Employer Responsibilities

Employer Liability

Employers can be held liable if they do not comply with income withholding notices. An employer who fails to withhold income after receiving a withholding notice or who fails to forward the withheld money may be liable for contempt of court and a financial penalty. Courts may also impose a civil forfeiture on an employer who does not withhold money or who does not send the money to the specified location within five days. Courts may hold an employer responsible for the amounts of support they fail to withhold.

Employers can also be held liable for failing to report New Hire information. The law provides for a penalty of up to $25 for each employee the employer fails to report. The employer can also be held liable for a fine of up to $500 for failing to report or reporting false information because of a conspiracy with an employee. Employers will be notified of any potential penalties and will have an opportunity to contest their application.

An employer may be subject to a fine of up to $500 for discharging an employee from employment, refusing to employ, or taking disciplinary action against any employee because of income withholding for child support. The employer may also be required to make full restitutions to the aggrieved person, including reinstatement and back pay.

Termination Notification

You must notify the agency designated to receive support payments within ten days after an employee terminates employment. The employer must provide the agency with the employee's last known home address and the name of the new employer, if known.

Providing Employee Information

When trying to locate child support payers, child support agencies may contact employers and request information about their employees. Information typically requested includes employment dates, wages, home and work addresses, and health insurance coverage. You are required to provide all information requested by child support staff from Wisconsin within seven days of the request.

You may ask that requests for information be made by letter. If you have concerns about the information being requested, contact the child support agency or the state Bureau of Child Support.

Laws and Regulations for Employers