How do I apply for child support services?
To apply for child support services on an existing case, print the Application for Child Support Services.*
To begin a new child support case, print the Parent Application for Child Support Services. *
If you are unable to print the Application for Child Support Services or Parent Application for Child Support Services you may call Customer Service at 414-615-2593 and request that one of these forms be mailed you.
After you have entered all of the requested information, mail or bring the completed form to:
Milwaukee Child Support Services
John P Hayes Center
901 North 9th Street
Room 101
Milwaukee, WI 53233
* Information provided on this form and attachments may be shared with others only for purposes of the administration of the child support program and other related programs [Wis. Stat. 49.83].
Is there a cost for child support services?
There is no fee. However, a fee may be charged for some specialized child support services. Learn more about Child Support Fees.
Why does paternity need to be established for my child?
A child born outside of marriage will not have a legal father unless a paternity acknowledgment form is filled out or paternity is established through a court hearing. Establishing legal fatherhood is in the best interest of the child. Paternity establishment creates the legal relationship between a child and his or her father. It gives the child inheritance rights, access to future benefits through the father (social security, veterans benefits, etc.), and access to the medical history of the father.
If you receive W-2, Child Care, CTS, BadgerCare Plus, Substitute Care or Kinship Care for your child, the State of Wisconsin requires you to cooperate with paternity establishment efforts. Failure to cooperate may result in your benefits being sanctioned, unless you have good cause not to cooperate and you file a Good Cause Claim.
How does paternity get established?
Paternity can be established at any time after the birth of the child. In Wisconsin, there are three ways to establish paternity:
- The mother and father can legally agree to the paternity of the father if there is no question as to who the father is and the mother is not married. To accomplish this, the mother and father must sign a special state form called the Voluntary Paternity Acknowledgment. This form is available in the intake area of Child Support, Room 101 of the Milwaukee County Courthouse.
- The Department of Child Support Services can file legal proceedings for paternity. Both the mother and father are notified of the case and have the opportunity to appear in court. Either party can ask for genetic tests before paternity is decided.
- If parents of a child marry after the birth of the child, paternity can be established through the use of the state's Legitimation form. This form is also available in Room 101.
How does the father's name get on the birth certificate?
When a child is born to a married woman, the husband's name goes on the birth certificate of the child.
If the mother and father are not married, the man's name will not be put on the birth certificate until he becomes the legal father. He can become the legal father through the filing of the state's Voluntary Paternity Acknowledgment form, or through a paternity court action.
When a paternity judgment is ordered, the department will notify Madison's Center for Health Statistics and the adjudicated father's name will be put on the birth certificate.
What is the Voluntary Paternity Acknowledgment form?
The Wisconsin Voluntary Paternity Acknowledgment form allows parents to establish paternity without having to go to court. The parents must sign and have notarized a Wisconsin Voluntary Paternity Acknowledgment form and file it with the Office of Vital Records. This fully establishes legal paternity. The father's name is then added to the birth certificate.
Filing the VPA form does not give a father legal custody or physical placement. Under Wisconsin law, an unmarried mother has sole legal custody until a court orders otherwise.
Important note: If the couple is not absolutely sure that the man is the father of the child, they should not sign the VPA form. The couple should be referred to their local child support agency for genetic testing.
When can the Voluntary Paternity Acknowledgement form be used?
This form can be used when the mother and father can legally agree to the paternity of the father, there is no question as to who the father is and the mother is not married. Our office will explain to parents the consequences of signing the Voluntary Paternity Acknowledgement. If you wish to have genetic testing done before signing this form, our office can assist in setting up such testing.
If paternity is established this way, no support obligation or visitation arrangement is established. There is a separate procedure for obtaining support orders once the form is completed. If you are receiving W2 benefits, your case will automatically be referred for order establishment. If either parent does not wish to sign the Voluntary Paternity Acknowledgment for any reason, the department may be able to file a paternity establishment case.
How do I know if the Voluntary Paternity Acknowledgement form is right for me?
Our office will explain to parents the consequences of signing the Voluntary Paternity Acknowledgement form. If you wish to have genetic testing done before signing this form, our office can assist in setting up such testing.
If paternity is established by signing the form, no support obligation or visitation arrangement is established. There is a separate procedure for obtaining support orders once the form is completed. If you are receiving W2 benefits, your case will automatically be referred for order establishment.
If either parent does not wish to sign the Voluntary Paternity Acknowledgement for any reason, the department may be able to file a paternity establishment case.
What if the mother is married, but her husband is not the father of her child?
When a child is born while a mother is married, Wisconsin law considers the husband to be the father (this is called the marital presumption).
If the mother states that her husband is not the father and is naming someone else, this marital presumption must be overcome before another man can be found to be the child’s father.
When a paternity case is started in this situation, the law requires that the husband be notified of the court date, time and location. The notice is sent to the husband by certified mail. If he wishes to claim that the child is his, he must appear for the court hearing.
