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04-2267 Rusk County Dept. of Health and Human Services v. Thorson

By: dmc-admin//January 17, 2005//

04-2267 Rusk County Dept. of Health and Human Services v. Thorson

By: dmc-admin//January 17, 2005//

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“Wisconsin Stat. § 767.51(3)(e) authorizes the circuit court to order a ‘father to pay or contribute to the reasonable expenses of the mother’s pregnancy and the child’s birth, based on the father’s ability to pay or contribute to those expenses.’ By the plain language of the statute, the court’s ability to order payment is contingent on ‘the father’s ability to pay.’

“Accordingly, because it is undisputed that Thorson had no ability to pay at the time of the hearing, the court had no authority to set his obligation to pay lying-in expenses.”

Order reversed.

Recommended for publication in the official reports.

Dist III, Rusk County, Henderson, J., Peterson, J.

Attorneys:

For Appellant: Carol A. Conklin, Ladysmith

For Respondent: Michael P. Weiler, Ladysmith

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