Can interest be charged on child support arrears in Wisconsin?
Full Question:
I stay in Wisconsin. For the last 6 months, I am not receiving any child support. The child support amount has become overdue. Am I entitled to get the arrears with interest?
01/18/2017 |
Category: Divorce ยป Child Support |
State: Wisconsin |
#30513
Answer:
“***
(6) INTEREST ON ARREARAGE.
Subject to sub. (6m), a party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. Subject to sub. (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:
(a) First, to payment of child support due within the calendar month during which the payment is received.
(b) Second, to payment of unpaid child support due before the payment is received.
(c) Third, to payment of interest accruing on unpaid child support.
***”
In Wisconsin, a party ordered to pay child support shall pay an interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. The provision in this regard has been provided in Wis. Stat. § 767.511, which reads as follows:
“***
(6) INTEREST ON ARREARAGE.
Subject to sub. (6m), a party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. Subject to sub. (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:
(a) First, to payment of child support due within the calendar month during which the payment is received.
(b) Second, to payment of unpaid child support due before the payment is received.
(c) Third, to payment of interest accruing on unpaid child support.
***”
