Legal Question in Family Law in Wisconsin
public assistance and child suport
My sons father and I were never married. My son was born in New Jersey and we moved to Wisconsin. I had to ask for public assistance and therefore they are taking the natural father to court for child support. How can I get back child support and do I need legal representation of my own?
1 Answer from Attorneys
Re: public assistance and child suport
See Wis. Stat. 767.89 at, among other places, http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=WI:Default&d=stats&jd=767.89
4) LIABILITY FOR PAST SUPPORT. (a) Subject to par. (b), liability for past support of the child is limited to support for the period after the day on which the petition in the action under s. 767.80 is filed, unless a party shows, to the satisfaction of the court, all of the following:
1. That he or she was induced to delay commencing the action by any of the following:
a. Duress or threats.
b. Actions, promises or representations by the other party upon which the party relied.
c. Actions taken by the other party to evade paternity proceedings.
2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.
(b) In no event may liability for past support of the child be imposed for any period before the birth of the child.
I would expect the child support department to request whatever, if any, back support is available. You should not take this for granted -- ask the child support attorney specifically to do this for you.