Legal Question in Family Law in Wisconsin
pat child support
I divorced my husband of 10 1/2 yrs in 1984 for mental/physical abuse & adultry, received full custody of our sons, ages 7 & 9, our house, my 7-yr old car, & $400/mo child support. Lost the house in Nov1985 because he refused to quit-claim it to me per court orders, so it went into foreclosure (I had made all pymts myself since he left us in Feb1981). He paid 13 months' pymts between Aug84 & Nov95 when youngest son turned 18. We've just learned this ''poor, unemployed, sick man'' (his self-described reason for not paying support all those years) is moving into a new, custom-built home with his current wife. Both sons could really use the past monies due them (one has health issues, the other is being deployed w/Army soon). It just tears me up to remember all those years we lived on mac & cheese, hot dogs, & oatmeal & wearing clothing from Goodwill, & he was living in nice homes, driving newer cars, supporting his step-children & step-grandchildren, and filing bankruptcy every 7 years to avoid child support. He also moved frequently from state to state (IL, MO, NE, CA, CO, NC, VA, SC, FL). Is it too late to collect the past due support? He now lives in SC, oldest son & I are in WI, younger son is in CT, divorce was in IL.
1 Answer from Attorneys
Re: pat child support
Generally, the statute of limitations to collect support is 20 years after the last child turns 18. See the statute below.
893.415 Action to collect support. (1) In this section, �action� means any proceeding brought before a court, whether commenced by a petition, motion, order to show cause, or other pleading.
(2) An action to collect child or family support owed under a judgment or order entered under ch. 767, or to collect child support owed under a judgment or order entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), 938.363 (2), or 948.22 (7), shall be commenced
within 20 years after the youngest child for whom the support was
ordered under the judgment or order reaches the age of 18 or, if the
child is enrolled full−time in high school or its equivalent, reaches
the age of 19.
(3) An action under this section is commenced when the petition,
motion, order to show cause, or other pleading commencing the action is filed with the court, except that an action under this section is not commenced if proper notice of the action, as
required by law or by the court, has not been provided to the respondent in the action within 90 days after the petition, motion, order to show cause, or other pleading is filed.
History: 2003 a. 287
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