– from Philip K. in North Prairie, WI

Question Details:

My wife and I were divorced about two years ago. She was awarded custody and I was ordered to pay support. She is not receiving support from the state and I am up-to-date with my support payments. Does the Child Support Agency have the authority to represent her in this case?

Family Law Attorney Response:

Depending on the specifics of her case, yes. There is nothing that directly bars her from taking this action, and if her financial situation and yours warrants it, they have the right to represent her in this action.

This is demonstrated in the case of Jeske v. Jeske 144 Wis. 2d 364, 424 N.W.2d 196 (1988) (Affirming 138 Wis. 2d 268, 405 N.W.2d 757 (Ct. App. 1987)). The mother brought the action and was represented by the county district attorney. The father argued the Child Support Agency lacked the authority to represent her due to his being current on all payments and the fact that she was not receiving any financial aid. The court found in favor of the argument and dismissed the case. The court of appeals reversed the decision and the supreme court upheld the decision of the court of appeals.

My advice to you is to contact an attorney right away in order to discuss the specifics of your case before moving forward.

Lawyer Holly Mullin from Sterling Law Offices
Holly Mullin, J.D.
Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image