Monroe County, WI
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When a public assistance case is opened it may be referred to the Child Support Agency. If you are living together and paternity has been established for your child, you will need to confirm with the Economic Support Department that all parties are listed as household members.
If it is determined that one of the parents is absent from the home, or the parties are not married but have a child together and paternity has not been established, the case will be referred. This is necessary to offset the cost of assistance paid for by the taxpayers of the State of Wisconsin. The Child Support Agency will establish orders for child support, health insurance, and/or birth expenses.
Yes, you MUST cooperate with the Child Support Agency if you are receiving medical assistance from the State of Wisconsin. Wisconsin law and the court insist that as long as the non-custodial parent does not reside with you then we MUST enter an order, even if you do not want the Child Support Agency involved. You may be able to sign a stipulation agreeing to no support, but an order does need to be entered reflecting the agreement of the parties. The medical benefits that you are receiving from the State of Wisconsin could be stopped if you fail to cooperate.
It doesn’t matter if the custodial parent is receiving public assistance. If there is an order, we are required to enforce that order so long as it is in effect. In order for child support to stop, parties will need to change the court order. You can contact and attorney, or file Pro Se (which means “do-it-yourself”) with the Monroe County Clerk of Courts. Pro se forms are available at www.wicourts.gov.
If child support was ordered in your divorce action, your case is a non-IVD case which means that you either represented yourself in your divorce action or had a private attorney. It also means you never received public assistance for your child(ren). The Wisconsin Child Support Trust Fund (WISCFT) will receipt and disburse payments, however, the Monroe County Child Support Agency will not enforce your order unless you apply for our services.
Often times the custodial parent will hear of changes before the non-custodial parent contacts their caseworker at the Child Support Agency. Sometimes the locate tools provided to and used by the Child Support Agency can take some time to report the new information. Both the custodial and non-custodial parents are required to notify the Child Support Agency within 10 days of changes to address or employment. The custodial parent should report any new information they become aware of as soon as possible so it can be processed to prevent delay of payments.
By law, you must report changes to address or employment to the Child Support Agency within 10 days. Keep in mind that your court order does not automatically change based on changes reported to the Child Support Agency – only the Court can change an order.
If child support payments were taken out of your paycheck, child support payments could now be taken out of unemployment benefits. Please continue to self-pay if payments are not withheld from or you are not eligible for unemployment benefits.
If your job loss is expected to last longer than a couple of months, you can ask to have your court order modified. THIS IS NOT AUTOMATIC! You can do this by hiring a private attorney or filing pro se (which means “do-it-yourself”) with the Monroe County Clerk of Courts. Pro se paperwork is available at www.wicourts.gov.
Only the court can change the child support obligation through a new court order. The Child Support Agency will not bring a motion to terminate your support, however, you have the option to bring a motion yourself. You can do this by hiring a private attorney or filing pro se (which means “do-it-yourself”) with the Monroe County Clerk of Courts. Pro se paperwork is available at www.wicourts.gov.
The Monroe County Child Support Agency requires documentation to support your inability to work. Contact your caseworker to request a Medical Status and Inability to Work form or click on the Forms page to access a copy online. This form must be completed by your doctor and include supporting documentation.
Providing the completed Medical Status and Inability to Work form and documentation from your doctor will not end your child support obligation, however, the Child Support Agency will not enforce payments of your obligation during the time for which you are unable to work. It is very important that you provide updated information regarding your medical condition to you caseworker frequently and upon request. Also, please keep your casework informed of any disability, worker’s compensation, or social security benefits you apply for or become eligible for.
You are responsible for making child support payments. If you discover that your employer has withheld payments but you are not receiving credit to your account be sure to keep copies of your paystubs to prove the child support payments were deducted from your check by your employer. Contact your case worker as they may then take action against the employer for failure to send the payments.
We understand that criminal history, both past and present, may cause a roadblock in obtaining employment. There are many resources available that may be able to help you.
Workforce Connections https://workforceconnections.org (608) 785-5646
Job Center https://jobcenterofwisconsin.org
Project Proven through Western Technical College (608) 785-9434
A child born outside of marriage will not have a legal father unless a Voluntary Paternity Acknowledgment (VPA) is filled out and filed with the vital statistics office or paternity is established through a Court hearing.
