Legal Question in Family Law in Wisconsin

Child support/ Dental Insurance

My children live in WI with their mother. Recently I switched jobs and my new employer paid my ex $475 too much in child support. My ex told me she would give it to me and now she will not. What can I do abou this? Also, our agreement states that I pay the health insurance for my children. Does this also include dental? It really doesn't spell it out. One last ques. I currently have wage assignment and would like to change that to direct pay through WI. It does state that I can pay by check in agreement but when I call WI they tell me I have to go through court to do this. Is this correct?


Asked on 6/07/07, 2:29 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: Child support/ Dental Insurance

I am assuming that you are ordered to pay a fixed amount of child support. You can contact the Wisconsin Department of Workforce Development at

https://www.dwd.state.wi.us/bcs/payments/

and register so that you may view your balance, after you've logged on. If you have overpaid, you will have a surplus in your account and would be entitled to a refund. You would have to contact the Department of Workforce Development to see how to get it.

Per Wis. Stat. 767.57 the department can keep the payment for future obligations under some circumstances:

(1m) OVERPAYMENT. Notwithstanding ss. 767.511 (6) and 767.531, if the department or its designee receives support or maintenance money that exceeds the amount due in the month in

which it is received and the department or its designee determines that the excess amount is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in

the next month for disbursement in the next month if any of the following applies:

(a) The payee or the payer requests that the overpayment be held until the month when it is due.

(b) The court has ordered that overpayments of child support, family support, or maintenance that do not exceed the amount of support or maintenance due in the next month may be held for disbursement in the next month.

(c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 (3) or 49.19 (4) (h) 1. b. of the

party�s right to the support or maintenance money.

SO, just because you overpaid, does not mean that the payee is entitled to a windfall.

Health care and dental insurance coverages are different. You only need to provide dental coverage if your agreement and/or judgment require it.

Wisconsin frowns on direct pay so it is unlikely you can terminate the assignment without an agreement of the payee.

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Answered on 6/07/07, 3:27 pm


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