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Statute of Limitations on Child Support for Wisconsin

Wisconsin child support statute of limitations including the civil code, what age paternity must be established and emancipate rules.

Wisconsin Age of Majority: when child support payments can be stopped.

18

Statutory cite or civil code reference for the age of majority?

880.01(7)

If not addressed in the order, at what age is child support automatically terminated as a matter of State law?

SS.767.25(4) and 767.51(4) provide for support until age 18 unless the child is still in high school or pursuing a course of education designed to lead to a high school diploma or its equivalent, in which case support continues until age 19.

Does the date of the order impact what law is applied?

No, child support is not a vested right until the child reaches the age of majority. Therefore, if the age of majority changed during the term of an order, it would change for purposes of the order as well.

Does child support end if the child leaves the household but does not emancipate?

No

Is support ever paid beyond the age of majority?

No

Statute of Limitations to enforce a child support order.

20 years. There is some confusion as to whether it is 20 years after the children reach the age of majority or 20 years from the date the arrearage accrued. Child support has always interpreted it to be the former, but there is currently a case pending in the Wisconsin Supreme Court on this issue.

Statute of Limitations to establish paternity:

19 years of age, but there is no limit on a voluntary paternity acknowledgment.

Is dormancy revival/renewal possible?

Yes, if a paternity action is dismissed with prejudice it is a dismissal on the merits and cannot be recommenced. An action dismissed without prejudice, however, can be recommenced.

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