Paternity Law and Custody in Wisconsin

Hello Everyone,

I am in a situation in which I am supposedly the father of a yet unborn child due in February. Recently, the mother (ex-girlfriend) has told me that she is on Medicaid. I now understand that if my name is put onto the birth certificate (of course I wouldn't do this until paternity is established) that the state will come after me for birthing costs and medical expenses. I also understand that the state will order that I pay child support to her. All along, I have told her that if it is in fact my child, that I want 50/50 custody. She has been agreeable to this up to this point.

I have a couple problems with the situation. First of all, I am not even established as the father of the child, yet the county's child support agency has sent the mother papers for me to fill out with my name on it. Second, the mother has been a full-time waitress at a rather fancy restaurant and has told me in the past that she claims about $19,000 per year in income compared to the $35,000 or so she actually makes with tips (the cutoff for Medicaid eligibility is about $29,000, or so I believe). Third, I make a little over $65,000 per year and according to the child support formula used in Wisconsin, I may have to pay her up to almost $1000/month. It will probably be quite close to that given the fact that she is now talking about going to school full-time versus the part time she has done over the last 5 years and may not work.

I was hoping I wouldn't have to, but it now appears as though I will be seeking legal counsel. However, I was wondering if anyone has any other advice given my situation. It just seems so unfair to me that if I am the father of this child, that I have to pay for everything medically, pay her child support because I make more money (even given 50/50 custody), pay her even more because she decides to go to school full-time and not work, and this is all made possible by her being Medicaid eligible when she should not be in the first place.

I am really quite frustrated with the whole situation. If the child's mine, I want 50/50 custody and I would never do anything to put the child at a disadvantage. I just want fairness in whole situation. Yet many people I've already talked to tell me not to hold my breath.

Any help would be greatly appreciated. Thanks!

Mangelo

Thanks for sharing. Did you have an actual question, though?

In my original posting, I asked if anyone had any advice for me given my situation. If you'd like more specific questions:

1. Is there a way to challenge the state coming after me for the full cost of medical expenses and a higher child support given she has basically committed tax fraud to receive Medicaid coverage?

2. Given that I make much more than she does (even with her claiming her income appropriately), are there ways to limit child support given that we will hopefully have a 50/50 placement established?

3. Can an agreement independent of the court be established that will be recognized as legal regarding physical placement and/or child support (say through an arbitrator) even though she is on Medicaid?

4. Is it likely that the court will allow the mother to go from attending school part-time while working full-time for 4 years to all of a sudden going to school full-time and not working at all after having the child? (thus increasing the child support I am responsible for)

5. Will school loans count as income for her in a child support equation?

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Quoting mangelo

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1. Is there a way to challenge the state coming after me for the full cost of medical expenses and a higher child support given she has basically committed tax fraud to receive Medicaid coverage?

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If the state pays it, they'll want their money back. If you think she's committing welfare fraud, you can always report it and see what happens.

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Quoting mangelo

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2. Given that I make much more than she does (even with her claiming her income appropriately), are there ways to limit child support given that we will hopefully have a 50/50 placement established?

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Child support will be assessed in accord with the state child support guidelines.

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Quoting mangelo

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3. Can an agreement independent of the court be established that will be recognized as legal regarding physical placement and/or child support (say through an arbitrator) even though she is on Medicaid?

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What does that mean?

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Quoting mangelo

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4. Is it likely that the court will allow the mother to go from attending school part-time while working full-time for 4 years to all of a sudden going to school full-time and not working at all after having the child? (thus increasing the child support I am responsible for)

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You can ask the court to look at her history. However, there is a big difference between working and going to school without taking care of an infant, and working and going to school while taking care of an infant.

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Quoting mangelo

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5. Will school loans count as income for her in a child support equation?

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Why would they? Loans aren't income.