# Wisconsin — Filial responsibility laws by state — what each statute actually says about an adult child's liability for a parent's care For Wisconsin, statute is 49.90; who owes the duty is The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able; condition on the parent is any dependent person who is unable to maintain himself or herself; ability-to-pay qualifier is if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age; civil or criminal is civil, recorded from its source on 2026-08-31. - **State:** Wisconsin _(our reading, not quoted from the source)_ - **Statute:** 49.90 _(verified: appears in its own passage below)_ - **Who owes the duty:** The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able _(verified: appears in its own passage below)_ - **Condition on the parent:** any dependent person who is unable to maintain himself or herself _(verified: appears in its own passage below)_ - **Ability-to-pay qualifier:** if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age _(verified: appears in its own passage below)_ - **Civil or criminal:** civil _(our reading, not quoted from the source)_ - **Who may bring the action:** the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person _(verified: appears in its own passage below)_ - **Defences in the statute:** those persons receiving benefits under federal Title XVI or under s. 49.77 shall not be deemed dependent persons _(verified: appears in its own passage below)_ - **Limited to public assistance cases:** public assistance only _(our reading, not quoted from the source)_ ## What the source says > The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able, in a manner approved by the authorities having charge of the dependent, or by the board in charge of the institution where such dependent person is; but no parent shall be required to support a child 18 years of age or older. ## Where each value comes from This source states these in separate places, so each value is shown with the passage that states it. ### State > Wisconsin Legislature: 49.90 ### Statute > 49.90 49.90 Liability of relatives; enforcement. ### Who owes the duty > The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able, in a manner approved by the authorities having charge of the dependent, or by the board in charge of the institution where such dependent person is; but no parent shall be required to support a child 18 years of age or older. ### Condition on the parent > The parent and spouse of any dependent person who is unable to maintain himself or herself shall maintain such dependent person, so far as able, in a manner approved by the authorities having charge of the dependent, or by the board in charge of the institution where such dependent person is; but no parent shall be required to support a child 18 years of age or older. ### Ability-to-pay qualifier > The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. ### Civil or criminal > Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. ### Who may bring the action > Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. ### Defences in the statute > For purposes of this section those persons receiving benefits under federal Title XVI or under s. 49.77 shall not be deemed dependent persons. ### Limited to public assistance cases > If any relative who has been ordered to maintain an institutionalized dependent person or an institutionalized child of a dependent person under 18 years of age neglects to do as ordered, the authorities in charge of the dependent or child or in charge of the institution may recover in an action on behalf of the relief agency or institution for relief or support accorded the dependent person or child against such relative while the order was disobeyed and up to the time of judgment, with costs. ## Source - https://docs.legis.wisconsin.gov/document/statutes/49.90 Last verified: 2026-08-31. Review by: 2027-08-31. 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