– from Ronald M. in Greendale, WI

Question Details:

My ex-wife was pregnant with our baby here in Wisconsin. She moved to another state while we completed our divorce and gave birth in that state. She filed a motion against me there, and I adhered to the courts decision that I pay for medical costs. The mother and I stipulated that I would pay a lump sum instead of support payments. Now she has moved back to Wisconsin and is taking me to court for child support. Can I be held liable for additional payments?

Family Law Attorney Response:

I would need to know the details of the court case and wording of the stipulation, but yes, you may be liable for additional child support payments.

In the case of Weidner v. W.G.N. (In re Paternity of B.W.S.) 131 Wis. 2d 301, 388 N.W.2d 615 (1986) (Affirming 125 Wis. 2d 212, 371 N.W.2d 379 (Ct. App. 1985)), a father had entered into a similar agreement with the state of Michigan, where his child was born. Upon his wife's return to Wisconsin, he was ordered to pay 10% of his income in child support. He appealed, and the court of appeals affirmed. He petitioned the supreme court, and the supreme court affirmed. Your case, however, will be judged on its own merits

Contact a family law attorney right away to discuss the specifics of your situation. They will tell you the best route to proceed.

Dan Exner, J.D.

Family Law Attorney

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