It is in the best interest of the child to have paternity established as it creates the legal relationship between a child and his or her father, gives the child inheritance rights, access to future benefits through the father (social security, veterans benefits, etc) and access to the medical history of the father.
If you receive any public assistance for your child, the State of Wisconsin requires you to cooperate with paternity establishment efforts. Failure to cooperate may result in your benefits being sanctioned.
Our office will explain to both parents the consequences of signing this form. If you wish to have genetic testing done before signing this form, our office can assist in setting up that testing.
There is a separate procedure for obtaining support orders once the form is completed. If you are receiving W2 benefits, your case will automatically be referred for order establishment.
If either parent does not wish to sign the VPA for any reason, the department may be able to file a paternity establishment case.
When a child is born to a married woman, the husband’s name goes on the birth certificate of the child. If the mother and father are not married, the man’s name will not be put on the birth certificate until he becomes the legal father.
He can become the legal father by filing the state’s Voluntary Paternity Acknowledgment (VPA) form or through a paternity Court action. When a paternity judgment is ordered, the department will notify Wisconsin’s Division of Vital Statistics and the adjudicated father’s name will be added to the birth certificate.
When a child is born while a mother is married, Wisconsin considers the husband to be the father. This is known as marital presumption. If the mother is claiming that her husband is not the father and is naming someone else, the marital presumption MUST be overcome before another man can be found to be the child’s legal father. You must contact an attorney or file pro se (which means “do-it-yourself”) with the Monroe County Clerk of Court’s to have the marital presumption overcome.
Yes, a possible father can apply for services to establish paternity of a non-marital child. If you live in Monroe County call (608) 269-8733 to schedule an appointment.
Paternity can be established at any time after the birth of the child. In Wisconsin, there are three ways to establish paternity.
1. The mother and father can legally agree to the paternity of the child if there is no question as to who the father is and the mother is not married. To accomplish this, the mother and father must sign a state form called a Voluntary Paternity Acknowledgment (VPA). Contact the Child Support Agency for assistance if you would like to sign this form.
2. The Child Support Agency can file a legal action to establish paternity. Both the mother and father are notified of the case and have the opportunity to appear in Court. Either party can ask for genetic tests before paternity is decided.
3. If the parents of a child marry after the birth of the child, paternity can be established through the use of the State’s Legitimation form. The Child Support Agency can provide you with this form.
To request an appointment for paternity services, call the Monroe County Child Support Agency at (608) 269-8733.
The Monroe County Child Support Agency cannot assist with custody, placement, or visitation issues. You must contact an attorney or file pro se (which means “do-it-yourself”) with the Monroe County Clerk of Courts to address these issues.
Physical placement is one of the measures used by the Child Support Agency in a review for modification of support. When the Monroe County Child Support Agency reviews a child support order we will default to the most recent order addressing physical placement of the child(ren). If there has been a change in the physical placement of the child (ren), we recommend updating the placement order prior to requesting a review of your child support obligation.
In order to meet the requirements for a shared placement payer, the paying parent must have the children in their home at least 25% of the time. Parents with shared placement will assume the child’s basic support costs in proportion to each parent’s share of placement. Basic support costs refer to the food, shelter, clothing, transportation and personal care of the child(ren). In addition to the basic support costs each parent is responsible for variable expenses. Variable expenses refer to the reasonable costs above basic support costs such as child care, tuition, a child’s special needs, sports equipment, activity fees, etc. Any costs for uncovered medical or dental expenses are always split equally between the parents.
If you believe that your child(ren) are being neglected or abused, contact the county social services where your child(ren) live. Protective services handle such issues which are separate from child support.
If the parents have never been married, paternity must be established before the Court can order child support be paid. If the parents are unmarried, the child support agency can file a legal action to compel the absent parent to support his/her child(ren).
If a divorce has already been filed in Monroe County, the Child Support Agency can file a motion within the divorce asking the court to set a child support order. If you already have a Monroe County paternity or divorce case with no current support order, the Child Support Agency can file a motion to ask that child support be set if the circumstances have changes substantially since the last time the support issue was addressed by the court.
For example, if you ex-spouse was not working the last time the case was in court, no child support may have been ordered. If he/she is working now, we may be able to seek a child support order at this time.
If the parents were never married, but signed and filed a Voluntary Paternity Acknowledgment form, the Child Support Agency can file and action to compel the absent parent to support the child.
