Wisconsin courts frequently garnish wages for child support arrears. Regardless of what occurred that created the past due child support, the court will act in the child’s best interest to recoup the amounts owed as well as ensuring current support continues.
Wage garnishment occurs when an employer or bank are legally required to withhold an individuals earnings to settle an outstanding debt including child support and child support arrears.
In Wisconsin, family courts and child support agencies can garnish wages on behalf of the custodial parent, whether they receive public assistance or not. In private matters, the custodial parent or their attorney can ask the court to issue an income withholding order for past due support or, if a parent receives public assistance, the state will act, deducting amounts due the state with the balance going to the custodial parent.
Wisconsin Law on Wage Garnishment for Past Due Child Support
Wisconsin statutes authorize wage garnishment for both current child support and past-due arrears:
- The maximum garnishment allowed under Wisconsin and federal law is up to 50% of disposable earnings for child support arrears (and current support where applicable) where disposable is defined as income remaining after all legally required deductions are made such as local, state and federal taxes, an employee’s share of Social Security, Medicare and state unemployment insurance and withholdings for employee retirement systems
- If a parent is supporting another child or spouse (second family), the cap drops slightly, but can be 50–60% of disposable income in many cases
- The court is not required to establish a separate court order once arrears exist, but can simply send an Income Withholding Order directly to the employer
Types of Income Subject to Wage Garnishment
Earnings from any type of employment are subject to garnishment. Wage garnishment law that regulates and defines garnishment, considers earnings to be any compensation paid or payable for personal services to include wages, salaries, commissions, bonuses, pension or retirement payments, employment-based disability programs, lump-sum payments (referral bonuses, service awards, etc.). Social security income and unemployment benefits may also be garnished if child support is owed.
Wage Garnishment Process For Child Support in Wisconsin
- During a divorce or separation, child support is ordered through the court or the county Child Support Agency
- If the payor falls behind, the Agency automatically sends a Notice of Arrears followed by an Income Withholding Order to the employer (typically without a hearing)
- The employer is legally required to start deducting and sending the money as directed
- Past due child support garnishment continues until the arrears are paid in full or the court/agency modifies the order
Additional Child Support Enforcement Tools for Arrears
If wage garnishment isn’t enough or a parent is self-employed, Wisconsin can also:
– Intercept federal and state tax refunds
– Suspend driver’s license, professional/occupational licenses, and hunting/fishing licenses
– Place liens on real estate or bank accounts
– Report the pay or to credit bureaus
– In extreme cases, seek jail time for contempt (up to 6 months)
Bottom line, Wisconsin can and will garnish wages for back child support, often automatically and up to half of the payer’s take-home pay. Often parents ordered to pay child support fall behind because of a change in financial circumstances such as a job loss or because a medical issue led them to being unable to work. In these cases, it is very important to work with an attorney to file a modification of the child support order if a substantial change in financial circumstances occurs, noting that the current order remains in effect until the modification is granted.
Contact an Experienced Wisconsin Child Support Lawyer for Help
For custodial parents who count on support, wage garnishment is an effective tool to ensure that the child receives the support that they need and are entitled to whether that be past due support or timely payments for current support. When you have concerns regarding the payment of child support, contact Probst Family Law for assistance at 414-210-3135.