The parent of a dependent person who is the victim of a sexual assault under s. 940.225 (1) (a)
for which a conviction is obtained and which results in the birth of a child before the dependent person attains the age of 18 is not responsible under sub. (1) (a) 2.
for the maintenance of that child of the dependent person.
If a dependent person is convicted at any time of causing a pregnancy under s. 940.225 (1) (a)
which results in the birth of a child before the dependent person attains the age of 18, the parent of that dependent person is solely liable under the requirements of sub. (1) (a) 2.
for the maintenance of the dependent person's child.
If the parent of the dependent person specified in par. (a)
provides maintenance to the dependent person's child and if par. (b)
applies, the parent may apply to the circuit court for the county in which the child resides for an order to compel restitution by the parent specified in par. (b)
of the amount of maintenance provided. The circuit court shall in a summary way hear the allegations and proof of the parties and, after considering the financial resources and future ability of the parent of the dependent person specified in par. (b)
to pay, may by order specify a sum in payment of the restitution, to be paid weekly or monthly, during a period fixed by the order or until further order of the court. Upon application of any party affected by the order and following notice and an opportunity for presentation of allegations and proof by the parties, the court may modify the order. The parent specified in par. (a)
may file a restitution order with the clerk of circuit court. Upon payment of a fee under s. 814.61 (5) (a)
, the clerk of circuit court shall enter the order on the judgment and lien docket under s. 806.10
in the same manner as for a judgment in a civil action. Thereafter, the parent specified in par. (a)
may enforce the order against the parent specified in par. (b)
in the same manner as for a judgment in a civil action.
History: 1973 c. 90
, 560 (2)
; 1973 c. 147
; Sup. Ct. Order, 67 Wis. 2d 585, 773 (1975); 1975 c. 82
; 1977 c. 271
; 1979 c. 221
; 1981 c. 317
; 1983 a. 186
; 1985 a. 29
, 3200 (23)
; 1985 a. 56
; Stats. 1985 s. 49.90; 1987 a. 312
; 1987 a. 399
; 1989 a. 31
; 1991 a. 316
; 1995 a. 27
, 9126 (19)
; 1995 a. 77
; 1997 a. 3
; 2005 a. 443
; 2007 a. 20
, 9121 (6) (a)
Sub. (1) (a) 2. is a substantive provision and legislative intent indicates it is to have prospective effect only. In re Paternity of C.J.H., 149 Wis. 2d 624
, 439 N.W.2d 615
(Ct. App. 1989).
Sub. (1) (a) 1. obligates a spouse to support a dependent spouse who is unable to financially care for him or herself while residing in an institution, but must give way to the more specific terms of s. 49.455 (2) and (3) (a), which are specifically concerned with the allocation of income from a community spouse to an institutionalized spouse receiving medical assistance benefits. Section 49.455 (2) applies in determining eligibility for medical assistance and the required contribution to an institutionalized person's care and s. 49.455 (3) (a) declares that the income of a community spouse is not available to the institutionalized spouse, when, with specific exceptions, a community spouse's income is paid solely to the spouse. Chippewa County Department of Human Services v. Bush, 2007 WI App 184
, 305 Wis. 2d 181
, 738 N.W.2d 562
Penalties; evidence. 49.95(1)
Any person who, with intent to secure public assistance under this chapter, whether for himself or herself or for some other person, willfully makes any false representations is subject to the following penalties:
If the value of the assistance so secured does not exceed $300, the person may be required to forfeit not more than $1,000.
If the value of the assistance exceeds $300 but does not exceed $1,000, the person may be fined not more than $250 or imprisoned for not more than 6 months or both.
If the value of the assistance exceeds $1,000 but does not exceed $2,000, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
If the value of the assistance exceeds $2,000 but does not exceed $5,000, the person is guilty of a Class I felony.
If the value of the assistance exceeds $5,000 but does not exceed $10,000, the person is guilty of a Class H felony.
If the value of the assistance exceeds $10,000, the person is guilty of a Class G felony.
