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767.521.Action by state for child support.

Subch. VI: Support and Maintenance · Last amended 2007 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.521 requires the state to bring the support or paternity action itself where a child's right to support has been assigned to it and no order exists.

Full Text of Section 767.521

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The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child’s right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:
(1) The child has been deprived of parental support by reason of the continued absence of a parent from the home.
(2) A court has not issued an order under s. 767.511 requiring the parent who is absent from the home to support the child.
End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1987 a. 27; 1995 a. 289, 404; 1997 a. 27, 105; 2005 a. 443 s. 38; Stats. 2005 s. 767.521; 2007 a. 20.

Plain-English Summary

A short, mandatory section. Where a child's right to support has been assigned to the state under one of the public assistance provisions it lists, the state or its delegate shall bring an action for support, or for paternity determination and support, if both of the following are true: the child has been deprived of parental support because a parent is continuously absent from the home, and no court has yet ordered that absent parent to support the child.

The design is straightforward. Public money is standing in for a parent's support, and the state does not wait for a caretaker to bring the case. The conditions are cumulative — both must apply — so where an order already exists, the remedy is enforcement or revision rather than a fresh action.

Frequently Asked Questions

When does Wisconsin bring a child support case itself?

Where the child's right to support has been assigned to the state under one of the listed assistance provisions, the child has been deprived of parental support by a parent's continued absence from the home, and no court has ordered that parent to pay.

What if there is already a support order?

Then this section does not apply — both of its conditions must be met, and one of them is that no order has been issued. Enforcement or revision is the route instead.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.521), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source
Also known as: state child support action Wisconsinassigned support rights767.521 action by state