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July 1, 2026

26 Example: Angelique is applying for Wisconsin Shares. Her household consists of herself, her child Alonzo, and her spouse Albert. Albert is not Alonzo’s biological parent; his relationship with Alonzo is stepparent/stepchild. Alonzo’s biological parent is Finn. The AG consists of Angelique, Albert, and Alonzo, and the Absent Parent page indicates that Finn is Alonzo’s legal father.

Marital Presumption If the parents are married and living together, but the mother claims that the husband is not the father of the child(ren) born during that marriage, the IM agency must not refer the case to the CSA. Under Wisconsin law there is a presumption of paternity based on the marriage of the parties. The paternity presumption may be overturned by a court with genetic evidence that shows the man is not the biological father. If the court rules that the man is not the father, the court ruling may be used to remove the man’s name from the birth record. The man’s name can only be removed through a court process. Therefore, since the parties are living together and the husband’s name is on the birth certificate, the husband is included in the AG because he is the legal/adjudicated father until the paternity presumption is overturned.

If the husband moves out of the home, then the case must be referred to the CSA with the husband named as the absent parent, even if the wife names a different person as the father. The CSA will initiate an action naming the husband as the absent parent, at which time he can refute paternity and request genetic testing. If the parties are married and living together, but the husband’s name is not listed on the birth certificate (due to prior genetic testing), then the case must be referred to the CSA as paternity has not been established.

The presumption of paternity does not currently apply to same-sex spouses who are married at the time of a child’s birth. Same-sex spouses must follow a different legal process to have their name added to the birth certificate. If both parents are listed on the birth certificate, then legal parentage has been established. If one (1) parent moves out, the case must be referred to the CSA using the other parent’s name as the absent parent. If the other parent’s name is not listed on the birth certificate, then legal parentage has not been established. In these scenarios, the agency worker must refer the case to the CSA using either the named father or the unknown father as the absent parent.

Note: Local agencies should establish a working relationship with CSAs. Agency workers should contact their local CSA for any child support issues affecting the parent’s Wisconsin Shares eligibility.

This section last updated 7/1/2026