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Section 767.531 – Family support

May 14, 2021 | Family Law, Wisconsin

The court may make a financial order designated “family support” as a substitute for child support orders under s. 767.511 and maintenance payment orders under s. 767.56 . Subject to s. 767.511(6m) , a party ordered to pay family support under this section 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 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.

Wis. Stat. ยง 767.531

Amended by Acts 2013 ch, 20,s 2278, eff. 7/2/2013.
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.