If you receive public assistance such as TANF benefits including W-2, Caretaker Supplement, or Child Care Assistance, we are required to obtain a court order for child support to offset the cost to the taxpayers for the public assistance. If you are only receiving medical assistance such as Badgercare, an order for the child support to be held open may be entered. If you are concerned that the other parent may cause harm to you or the child(ren), you should contact the Economic Support division and discuss filing a Good Cause Claim. If Good Cause is granted, the Child Support Agency will not pursue establishment of an order.
You must provide the Child Support Agency with a copy of the order terminating your parental rights. Based upon the order terminating your parental rights, we will seek to terminate your current support order. Please note that you are still responsible for any arrears, costs, and interest on your case that accrued prior to your parental rights being terminated. You will continue to receive billing notices until all debts are paid in full.
Wisconsin law requires you to pay child support until your child turns eighteen and graduates from high school, or, until age nineteen, whichever is later. If you child is eighteen and has graduated from high school, you should provide proof of graduation to the Child Support Agency.
All parents have a duty and obligation to support their child(ren) no matter where the child(ren) are residing or who they are residing with. The law states that both parents are individually liable for support of a child placed in substitute care.
Child support and physical placement/visitation of the child(ren) are separate issues. Wisconsin law has drawn a definite line between the two issues to prevent children from being punished due to disagreeing parents. The Child Support Agency does not have the authority to address custody, placement and visitation issues. You are required to pay support as court ordered to be in compliance with the order. If you are being denied your placement rights, you may contact your local family court commissioner. You may be referred to mediation.
Any payments made directly to the custodial parent are considered a gift. In order for you to receive credit for the payments you make it must be paid through the Wisconsin Support Collections Trust Fund (WISCTF). Income withholding is mandatory in the State of Wisconsin. It is convenient to both parents and it reduces the possibility of late payments and arrearages.
Self-employed paying parents do not participate in income withholding and are required to send their payments to the WISCTF to receive proper credit.
Any participants inquiring about payments received and disbursed by the Wisconsin Child Support Trust Fund (WISCTF) can contact WISCTF via phone at 1-800-991-5530 or you can sign up for the child support online services at https://csos.wisconsin.gov/login.
The order for child support will continue until the court suspends the obligation and modifies the placement order. You may contact an attorney or file pro se (which means “do-it-yourself”) with the Monroe County Clerk of Courts to modify your order. Please be sure to provide a copy of any court orders to the Child Support Agency.
Money that a parent spends on food, housing, utilities, etc are all expenses that are shared with the child(ren). If you are concerned that your child(ren) are not being adequately clothed, fed and/or housed, you may contact the county social services agency where your child(ren) live. Neither the State of Wisconsin nor the federal government have jurisdiction over how child support payments are spent!
If a payer has more than one family to support or more than one support-related obligation, payments will be pro-rated across the payer’s cases. Payments are distributed first to the families with minor children for current support and then additional amounts are distributed to child support arrears or other support-related debts. Therefore payees may notice a difference in the amount they receive and the timing of these payments.
The Monroe County Child Support Agency does not handle issues in regards to the uninsured medical expenses that the other parent will not pay. In order to address the issue, you will need to file a motion to go before the Judge or Family Court Commissioner. Pro se (which means “do-it-yourself”) paperwork is available online at www.wicourts.gov.
Copies of court orders can be obtained from the Clerk of Courts Office in the county where the order was established. If you had an order in another state you will need to contact the state where the orders were established.
Under state and federal law, once arrears have been certified for tax intercept, they remain certified and refunds will be intercepted until the outstanding amounts are paid in full, even if payments are being made.
You will need to file an “injured spouse” claim at the time you file your tax return. Any and all issues relating to the injured spouse claim need to be handled through the IRS.
You can get tax intercept collection information by calling the KIDS Information Line at 1-800-991-5530.
The parent receiving a tax refund intercept must pay 10% of any collection of $10 or more, but not more than $25. This fee is taken out of the intercepted refund.
You will receive a notice from the IRS or Department of Revenue that your tax refund has been intercepted. The State of Wisconsin Child Support system usually receives the funds 4-6 weeks after you receive the notice.
