Frequently Asked Questions
Frequently Asked Questions
A: Yes and No. The monetary portion of your child support order will not change. For example, if an individual was ordered to pay $500.00 per month in child support by the County Circuit Court, that amount will remain in effect upon transfer to the Tribal Court and Tribal Child Support Services. Only a Court Order can change the amount you are ordered to pay or receive in child support. Upon transfer to the Tribe, your case may be reviewed. If a formal review is to be completed, you will be contacted by your Lac Courte Oreilles Child Support Services Child Support Specialist. As with a County Child Support Agency, a party can choose to request a review of your case at any time there has been a substantial change in circumstances. Some specifics of your order may change upon transfer to the Tribe such as the number of work searches required each week/month, where payments should be made, interest on unpaid support, etc. Additionally, enforcement measures vary greatly between State of WI County Child Support Agencies and the Lac Courte Oreilles Child Support Services. You should contact the County Child Support Agency and the Lac Courte Oreilles Child Support Services if you have questions on case transfers.
A: No. A misconception we have heard from the community is when your case transfers to the Tribe that you will start receiving firewood, fish, or other goods and services in lieu of cash support. That is NOT true. If you are or should be expecting to receive cash child support based upon your order that transfers, then that is what our program will enforce. Non-Cash Support is a unique option to tribal child support cases. This option can only be used for Current Support. Non-Cash Support can only be used if it is agreed upon by both parties; there has to be a dollar amount assigned; and the order for Non-Cash Support must be approved and signed by the Tribal Court Judge.
A: Child Support Services Staff are bound by the Lac Courte Oreilles Tribal Governmental Personnel Policy, the LCO Child Support Services Policy, Federal Guidelines and IRS Safeguarding. Staff of the Child Support Services undergo annual IRS Safeguarding and Disclosure Training. Child Support disclosures to case participants or to other individuals for any purpose related to the administration of the program are permitted under Wis. Stat. 49.83, unless such disclosure is specifically prohibited by state or federal law, or privacy protection restrictions. For example, information disclosed while conducting a child support investigation, locating a parent, establishing paternity, communication with employers, or requesting information from other persons under Wis. Stat. 49.22(2m)(a), as necessary for child support purposes, would constitute authorized disclosures. Disclosures to participants, as necessary to explain distribution of child support funds or the legal basis for assignment of support, may be appropriate as long as the disclosure is limited to providing the information necessary for child support Services administration and such disclosure is not otherwise prohibited by privacy protection, or other state or federal law. Designated agencies that may require communication in order to run effective programing based on their rules, laws and regulations are Title IV-A (TANF), Title IV-E (Foster Care, Kinship Care), Title IV-B (Child protective services), Title XIX (Medicaid), Title XXI (SCHIP/certain BadgerCare) and the Supplemental Nutrition Assistance Program/ formerly Food Stamps (SNAP).
A: Since going comprehensive November 30, 2012. the LCO Child Support Services has begun to transfer eligible cases from Sawyer County Child Support Agency. First and foremost, it is an exercise and affirmation of the Tribe’s sovereignty to manage child support cases involving its Members. Even though Wisconsin has concurrent adjudicatory jurisdiction under Public Law 280, there are still many reasons why a Tribe would want to handle its members’ and residents’ child support cases. First, it will be more practical and convenient for reservation residents to be able to access a tribal child support office. Second, child support deals with families. Tribal families are often culturally unique. A tribal child support agency will have a better understanding of cultural issues that may be associated with paternity and child support.
A: No. LCO Child Support Services does not use the Wisconsin KIDS system State Disbursement Unit (SDU). All collections will be paid through our agency and distributed with a smiONE Tribal Debit Card. We advise that you keep your WI State debit card for at least 2 months after your case transfers to allow for any money that may be collected through the state to still be deposited to your card.
A: The LCO Child Support Services is now providing an easier and safer way to receive and manage your child support payments. The checks our program participants were previously receiving will now be replaced by the smiONE Tribal Debit Card. Starting June 13th 2016 all custodial parties with an open child support cases with the LCO Child Support Services had been mailed their smiONE Tribal Debit Card to the most current mailing address on file. The smiONE Tribal Debit Card eliminates the possibility of lost or stolen checks, costly check cashing fees, postal service delays, and can be used anywhere VISA is accepted. It also provides easy access to your child support payments. When you receive your card follow all directions provided to activate your new smiONE Tribal Debit Card. Please visit their website to see all available options.Tribal smiONE Prepaid Card
A: If a woman is married when she becomes pregnant or at the time of the child’s birth, her husband is considered, by law, the legal father of the child. If a woman is not married at the time of the child’s conception or birth, paternity needs to be established after the child is born.
You may be eligible for child support services if you are the parent of a minor child or have physical placement of a minor child.
A: An order for child support may include provisions for: A monetary amount to be paid to the custodial party; Medical, dental and vision care coverage for the child; Other provisions specific to the child’s needs.
Child Support Myths vs. Child Support Facts
gThere are many misconceptions regarding child support. If you have any questions, we are here to help. Please contact us so we can help you.
Some of the most common myths related to child support are:
1. If a parent doesn't get to see their child either by their choice, a court order, or other circumstances you don't have to pay child support.
This is FALSE. If you are ordered to pay child support, you must pay child support. If you are have concerns on your ability to see your child(ren), contact the court of your jurisdiction regarding modifying your placement order.
