– from Wayne S. in Sussex, WI

Question Details:

My wife and I went through a divorce a few years back. She was awarded the children and I paid child support. Recently I heard a rumor and asked the court for a blood test. It turns out the child I paid support for was not my own. I never knew and wish to be reimbursed for the support payments. Is this possible?

Family Law Attorney Response:

Mistakes or new information can lead to a different judgment.

In Strawser v. Strawser, 126 Wis.2d 485, 377 N.W.2d 196 (Ct. App. 1985), a formal judgment was entered but needed correction. In any case where the court did actually make a formal judgment, but the same has not been entered on the record in consequence of any accident or mistake, or through the neglect or misprision of the clerk, the court has the power to order that the judgment once pronounced be entered nunc pro tunc, upon the production of proper evidence to establish the fact of the judgment and to show its terms and character and the relief granted.

Give me a call so we can determine what the next step is so we can look to have you refunded for those child support payments.

Dan Exner, J.D.

Family Law Attorney

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