01-1014 Hamilton v. Hamilton

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However, because the new statute of limitations (Wis. Stat. sec. 893.40) took effect on July 1, 1980 and now requires that an action on a judgment be brought within twenty years of the time the judgment “is entered,” and the amended judgment which Walter was violating by missing payments was entered in November 1977, we conclude that this action, filed in May, 2000 is beyond the requisite 20 years and is time-barred.

“In summary, the State’s action was timely under §§ 893.14 and 893.16(1) with respect to arrearages accumulating prior to July 1, 1980. However, the State’s action was time-barred by § 893.40 with respect to arrearages that accumulated starting July 1, 1980.

Because the circuit court’s order did not segregate these time periods, we reverse the entire order and remand for further proceedings consistent with this opinion.”

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Dist IV, Dane County, Nichol, J., Lundsten, J.

Attorneys:

For Appellant: Robert A. Ramsdell, Madison

For Respondent: Randy A. Woodford, Madison