When does the statute of limitations start for support in WI? | Sterling Law Offices, S.C. global $post;
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– from Johnny G. in River Hills, WI

Question Details:

I currently pay child support to my wife. She wants to have the support increased monthly, but I feel it does not need to be. Can I argue that the statute of limitations ran out and my wife failed to utilize the time frame to have support modified?

Family Law Attorney Response:

I need more details regarding the current support payments and why your wife wishes to have it increased. There are some defenses for this, but the statute of limitations is not one of them.

The court of appeals ruled in the Wall v. Wall 140 Wis.2d 341, 410 N.W.2d 593 (Ct. App. 1987) that a family support order, like its child support counterpart, is subject to revision until its termination date. Therefore, the statute of limitations begins to run only after the payments are terminated, so that defense is unavailable before that time.

Give me a call so we can discuss the details and set up a consultation.

Trisha Festerling, J.D.

Family Law Attorney

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