A lien is automatically created when you have an arrears balance of $500 or more. Click this link to access the WI Lien Docket: Lien Docket Welcome (wisconsin.gov)
The Child Support Agency has many steps to enforcing a court order and we can’t just have the Sheriff’s Department arrest them without due process and obtaining a court order. Before a non-custodial parent can be arrested they must either be found in contempt of court or be unable to be located in order to serve them. We will begin our enforcement actions with two separate warning letters. If we do not get any response from the enforcement letters the case will be evaluated by the assigned caseworker for further enforcement actions.
If you begin making payments and there is a warrant for your arrest, you may contact the Child Support Agency immediately to discuss the possibility of the warrant being quashed. Depending on how long you have been paying as agreed, the Child Support Agency may be able to write a letter to the Court requesting they quash the warrant. Contact your caseworker for more information.
You must have an arrears balance, which means you did not pay all of the child support ordered when the child was a minor. You can contact your caseworker for additional information. Income withholding will remain in place until all court obligations are paid in full. The KIDS system will only disburse the monies that are due and no more. Should you end up with an overpayment, it will be refunded to you.
You may request payment records from the WISCTF for the current year to date and full previous year. Any older payment records will need to be requested from the Child Support Agency. Once you receive the payment records you can compare them with your own records to determine if the balance of back support is accurate. Please contact the Child Support Agency if you feel there is an error so we can discuss the possible reasons for any discrepancies. You must provide evidence that supports your belief of an error. The Child Support Agency will then review the case to determine if there is, in fact, an error.
Under Wisconsin law, the paying parent is charged $65/year for processing and maintaining the payment records on your child support case. The fee is charged January 1st each year per court case.
After October 1st each year the custodial parent is charged a $35 fee if the case received $550 or more in support. For collection purposes, the system follows the federal fiscal year which runs from October 1st to September 30th each year. The fee will automatically be taken out of a support payment prior to the payment being disbursed to the custodial parent. If another state is providing you with child support services, the other state charges and collects the annual fee.
If it has been more than three years since your support was established or modified, you are eligible for review through the Child Support Agency. If there has been a substantial change in circumstances you may be eligible for review prior to three years. To request a review, contact your caseworker. If it has been less than three years since your support order was established or modified, you may need to file a motion for modification with the court. You can hire an attorney to help you or you can file pro se (which means “do-it-yourself”). Pro se paperwork is available online at www.wicourts.gov.
A modification of the order can result in an increase, a decrease, or no change at all. Both parents will be mailed notice of the review and are required to provide current financial information to the Child Support Agency. The Child Support Agency and the Child Support Agency’s attorneys who appear at hearings represent the interests of the State of Wisconsin – they do not represent either parent.
No. The legal parents are responsible for supporting the child. Wisconsin law states that a step-parent has no legal responsibility to support the child(ren) of their new spouse.
No. A modification could result in an increase, a decrease, or no change at all.
You will continue to be billed for any missed child support payments (arrears) or any fees or expenses that have been ordered on your case until the debts are paid in full. You will also be billed for any interest that has accrued on the arrears on your case.
Please contact your caseworker to provide the updated information. If you are unsure of who your caseworker is, please see the Child Support Staff page.
In the State of Wisconsin, payments are processed by the WISCTF. If you know your PIN number, you can access information about the last two payments you made or received by calling 1-800-991-5530, or by logging onto the state website.
Contact your caseworker right away. He/she will advise on what your options are regarding potential modification of your order. Keep in mind that a partial payment is better than no payment at all, so you are encouraged to continue paying what you can while researching what your options are.
A work search order means that the Court is ordering you to apply for jobs and track your work search efforts. Written work search logs should be submitted to your caseworker on the frequency/dates as ordered by the Court. Completed logs can be mailed, emailed, faxed or dropped off at the Monroe County Child Support Agency. The Child Support Agency no longer sends printed work search logs for you to use to track your efforts. Please track your efforts on a blank piece of paper listing the date, where you apply, who you speak to, the method of application, and what the outcome of your efforts are.
If you have an active bench warrant for child support please contact the Clerk of Court at 608-269-8745 to discuss options for posting bond.
Alternatively, you could choose to turn yourself into the Monroe County Jail. If you choose that option, you will be given a bond hearing. Bond hearings are held daily at 1:00pm. There is no guarantee you will make the hearing the same day you turn yourself in, but it will be attempted as we make every effort to schedule them as soon as possible.