2. Child Support ends when the child turns 18.
This is not always the case. Generally, if a child is an enrolled full time high school student at the time of their 18th birthday, current child support will end of the high school graduation date. Any unpaid support (also called arrears or past due support) will still be enforced until the balance is zero or until further order of the court. Collection of unpaid support will generally continue at the rate that current support was previously ordered plus any ordered payment for past due support. Example: Current support was $100.00 per month and $25.00 per month for past due support. Child turns 18/graduates high school and an arrears balance remains. Arrears will be collected at $125.00 per month until paid in full or further order of the court.
3. If parents have joint custody, nobody pays support.
This is not always the case. Generally, where the child lives (also called placement) is what the child support order is based upon. So, if parents have joint custody and one parent has primary physical placement, the other parent generally will be obligated to pay support if ordered. Shared Placement guidelines are used when both parents have COURT ordered physical placement times that meet the number of overnights required to use Shared Placement guidelines. When Shared Placement Guidelines are used, the income or earning capacity of both parents is taken into consideration when establishing an order for support.
4. Child Support payments can only be spent on the child.
Child Support payments may be used for indirect support of the child for items such as food, clothing, housing, electricity, insurance, extra curricular activities, etc. Generally, child support payments are used for the care of the child and the paying parent cannot dictate how the child support is used. Unless otherwise ordered, there is no legal responsibility for the other parent to tell the paying parent how child support is being spent.
5. If you quit your job or intentionally reduce your income to lower your child support obligation, you will not have to pay as much support.
While child support agencies continuously seek "right size orders", intentionally reducing your income to evade or reduce your child support obligation is considered an aversion tactic and may not always reduce your order. It is important that you contact your child support worker whenever your income/employment situation changes so that your order may be reviewed for possible modification.
6. If you cannot pay your child support, you will automatically go to jail or a warrant will be issued for your arrest.
Generally, if you notify your child support worker of your ability to pay, report work searches, and/or are in contact with your case worker on a regular basis, jailing can be avoided. Enforcement by jailing is on a case by case basis. Always be in contact with your child support case worker to avoid this type of situation.
7. Child support is a punishment.
This is not true. Child Support is not meant to punish. It is ordered to ensure the child(ren) can have the same standard of living as if both parents resided in the same household and/or to ensure the child(ren) have their basic needs met. Child Support calculations are not random and are based upon numeric values and figures calculated for each specific case.
8. The child support agency keeps all or some of the child support paid.
For LCO Child Support, this is NOT true. LCO Child Support does not keep ANY funds collected. All child support received is paid out directly to the party/parent/entity to which the support is owed.
Some of the most common myths related to child support are:
1. If a parent doesn't get to see their child either by their choice, a court order, or other circumstances you don't have to pay child support.
This is FALSE. If you are ordered to pay child support, you must pay child support. If you are have concerns on your ability to see your child(ren), contact the court of your jurisdiction regarding modifying your placement order.
2. Child Support ends when the child turns 18.
This is not always the case. Generally, if a child is an enrolled full time high school student at the time of their 18th birthday, current child support will end of the high school graduation date. Any unpaid support (also called arrears or past due support) will still be enforced until the balance is zero or until further order of the court. Collection of unpaid support will generally continue at the rate that current support was previously ordered plus any ordered payment for past due support. Example: Current support was $100.00 per month and $25.00 per month for past due support. Child turns 18/graduates high school and an arrears balance remains. Arrears will be collected at $125.00 per month until paid in full or further order of the court.
3. If parents have joint custody, nobody pays support.
This is not always the case. Generally, where the child lives (also called placement) is what the child support order is based upon. So, if parents have joint custody and one parent has primary physical placement, the other parent generally will be obligated to pay support if ordered. Shared Placement guidelines are used when both parents have COURT ordered physical placement times that meet the number of overnights required to use Shared Placement guidelines. When Shared Placement Guidelines are used, the income or earning capacity of both parents is taken into consideration when establishing an order for support.
4. Child Support payments can only be spent on the child.
Child Support payments may be used for indirect support of the child for items such as food, clothing, housing, electricity, insurance, extra curricular activities, etc. Generally, child support payments are used for the care of the child and the paying parent cannot dictate how the child support is used. Unless otherwise ordered, there is no legal responsibility for the other parent to tell the paying parent how child support is being spent.
5. If you quit your job or intentionally reduce your income to lower your child support obligation, you will not have to pay as much support.
While child support agencies continuously seek "right size orders", intentionally reducing your income to evade or reduce your child support obligation is considered an aversion tactic and may not always reduce your order. It is important that you contact your child support worker whenever your income/employment situation changes so that your order may be reviewed for possible modification.
6. If you cannot pay your child support, you will automatically go to jail or a warrant will be issued for your arrest.
Generally, if you notify your child support worker of your ability to pay, report work searches, and/or are in contact with your case worker on a regular basis, jailing can be avoided. Enforcement by jailing is on a case by case basis. Always be in contact with your child support case worker to avoid this type of situation.
7. Child support is a punishment.
This is not true. Child Support is not meant to punish. It is ordered to ensure the child(ren) can have the same standard of living as if both parents resided in the same household and/or to ensure the child(ren) have their basic needs met. Child Support calculations are not random and are based upon numeric values and figures calculated for each specific case.
8. The child support agency keeps all or some of the child support paid.
For LCO Child Support, this is NOT true. LCO Child Support does not keep ANY funds collected. All child support received is paid out directly to the party/parent/entity to which the support is owed.
