2019 - 2020 LEGISLATURE
March 22, 2019 - Introduced by
Joint Legislative Council. Referred to Committee
on Family Law.
1An Act relating to: eliminating administrative rule limitation on recovery of
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Study Committee on Child Placement and Support. The bill
removes a limitation on the circumstances in which a birth cost judgment may be ordered.
Under current law, if a mother was enrolled in medical assistance at the time of a
child's birth, the father may be ordered to contribute to birth costs paid by the medical
assistance program. The amount that may be ordered for a father's obligation is up to half
of the actual costs of the pregnancy and birth, subject to an income limitation formula.
Additionally, effective July 1, 2018, the Department of Children and Families'
(DCF) administrative rules specify that recovery from a father is inappropriate in cases
where the family is intact at the time that paternity or support is established and the
father's income, if any, contributes to the support of the child.
The bill removes the limitation under DCF administrative rules that recovery of
birth costs is inappropriate in cases where the alleged father is a member of an intact
family that includes the mother and the subject child at the time paternity or support is
established, and the father's income, if any, contributes to the support of the child.
DCF 150.05 (2) (a) of the administrative code is amended to read:
DCF 150.05 (
(a) In this subsection, “
birth cost judgment" means an order 3
establishing the amount of the father's obligation to pay or contribute to the 4
reasonable expenses of the mother's pregnancy and the child's birth under s. 767.89 5
(3) (e), Stats. Recovery of birth costs is inappropriate in cases where the alleged
6father is a member of an intact family that includes the mother and the subject child
7at the time paternity or support is established, and the father's income, if any,
8contributes to the support of the child.