767.531 Family support. Subject to s. 767.511 (6m), a party ordered to pay family support under this section, 2019 stats., shall pay simple interest at the rate of 1 percent 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 s. 767.511 (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1 percent per month shall accrue on the total amount of child support in arrears, if any. Interest under this section 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), the department or its designee shall apply all payments received for family support ordered under this section, 2019 stats., as follows:
(1) First, to payment of family support due within the calendar month during which the payment is received.
(2) Second, to payment of unpaid family support due before the payment is received.
(3) Third, to payment of interest accruing on unpaid family support.
History: 1977 c. 105; 1979 c. 32 ss. 50, 92 (4); Stats. 1979 s. 767.261; 1983 a. 27; 1985 a. 29; 1993 a. 481; 1995 a. 279; 1997 a. 27, 191; 1999 a. 9, 32; 2005 a. 443 s. 111; Stats. 2005 s. 767.531; 2013 a. 20; 2021 a. 35.
This section does not limit the authority a trial court would otherwise have to consider imposing interest on unpaid maintenance arrears. Cashin v. Cashin, 2004 WI App 92, 273 Wis. 2d 754, 681 N.W.2d 255, 03-1010.
Under former s. 767.531, 2019 stats., the circuit court must separately calculate child support and maintenance as a condition precedent to calculating family support. If the court applies the percentage guidelines when setting child support, it must set family support at an amount that results in a net payment, after state and federal taxes are paid, of no less than the child support as calculated under the guidelines. Even if a court makes detailed findings as to all of the factors for family support, the court erroneously exercises its discretion if it neglects to provide a rational explanation of how its findings lead to the support award. Vlies v. Brookman, 2005 WI App 158, 285 Wis. 2d 411, 701 N.W.2d 642, 04-0315.
It is evident from the statutory framework and the purpose of family support that at least a portion of family support ordered in any case involving minor children is child support. With respect to child support, any provision in a marital settlement agreement that purports to limit a child support payee's ability to seek a support modification upon a substantial change in circumstances is against public policy and cannot provide a basis to estop the payee from seeking a modification. Huhn v. Stuckmann, 2009 WI App 127, 321 Wis. 2d 169, 772 N.W.2d 744, 08-3102.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 767 - Actions affecting the family.
767.041 - Full faith and credit; comity.
767.055 - Uniform Divorce Recognition Act.
767.105 - Information from the office of family court commissioner.
767.117 - Prohibited acts during pendency of action.
767.127 - Financial disclosure.
767.13 - Impoundment of record.
767.16 - Circuit court commissioner or law partner; when interested; procedure.
767.18 - Actions to affirm marriage.
767.201 - Civil procedure generally governs.
767.205 - Parties; title of actions.
767.215 - Initiating action; petition and response.
767.217 - Notice to Child Support Program.
767.225 - Orders during pendency of action.
767.235 - Trial or hearing on judgment.
767.241 - Award of attorney fees and other fees and costs.
767.251 - Content, preparation, and approval of judgment.
767.264 - Dismissal; vacation; substitution or withdrawal of attorney.
767.273 - Allowances pending appeal.
767.281 - Filing procedures and orders for enforcement or modification of judgments or orders.
767.301 - Residence requirements.
767.315 - Grounds for divorce and legal separation.
767.323 - Suspension of proceedings to effect reconciliation.
767.331 - Actions for certain interspousal remedies.
767.333 - Initial orders based on stipulation prior to judgment.
767.335 - Waiting period for final hearing or trial.
767.34 - Court-approved stipulation.
767.35 - Judgment of divorce or legal separation.
767.36 - Copies of judgment to parties.
767.375 - Effect on transfers at death.
767.385 - Maintenance, legal custody, and support when divorce or separation denied.
767.401 - Educational programs and classes.
767.405 - Family court services.
767.407 - Guardian ad litem for minor children.
767.41 - Custody and physical placement.
767.43 - Visitation rights of certain persons.
767.44 - Prohibiting visitation or physical placement if a parent kills other parent.
767.451 - Revision of legal custody and physical placement orders.
767.461 - Revisions agreed to by stipulation.
767.471 - Enforcement of physical placement orders.
767.481 - Relocating a child's residence.
767.501 - Actions to compel support.
767.513 - Child health care expenses.
767.521 - Action by state for child support.
767.54 - Required exchange of financial information.
767.55 - Child support: employment-related orders.
767.553 - Annual adjustments in support orders.
767.57 - Maintenance, child support, and family support payments; fees.
767.58 - Notice of change of employer, address, and ability to pay; other information.
767.59 - Revision of support and maintenance orders.
767.63 - Disposed assets may be subject to division.
767.70 - Child support enforcement: notice and service of process.
767.71 - Reconciling percentage-expressed support orders.
767.73 - Delinquent child or family support; suspension of operating privilege.
767.75 - Assignment of income for payment obligations.
767.77 - Enforcement of payment obligations.
767.78 - Enforcement; contempt proceedings.
767.80 - Determination of paternity.
767.803 - Determination of marital children.
767.804 - Genetic test results.
767.805 - Voluntary acknowledgment of paternity.
767.814 - Names on pleadings after paternity determined.
767.815 - Enlargement of time in a paternity proceeding.
767.82 - Paternity procedures.
767.84 - Genetic tests in paternity actions.
767.853 - Paternity hearings and records; confidentiality.
767.855 - Dismissal if adjudication not in child's best interest.
767.86 - Time of first appearance.
767.865 - Deceased respondent.
767.87 - Testimony and evidence relating to paternity.
767.88 - Pretrial paternity proceedings.
767.893 - Default and stipulated judgments.
767.895 - Motion to reopen judgment based on statement acknowledging paternity.