Section DCF 152.11 - Alternative payment plans(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.Wis. Admin. Code Department of Children and Families DCF 152.11
Cr. Register, July, 1999, No. 523, eff. 8-1-99; correction in (10) (a) 2. made under s. 13.93(2m) (b) 7, Stats., Register January 2003 No. 565; corrections in (2) (c), (6) (a) and (10) (a) 2. made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.