6), or (7), or 49.856, Stats.Wis. Admin. Code Department of Children and Families DCF 152.08
Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (4) (a) made under s. 13.92(4) (b), Stats., Register November 2008 No. 635.According to s. 49.854(7m), Stats., if the court determines that a portion of the property is attributable to the contributions of an individual other than the payer with an ownership interest in the property, the court shall direct the department or child support agency to pay the individual, from the net balance of the account or the net proceeds of the sale of the real or personal property, the proportion of the gross value of the account or real or personal property that is attributable to that person's interest.