Any person who willfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days.
Any dependent person who sells or exchanges supplies or articles furnished the person as assistance or who disposes of such supplies or articles in any other way than as directed, with intent thereby to defraud the county or municipality furnishing the assistance, and any person who purchases any article knowing it to have been furnished to another person as assistance shall be punished as provided in sub. (2)
Any person who does all of the following shall be fined not more than $500 or imprisoned for not more than 30 days or both:
Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under ss. 49.141
, aid to families with dependent children under s. 49.19
, medical assistance under subch. IV
or food stamps under 7 USC 2011
Obtains a pecuniary advantage because the person is brought or sent or goes to the county, tribal governing body or municipality.
Any person in charge of public assistance or any of the person's assistants who receives or solicits any commission or derives or seeks to obtain any personal financial gain through any purchase, sale, disbursement or contract for supplies or other property used in the administration of public assistance shall be punished as provided in s. 946.13
Where a person is originally eligible for assistance and receives any income or assets or both thereafter and fails to notify the officer or agency granting such assistance of the receipt of such assets within 10 days after such receipt and continues to receive aid, such failure to so notify the proper officer or agency of receipt of such assets or income or both shall be considered a fraud and the penalties in sub. (1)
Any person who makes any statement in a written application for aid under this chapter shall be considered to have made an admission as to the existence, correctness or validity of any fact stated, which shall be taken as prima facie evidence against the party making it in any complaint, information or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter.
If any person obtains for himself or herself, or for any other person or dependents or both, assistance under this chapter on the basis of facts stated to the authorities charged with the responsibility of furnishing assistance and fails to notify said authorities within 10 days of any change in the facts as originally stated and continues to receive assistance based on the originally stated facts such failure to notify shall be considered a fraud and the penalties in sub. (1)
shall apply. The negotiation of a check, share draft or other draft received in payment of such assistance by the recipient or the withdrawal of any funds credited to the recipient's account through the use of any other money transfer technique after any change in such facts which would render the person ineligible for such assistance shall be prima facie evidence of fraud in any such case.
Any person who accepts a relief voucher granted as relief and fails to tender the commodities authorized by the relief authorities to the relief recipient but in lieu thereof refunds to the relief recipient cash or substitutes any alcohol beverages or cigarettes not authorized by the relief voucher shall be considered to have committed a fraud and the penalties provided in sub. (1)
shall apply to said person.
"Public assistance" as used in this section includes relief funded by a relief block grant and benefits under ss. 49.141
An insurance payment compensating for the loss of personal and household property, which are exempt assets under AFDC regulations, was not an exempt asset and was required to be reported under sub. (6). State v. Salzer, 133 Wis. 2d 54
, 393 N.W.2d 121
(Ct. App. 1986).
Sub. (6) requires recipients to report all assets or income, regardless of whether they were illegally obtained. State v. Baeza, 156 Wis. 2d 651
, 457 N.W.2d 522
(Ct. App. 1990).
If the defendant's AFDC eligibility was based on the absence of the child's father, the failure to report the return to the household of the father constituted fraud regardless of whether the family might have still qualified for assistance under different criteria. State v. Kaufman, 188 Wis. 2d 485
, 525 N.W.2d 138
(Ct. App. 1994).
Assistance grants exempt from levy.
All grants of aid to families with dependent children, payments made under ss. 48.57 (3m)
, 49.148 (1) (b) 1.
, payments made for social services, cash benefits paid by counties under s. 59.53 (21)
, and benefits under s. 49.77
or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.
AFDC money did not lose its exemption from garnishment when it was deposited in a checking account. Northwest Engineering Credit Union v. Jahn, 120 Wis. 2d 185
, 353 N.W.2d 67
(Ct. App. 1984).
A support order against actual AFDC grants is prohibited, but an order against earned income of one who also receives AFDC is not. In Support of B., L., T. & K. 171 Wis. 2d 617
, 492 N.W.2d 350
(Ct. App. 1992).