Past Due Child Support in Wisconsin

When parents separate, divorce, or otherwise raise a child in different households, one parent may be ordered to pay child support to the other. But what happens when those payments are missed or only partially paid?

That unpaid amount is known as child support arrears.

How Is Past-Due Child Support Tracked?

Wisconsin child support payments must go through the Wisconsin Support Collections Trust Fund.

A payment made directly to the other parent, such as a private electronic transfer, may not appear in the official record or automatically reduce the amount owed.

A parent who questions the balance should obtain an official payment history and compare it with the child support order, bank statements, canceled checks, money orders, and any written agreements.

When Can a Parent Receive Credit Toward Past-Due Support?

In certain situations, the court may reduce the amount owed even when the official payment record does not show why a credit should be given.

Under Wis. Stat. § 767.59(1r)(b)–(f), credit may be available when:

• records show that the parent paid the other parent directly by check or money order and that the payment was intended as child support, rather than as a gift or payment of another expense;
• a written agreement shows that the other parent expressly agreed to accept payments made outside the required system;
• the child received qualifying Social Security dependent benefits based on the paying parent’s entitlement to federal disability insurance benefits;
• the child lived with the paying parent, by agreement between the parents, for more than 60 days beyond the court-ordered placement schedule; or
• the parents resumed living together with the child, and the paying parent directly supported the household by at least the amount of support that came due during that period.

Each of those situations has specific proof requirements. For example, credit for additional placement time is not available if the other parent tried to enforce the placement order during that period or proves that the change was not mutually agreed upon. Wis. Stat. § 767.59(1r)(e).

What Happens If a Parent Loses a Job?

Child support does not change automatically when a parent loses a job. Until the court modifies the order, the full amount remains due, and any unpaid amount becomes in arrears.

A job loss or major decrease in income may justify reducing child support going forward, but a reduction is not guaranteed. The court may consider factors such as the paying parent’s current income as well as their ability to earn income. Wis. Stat. § 767.59(1f)(a), (c)1., 3.

If a paying parent wishes to reduce their support payments due to a job loss, they should request a modification promptly. A court generally cannot reduce support that came due before the other parent received notice of the request to modify. Wis. Stat. § 767.59(1m).

Can a Parent Stop Paying When Placement Is Denied?

“Violation of physical placement rights by the custodial parent does not constitute reason for failure to meet child support obligations.” Wis. Stat. § 767.511(3).

A parent who is wrongfully denied placement may ask the court to enforce the placement order under Wis. Stat. § 767.471, but they must continue paying child support in the meantime. The placement issue should be addressed through the court rather than by withholding support.

Does Interest Accrue on Past-Due Child Support?

According to the Wisconsin Department of Children and Families, any past-due support accrues simple interest at 0.5% per month, or 6% per year, once the balance equals or exceeds one month’s support obligation. Interest continues to accrue even while payments are being made toward the debt.

How Does Wisconsin Enforce Past-Due Child Support?

When court-ordered support is not paid, the local child support agency or circuit court commissioner must take steps to collect it. Wis. Stat. § 767.57(1h).

Under Wis. Stat. § 767.77(3), a court may enforce past-due support through:

• contempt proceedings;
• a money judgment for the unpaid amount;
• collection from certain attached property;
• garnishment; or
• execution of the judgment or order.

The Wisconsin Child Support Program may increase income withholding or help the parent establish a payment plan. Once the balance reaches the applicable requirements, tax-refund intercepts, federal enforcement actions, and child support liens occur automatically. License restrictions may also apply on a case-by-case basis.

A payment plan requires the parent to continue paying current support while making regular payments toward the past-due balance. Following the plan can stop certain actions involving licenses, bank accounts, and titled property. However, it does not remove an existing lien, stop tax-refund interception or the interception of lump-sum payments from public-retirement funds, or prevent passport denial.

Criminal Penalties for Non-Payment

More serious cases may lead to criminal charges. Intentionally failing for 120 or more consecutive days to provide support that a person knows or reasonably should know they are legally required to provide is a Class I felony. An intentional failure lasting fewer than 120 consecutive days is a Class A misdemeanor. Wis. Stat. § 948.22(2)–(3).

Not every missed or late payment is criminal. The failure must be intentional, and the inability to provide support may be asserted as an affirmative defense. Wis. Stat. § 948.22(6).

Does Past-Due Child Support End When a Child Turns 18?

Past-due support does not disappear when a child turns 18. Current support ordinarily ends at age 18, but it may continue while the child is under the age of 19 and pursuing an accredited course leading to a high school diploma or its equivalent. Wis. Stat. § 767.511(4).

Even after current support ends, the unpaid balance remains enforceable. Wis. Stat. § 767.77(3).

An action to collect unpaid child or family support generally must be started within 20 years after the youngest child covered by the order turns 18. If that child is enrolled full-time in high school or its equivalent, the period instead runs from the child’s nineteenth birthday. Wis. Stat. § 893.415(2).

Can Past-Due Child Support Be Reduced or Forgiven?

Parents may agree to reduce or waive past-due support that is owed to the parent receiving support, but the court must approve the agreement. See Motte v. Motte, 2007 WI App 111, ¶¶ 23–26, 300 Wis. 2d 621, 731 N.W.2d 294.

An informal promise does not change the official balance, and a verbal agreement or text message saying that support does not need to be paid is not a substitute for court approval.

State-Assigned Arrears

Some cases may also include past-due support that was assigned to the State of Wisconsin under public-assistance rules. Unlike past-due support owed to the other parent, that amount is controlled by the state and cannot be reduced or waived through the parents’ agreement. Questions about a state-assigned balance should be addressed with the local child support agency.

Family Law Issues Often Overlap

Parents dealing with past-due child support in Wisconsin often have questions about other legal issues affecting their children, including custody, placement, visitation schedules, and even topics such as the curfew for children in Wisconsin. While child support and juvenile curfew laws are governed by different legal standards, understanding your rights and responsibilities in each area can help you make informed decisions for your family. If you have questions about child support or other family law matters, an experienced Wisconsin family law attorney can help.