Legal Question in Family Law in Wisconsin

Paternity

I have a son 22 yrs old who was born in Wisconsin. I put the wrong name down as to who the father was when applying for public assistance. I had sex with two guys about a month or so apart. The first guy I caught a STD from him and did not speak to him anymore after that. The second guy was a rebound from the first guy. Got pregnant and assumed it was the 2nd guy's. Told the 2nd guy I was pregnant & he dropped me and moved out of town. My baby was six months old when the 1st guy and I talked and realized he was the father. Went back to college, worked and earned my BS degree. The 1st guy has a relationship with my son, but did not help out financially (we are not married nor do we have a relationship). I had no idea that Wisconsin was looking for this 2nd guy to get back child support. I recently received 7 checks in the mail (totaling $90) from the State of Wisconsin with the 2nd guy's name on the check. I called the number on the check, asked what this was for and they said �back� child support! I have not cashed ANY of these checks. He is paying between $10-$25 per month. What do I do about this? Will they prosecute me for fraud? How do I get these payments stopped? Please advise me. Thank you.


Asked on 8/10/00, 9:36 pm

1 Answer from Attorneys
Ernesto Romero Romero Law Office

Re: Paternity

Speak with a criminal defense attorney. As I am not a criminal defense attorney I cannnot help you with respect to the fraud issue.

The most ethical thing to do is to have a DNA test (saliva cheek cell test) with your son and Mr. #2 and Mr. #1 Inform #2 that there is an error and that it will be his responsiblity to correct this error in court by reopening a paternity judgment under Sec. 806.07 and Chpt. 767 and stop the support. You can also agree with him to stop all child support by waiving it! Just fill out forms A26 and A27 on my site at wwww.WisconsinForms.com and write that you waive all support and interests and it would be a good idea to notarize it.

I don't know how old the judgment is. Hold on to the money. All this should also be filed with the judge and the dept of child support.

Good luck.

Atty. E. Romero

wwww.WisconsinForms.com

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Answered on 8/11/00, 8:45 am


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