LRB-2797/1
PJK:kjf&jld:rs
2003 - 2004 LEGISLATURE
October 27, 2003 - Introduced by Representatives Krusick, Berceau, Colon,
Huber, Jeskewitz, Owens, Seratti, Staskunas and Ziegelbauer, cosponsored
by Senators Roessler and Carpenter. Referred to Committee on Children
and Families.
AB624,1,3
1An Act to amend 893.02 and 893.40; and
to create 893.415 of the statutes;
2relating to: a statute of limitations for bringing an action to collect child
3support.
Analysis by the Legislative Reference Bureau
Under current law, an action on a judgment or decree of a court of record is
barred unless it is commenced within 20 years after the judgment or decree was
entered. The Wisconsin Supreme Court in State v. Hamilton, 2003 WI 50,
determined that this statute of limitations applies to an independent action to collect
delinquent child support owed under a judgment or order.
Before the enactment of the current statute of limitations for an action on a
judgment or decree, the statute of limitations for such an action was 20 years after
the action accrued. In the context of collecting delinquent child support, that was
interpreted as being 20 years after the youngest child under the support order
reached majority.
This bill codifies the previous interpretation of the statute of limitations for an
action to collect delinquent child support. The bill provides that an action to collect
child or family support owed under a judgment or order is barred if not commenced
within 20 years after the youngest child under the order reaches the age of 18 or, if
he or she is enrolled full-time in high school or its equivalent, reaches the age of 19.
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:
AB624, s. 1
1Section
1. 893.02 of the statutes is amended to read:
AB624,2,7
2893.02 Action, when commenced. An Except as provided in s. 893.415 (3),
3an action is commenced, within the meaning of any provision of law which limits the
4time for the commencement of an action, as to each defendant, when the summons
5naming the defendant and the complaint are filed with the court, but no action shall
6be deemed commenced as to any defendant upon whom service of authenticated
7copies of the summons and complaint has not been made within 90 days after filing.
AB624, s. 2
8Section
2. 893.40 of the statutes is amended to read:
AB624,2,12
9893.40 Action on judgment or decree; court of record. Except as provided
10in
s. ss. 846.04 (2) and (3)
and 893.415, action upon a judgment or decree of a court
11of record of any state or of the United States shall be commenced within 20 years after
12the judgment or decree is entered or be barred.
AB624, s. 3
13Section
3. 893.415 of the statutes is created to read:
AB624,2,16
14893.415 Action to collect support. (1) In this section, "action" means any
15proceeding brought before a court, whether commenced by a petition, motion, order
16to show cause, or other pleading.
AB624,3,2
17(2) An action to collect child or family support owed under a judgment or order
18entered under ch. 767, or to collect child support owed under a judgment or order
19entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2)
20(b) 4., 938.357 (5m) (a), 938.363 (2), or 948.22 (7), shall be commenced within 20 years
21after the youngest child for whom the support was ordered under the judgment or
1order reaches the age of 18 or, if the child is enrolled full-time in high school or its
2equivalent, reaches the age of 19.
AB624,3,8
3(3) An action under this section is commenced when the petition, motion, order
4to show cause, or other pleading commencing the action is filed with the court, except
5that an action under this section is not commenced if proper notice of the action, as
6required by law or by the court, has not been provided to the respondent in the action
7within 90 days after the petition, motion, order to show cause, or other pleading is
8filed.
AB624,3,1110
(1) This act first applies to actions to collect child or family support that are not
11barred on the effective date of this subsection.
