Restitution Order Conversion

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Marisa B. McFarlane

Case No.: 2017AP506-CR

Officials: Lundsten, P.J., Blanchard, and Fitzpatrick, JJ.

Focus: Restitution Order Conversion

Marisa McFarlane entered pleas of no contest to charges of intentional failure to pay child support. Consistent with the plea agreement, the sentencing court issued a restitution order obligating McFarlane to pay all arrearages—child support that she had been previously ordered to pay that she had not paid—plus interest that had accrued on the arrearages and fees. McFarlane filed a post-conviction motion challenging the restitution order. She did not challenge the arrearages, interest, and fees owed, but asked the court to “convert” the restitution order into an order for payment of unpaid child support, which would allow her to avoid paying the automatic 10% surcharge that is added to all restitution orders. The circuit court denied the motion and McFarlane appeals. We affirm for the reasons provided below.

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