An attorney called a guardian ad litem (GAL) is appointed by the court to represent the child’s best interest and after an investigation, recommends to the court if the marital presumption should be overcome. Genetic testing may be requested by the GAL and may be ordered by the court.
I may be the father of a child born to a woman who is not married. Can I ask the department to start a paternity case?
Yes, a possible father can request an appointment for a paternity interview. Call (414) 278-5200 to schedule an appointment.
Can paternity be established if the possible father has died?
It may be possible to get paternity established, but this must be determined on a case-by-case basis.
Helpful information to gather before an interview to determine the possibility of establishing paternity includes but is not limited to:
- Copy of the death certificate or facts such as where, when and how the person died.
- Names and addresses of relatives of the deceased such as parents, brothers or sisters will also assist in establishing paternity.
What if I want to have paternity established but the child was born in another state? Can paternity be established in Wisconsin?
If paternity was established in the other state, paternity cannot be established in Wisconsin.
If you are not sure if paternity was established in the other state, we will contact the other state and request that they check their records to see if paternity has been established there.
If paternity was not established in the other state, the paralegal will decide, based on information you provide, whether we are able to start a Wisconsin case or if we need to start an interstate case.
How do I schedule a paternity interview?
To request an appointment for paternity establishment services, call (414) 278-5200.
What should I bring to the paternity interview?
Bring information concerning the absent parent, including:
- Address
- Social security number
- Date of birth
- Place of employment
- Any other information that will be helpful in locating the absent parent
You will also need to know facts about your child's birth:
- Birth weight
- Name of the hospital where the child was born
How long does a paternity interview take?
The length of time for an interview will vary. It could take anywhere from 30 minutes to 45 minutes per child.
How do I get a court date to get paternity established?
There are two ways a case can be set up for a court hearing:
- A paralegal may start a paternity action at the same time as the interview if we have an address for the other parent that can be independently verified. All the legal documents would be prepared immediately and a hearing would be scheduled. In this case, you will be served with your legal documents at the interview. This includes a copy of your affidavit, summons, and petition. These documents will state the date, time, and location of hearing.
- If there is no independent verification of the other parent's address, the paralegal will verify the address after the interview, and you will be notified of a hearing date at a later time. You will receive a letter informing you that a case has been started. This letter will give you the opportunity to come to the courthouse and pick up your legal documents. If you do not come to the courthouse, you will be served with the documents by our service of process agency.
What happens at the paternity court hearing?
The hearing is held in a small, private room. The mother, the man who may be the father, the court commissioner, and the child support attorney will be there. The child support attorney represents the State of Wisconsin, not the mother or father. The mother or father may bring his or her own attorney. Factual information will be discussed and verified. Once this is done, the parties will have the opportunity to either admit or deny that the man is the father of the child. There are several possible outcomes:
- The man may admit to being the father. A judgment will be entered and he is legally adjudicated as the father. Custody, placement, and support orders may be made.
- The man may admit that he is the father subject to genetic testing. The mother, child and the man will be scheduled for genetic testing and a new court date will be scheduled.
- If the man denies that he is the father, genetic testing will be ordered for the mother, child, and man. Another court date is scheduled.
- If there is more than one man who could be the biological father genetic testing will be ordered.
What happens if the other parent is not served with the paternity court documents?
If, at the time of the first hearing, a party has not been served with the court papers, the family court commissioner may grant an extension for service and the hearing will be adjourned to a later date.
If an extension has already been granted and service of the papers cannot be completed, the case may be dismissed (although it may be restarted when the absent parent is located).
If the commissioner finds that the person who can't be served with papers is trying to avoid service, an order for that person's arrest may be made.
My state benefits have been sanctioned. How can I get my sanction lifted?
The paternity establishment area in Room 101 will assist walk in appointments for sanctions Monday through Friday, from 8 to 10 a.m. and 12:30 to 2:30 p.m.
What is a good cause claim?
If a mother believes that the establishment of paternity is not in her or her child's best interest, she can claim good cause for not cooperating with our office.
Examples of good cause are situations where the child is born as a result of rape, incest, or sexual assault, or where the mother fears that having paternity established may bring physical harm to herself or the child.
A good cause claim is filed with your economic support worker, not with Child Support Services. The economic worker will review the claim and the facts associated with it and then make a determination of whether or not to grant good cause.
I was ordered to pay child support in a paternity case, but the mother and I have now married. How do I stop the support order?
Provide the department with a certified copy of your marriage certificate.
We will ask the Family Court Commissioner's Office to stop the support order.
You will still be obligated to pay any arrears, costs, fees, expenses and debts owed to the State of Wisconsin that were charged to your case prior to the marriage. If arrears are owed to the mother, she may provide us with a notarized statement asking that those arrears be canceled.
I have moved. How do I update my address?
If you have moved, inform the Wisconsin Support Collections Trust Fund at (800) 991-5530, TDD (877) 209-5209.
You can also contact Child Support Services by phone (414) 615-2593 or e-mail [email protected] to update your address.