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Who gets the interest on child support arrears in Wisconsin? Interest is charged on child support greater than one month's payments. That interest is owed to the state and gets paid to the state. For this reason, the state can forgive interest arrears in some situations.
Wisconsin child support is intended for the child's benefit, though it is paid to a parent. Therefore, Wisconsin law does not allow parents to waive support on the child's behalf. Even if the parents agree, a permanent waiver is not permitted.
(2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class I felony.
A new spouse is not obligated to pay support for children that are not theirs, nor are they obligated to support the ex spouse by making maintenance payments. The new spouse's income is not considered for purposes of child support and/or maintenance payments in the state of Wisconsin.
Child support laws are enforced aggressively when payments become delinquent as parents are required by law to financially provide for their children. Failure to pay child support is considered contempt of court, a very serious offense.
It is up to the person who is owed the money to forgive it or not. However, if the arrears have interest on them, that interest is owed to the state. For interest on arrears, the state decides whether to forgive the money or not.
Failure to support, as defined in § 948.22 of the Criminal Code of Wisconsin, is committed by one who intentionally fails for 120 or more consecutive days to provide spousal or child support which the person knows or reasonably should know the person is legally obligated to provide.
Wisconsin's Statute of Limitations on Back Child Support Payments (Arrears) Enforcement of past due child support in Wisconsin is subject to a 20 year statute of limitations.