Wisconsin statute: 767.293
767.293 Affidavit for certain arrearages. (1) If an order
for child support under this chapter or s. 94822 (7), an order for family
support under this chapter or a stipulation approved by the court or
the family court commissioner for child support under this chapter requires
a payer to pay child or family support in an amount that is expressed
as a percentage of parental income, the payee, including the state or
a county child support agency under s. 59.53 (5) if the state is a real
party in interest under s. 767.075 (1), may establish an arrearage by
filing an affidavit in the action in which the order for the payment
of support was entered or the stipulation for support was approved. The
affidavit shall state the amount of the arrearage and the facts supporting
a reasonable basis on which the arrearage was determined and may state
the payer's current income and the facts supporting a reasonable basis
on which the payer's current income was determined. Not later than 60
days after filing the affidavit, the payee shall serve the affidavit
on the payer in the manner provided in s. 801.11 (1) (a) or (b) or by
sending the affidavit by registered or certified mail to the last-known
address of the payer. After the payee files a proof of service on the
payer, the court shall send a notice to the payer by regular, registered
or certified mail to the payer's last-known address. The notice shall
provide that, unless the payer requests a hearing to dispute the arrearage
or the amount of the arrearage not later than 20 days after the date
of the notice, the court or family court commissioner may enter an order
against the payer in the amount stated in the affidavit and may provide
notice of assignment under s. 767.265. The notice shall include the mailing
address to which the request for hearing must be mailed or delivered
in order to schedule a hearing under sub. (2).
(2) If the payer makes a timely request for a hearing, the court or
family court commissioner shall hold a hearing on the issue of the amount
of the arrearage, if any. If the court or family court commissioner determines
after hearing that an arrearage exists, the court or family court commissioner
shall enter an order establishing an arrearage in the amount determined
by the court or family court commissioner and may send notice of assignment
under s.767.265.
(3) If the court or family court commissioner sends the notice under
sub. (1) and the payer fails to make a timely request for a hearing,
the court or family court commissioner, if the affidavit
demonstrates to the satisfaction of the court or family court commissioner
that an arrearage exists, shall enter an order establishing an arrearage
in the amount determined by the court or family court commissioner and
may send notice of assignment under s. 767.265. The court or family court
commissioner shall send the
order to the payer's last-known address and shall inform the payer whether
an assignment is in effect and that the payer may, within a 10-day period,
by motion request a hearing on the issue of whether the order should
be vacated or the assignment should be withdrawn.
(4) An assignment under sub. (2) or (3) shall replace
any assignment in effect for the order or stipulation on which the arrearage
is based. An assignment under sub. (2) or (3) shall be for an amount
sufficient to ensure payment under the order or stipulation on which
the arrearage is based and to pay the arrearage determined under sub.
(2) or (3), together with any arrearages due before the proceeding under
this section, at a periodic rate not to exceed 50% of the amount of support
due under the order or stipulation on which the arrearage determined
under sub. (2) or (3) is based., except that the total amount withheld
under the assignment may not leave the payer at an income below the poverty
line established under 42 USC 9902 (2).
Judge Mary K. Wagner has always enforced me to live in
poverty, but when she threw me in jail she put me beyond poverty. She
gave me a greater totoal of Child Support Arrears for 2004 than I even
made. My total before taxes is less than my arrears she instigated.
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