Court Orders
Repaying Birth Costs
Questions fathers ask about birth costs
Will my tax refunds be taken to repay birth costs?
Yes,
if the court order sets the costs based on
your income or ability to repay the birth costs.
Tax refunds can be taken and used to pay support and related costs such as birth
costs.
Federal rules will not allow the use of federal tax returns to pay for birth costs if the court sets the birth cost amount higher than 5% of your income or your ability to repay the costs. Remember that Wisconsin law allows the court to use another method to set the birth cost amounts. You will owe whatever amount the court sets.
Why doesn’t the mother have to pay a share of the birth costs?
According to federal law, parents who receive BadgerCare Plus cannot be
required to repay the health care costs for themselves or their children who
live with them.
Will I have to repay the birth costs within 36 months (3 years)?
No, not as a
rule. The 36-month period is used to set the amount of the birth costs that you will
repay. The court will set an amount to pay each month. This amount is called a
“periodic payment.”
If I marry the mother before our baby is born, will I have to repay the birth
costs?
The court may order you to repay the birth costs even if you and the mother
get married before (or after) your child’s birth. However, some courts do not
order repayment if the parents do marry.
What happens if my or the mother’s insurance paid the birth costs?
The birth
cost amount will be reduced by the amount paid by insurance. The parent with the
insurance must show proof that the insurance paid some or all of the costs. If
the insurance did not cover all the birth costs, the court may order you to pay
the rest.
For example:
The birth costs were $3,000. The insurance paid $2,000. The court
may order you to pay the remaining $1,000 ($3,000 - $2,000 = $1,000).
Please note:
Parents should ask their insurance company about any enrollment
deadlines for adding pregnant mothers and newborns.
Is interest charged on unpaid birth costs?
No.
If my child support payments were set using the shared-placement or serial
family formulas, is there another method used to set the birth costs?
No. However, the court may set lower birth cost amounts in cases that the
court used the
Low-Income Payer table to order child support.
Child Support Home | Parents & Guardians Information | Topic List