Enforce Wisconsin Child Support Orders

Learn how to enforce child support orders when the other parent is not compliant.

Child support laws are enforced aggressively when payments become delinquent as parents are required by law to financially provide for their children. Failure to pay child support is considered contempt of court, a very serious offense.

If a parent has repeatedly failed to pay the child support they owe, you'll likely be served and ordered to appear in court for a child support hearing. Failure to show up to court will lead to a warrant for your arrest and possible jail time.

No matter what the circumstances are, the parent who owes child support should do everything in their power to pay what they owe or at a minimum, be in touch with the other parent and the courts to explain why they haven't been paying. But a lack of payment and a lack of reason is likely to lead to arrest rather quickly.

Wage Garnishments

The most common form of arrears collecting is in the form of wage garnishment. The court will determine what percentage of wages can be garnished based upon the amount owed in child support.

Intercepting Pension Payments

Under section 49.852 of Wisconsin Statutes, the Department of Children and Families may direct the department of employee trust funds to intercept funds to fulfill a child support lien for the obligor.

Liens Against Property

Under Wisconsin Statue 49.854 the Department of Children and Families may enforce a legal lien against accounts at financial institutions, personal property, real estate, or against rights to the property.

Suspend or Restrict License

Under Wisconsin Statue 49.857 the Department of Children and Families may restrict, deny renewal, and or suspend licensure of any license granted by the department of safety and professional services.

For Immediate help with your family law case or answering any questions please call (262) 221-8123 now!

Frequently Asked Questions

What happens in Wisconsin if you don't pay child support?

If someone doesn’t pay child support, the other party can file to enforce child support payments. This will hold them to an even greater account by doing things like garnishing their wages and suspending their license.

Is child support mandatory in Wisconsin?

Child support is not mandatory, meaning it doesn’t have to be ordered in every case. However, if a party is ordered to pay child support, they must pay it.

How long can you go without paying child support in Wisconsin?

Once the amount of child support that is owed is equal to a month’s payment, interest starts getting charged on the amount owed.
But, the longer they wait, the more things that can happen. For example, after $500 is owed, the court can take that money from state and federal income tax refunds.

How far behind in child support before you go to jail in Wisconsin?

If the court finds a party in contempt, they have the option to fine them or send them to jail. But, jail is the last resort because people can’t make money in jail.

Who gets the interest on child support arrears in Wisconsin?

Interest is charged on child support greater than one month’s payments. That interest is owed to the state and gets paid to the state. For this reason, the state can forgive interest arrears in some situations.

What is custodial arrears interest?

Arrears are previously unpaid payments. Custodial arrears are payments owed for past child support payments. So, custodial arrears interest is the interest the state charges on child support that is owed.

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