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Wisconsin Child Support Arrears Interest

Kenosha, WI |

Once actual arrears balance is paid in full can child support agency still continue to use administrative measures such as income withholding, liens, etc. to collect the remaining interest? If so, can they continue at the full monthly amount or can I ask for a lower payment plan? Or is there any way to ask the court to forgive the interest owed to the custodial parent? Or if it can't be forgiven then change it so the money is actual is received by the children since they stopped living with the parent before they were 18 and have had no contact with the parent receiving the money? Custodial parent won't return communication about forgiveness? Also have younger children under the age of 18 with a second family that I would prefer to switch this support to.

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Attorney answers 1

Posted

Child support arrears include the interest, so the principal answer to your inquiry is yes. Put another way, you are not paying off "arrears balance . . . in full" if there still exists any interest. Generally the rate is 10% above the child support amount to pay for all arrears (principal and interest, from your terms). It is possible to negotiate a reduction in arrears, but it takes experience and some luck. As for the obligee (person receiving child support), it sounds as though your operative orders are incorrect and you should correct them through the court with a motion to modify. I suggest you seek the assistance of a Wisconsin licensed attorney that specializes in custody, placement and child support. You should be advised there is no connection between child support and placement; to connect or threaten any denial of placement rights because of the child support status is a potential felony. Good luck.

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Asker

Posted

Current support ended two years ago (so youngest child in this order is now 20). I was told that the court can't do anything now since both are over 18 (20 and 22). I have had to live in a different state to be with my family and the mother did not allow visitation and limited contact because I was behind in child support because changes in circumstances and the CSA would not do a review to modify the order. Only through other family and after both children were in trouble that both ended up leaving their mothers household but still continued to receive the support money. The Children since both turning 18 have contacted me for money support which I can't send them directly since it is taken through income withholding and given to their mother. Since the main reason of the money is support for them it would not be an issue if they were in contact with her and they recorded benefit from the money that I continue to pay. However since they don't and the CSA states they are only involved to continue to collect the money I am looking for what options are available to me in this situation.

James CW Bock

James CW Bock

Posted

You may move the court for a modification regardless of what the CSA says. All you have to do is notice the CSA of your motion to modify and/or terminate. Termination of support depends on the language in the support order, that is what is emancipation, but you can still move to modify the support amount and the obligee (change to children instead of mother). Send me an email directly with county and case number and I will send you a link to the forms. Good luck.