Wisconsin Child Support Arrears: What Are They and Why They Matter

In Wisconsin, parents can be left with no choice but to provide financial assistance based on their income and the parenting arrangement as set out in a child support court order. When a parent falls behind on these payments, the outstanding balance continues to accumulate as child support arrears.

Child support arrears are a type of debt that never goes away—in fact, they keep building up over time. In this article, we'll take a closer look at what child support arrears are, who owes them, and the often severe consequences of not paying.

What Are Child Support Arrears?

Child support arrears are past-due child support payments that a parent has missed under the court-ordered schedule. These aren't up for negotiation or an excuse; they're a very real legal debt that parents in Wisconsin are liable for.

To give you a better idea, if a parent has been court-ordered to pay $300 a month in child support and misses three months of payments, they'll now owe a whopping $900 in child support arrears.

Missed child support payments also start racking up interest. The amount of interest on unpaid child support is set by statute—in our state, it's a pretty hefty 0.5% to 1% per month.

Who Are Child Support Arrears Owed To?

It's really worth reviewing any court order that's been issued to cover child support. In Wisconsin, child support payments are usually deposited into the Wisconsin Support Collections Trust Fund. This fund is responsible for processing payments and ensuring they're applied to the person who's due support. If you're struggling to keep up with payments, you're likely in arrears to the Wisconsin Support Collections Trust Fund.

One important thing to note is that all child support payments must be made through the Wisconsin Support Collections Trust fund to be credited appropriately; payments made directly from one parent to the other may not count as child support under the law.

Even if your child turns 18 or is emancipated, child support arrears do not suddenly disappear - in fact, they remain enforceable until the debt is fully paid.

Consequences of Not Paying Child Support in Wisconsin

There are several actions that child support agencies, courts, the state, and even the federal government can take to collect child support arrears. Some of these actions are automatic, while others will be decided on a case-by-case basis.

If you're not paying child support, you could be facing serious legal and financial consequences. In Wisconsin, the law gives child support agencies and courts significant power to enforce orders and collect overdue payments.

Some of the common enforcement actions include:

Increased Income Withholding-This is the most common enforcement tool. Payments are automatically deducted from the paying parent's wages, unemployment benefits, or other income sources and sent to the Wisconsin Support Collections Trust Fund.

If a parent is behind on payments, the amount withheld from their paycheck may be increased. The relevant authorities can increase the withholding to up to 50% of the current support amount ordered by the court. There are limits on how much of an individual's wages can be withheld.

Intercepting Tax Refunds- Both state and federal tax refunds can be intercepted to pay off arrears.

License Suspension- The state can suspend a parent's driver's license, professional licenses, and even recreational licenses (such as hunting or fishing) until the arrears are sorted out or a payment plan is in place.

Credit Reporting- Past due child support can be reported to credit bureaus, which can seriously lower a person's credit score.

Contempt of Court- If a parent willfully fails to pay, they can be found in contempt of court, which can lead to fines, interest, or even jail time. Courts often give an opportunity to 'purge' contempt by requiring a lump-sum payment or entering into a repayment plan.

Liens and Property Seizure- The state may put liens on property, seize bank accounts, or attach other assets to recover unpaid support.

Can Child Support Arrears Be Reduced or Forgiven?

Arrears cannot be reduced or canceled without court approval. Sometimes, the courts may agree to reduce interest on child support arrears. However, it's the person who is due support who has the final say on whether to forgive child support arrears. The amount of court-ordered child support is treated as a vested right of the child and the parent to whom the support is owed.

Summary

If you're struggling with significant arrears, it's really worth getting in touch with your local child support agency or an experienced family law attorney to explore your options for repayment and avoid even more serious penalties.

If you're dealing with unpaid child support —whether you owe arrears or are trying to collect them —it's often best to consult an attorney who specializes in Wisconsin family law. A lawyer can help you understand the enforcement actions that could be taken against you, help negotiate a repayment plan, and protect your interests in court.

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