– from Harold O. in Brookfield, WI

Question Details:

I had fallen behind in my child support payments and went to court to explain why I should not be held in contempt. During this time, I executed an income assignment for current and past support. Because of this, am I still considered delinquent? Is my income tax refund still liable for interception?

Family Law Attorney Response:

Since every child support case is individual and regardless of precedent, each case is ultimately decided on its own merits. Having said that, here is one example to illustrate the court's view.

In the case of Krueger v. Krueger 133 Wis. 2d 269, 395 N.W.2d 783 (Ct. App. 1986), the court held that the stipulation only applied to the charge of contempt, and not the actual delinquency of support payments. His refund check, and any other credits due him, were absolutely open to interception.

Speak to an experienced family attorney and discuss the details of your case with them. There may be some additional information that may help.

Dan Exner, J.D.

Family Law Attorney

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