Can I not pay child support in Wisconsin if no order was filed? | Sterling Law Offices, S.C. global $post;
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– from Howard B. in Merton, WI

Question Details:

One woman I had relations with recently had a kid. She believes I am the father and a case occurred involving the two of us. In court, the district attorney helped draft an agreement stating I was the father. I never agreed to this and there was no judgment or order recorded. The woman wants me to pay child support that I never agreed to. Can I avoid this?

Family Law Attorney Response:

I need to know more details regarding your case, however I feel it is possible to avoid the payments.

In the case State ex rel. M.L.B. v. D.G.H. 122 Wis.2d 536, 363 N.W.2d 419 (1985), a mother and alleged father entered into an agreement, but the agreement was never recorded with a judgment. The father was able to escape paying support due to this however, the Supreme Court in the case decided from this that the circuit court must consider certain factors when looking at final judgments and reliefs. The list includes: whether the judgment was the result of conscientious, deliberate and well-informed choice of the claimant; whether the claimant received the effective assistance of counsel; whether relief is sought from a judgment in which there has been no judicial consideration of the merits and the interest of deciding the particular case on the merits outweighs the finality of judgments; whether there is meritorious defense to the claim; and whether there are intervening circumstances making it inequitable to grant relief.

Give me a call so we can discuss more details regarding your question.

Dan Exner, J.D.

Family Law Attorney

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