Chapter 767, ACTIONS AFFECTING THE FAMILY

767.513 Child health care expenses. (1) DEFINITION. In this section, “health insurance” does not include medical assistance provided under subch. IV of ch. 49. (2) RESPONSIBILITY AND PAYMENT. In addition to ordering child support for a child under s. 767.511 (1), the court shall …

767.521 Action by state for child support. 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 …

767.531 Family support. Subject to s. 767.511 (6m), a party ordered to pay family support under this section, 2019 stats., shall pay simple interest at the rate of 1 percent per month on any amount in arrears that is equal to or greater than the amount of child support due in one…

767.54 Required exchange of financial information. (1) In an action in which the court has ordered a party to pay family support under s. 767.225, 2019 stats., or s. 767.531, 2019 stats., or child support or maintenance under this chapter, including an action to revise a judgment…

767.55 Child support: employment-related orders. (1) GENERALLY. In an action for modification of a child support order under s. 767.59 or an action in which an order for child support is required under s. 767.511 (1), 767.804 (3), 767.805 (4), or 767.89 (3), the court may order e…

767.553 Annual adjustments in support orders. (1) WHEN ADJUSTMENT MAY BE ORDERED. (a) An order for child support under this chapter may provide for an annual adjustment in the amount to be paid based on a change in the payer’s income if the amount of child support is expressed in…

767.56 Maintenance. (1c) FACTORS TO CONSIDER FOR GRANTING. Upon a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.001 (1) (g) or (j), the court may grant an order requiring maintenance payments to either party for a limite…

767.57 Maintenance, child support, and family support payments; fees. (1) PAYMENT TO DEPARTMENT. (a) All orders or judgments providing for temporary or permanent maintenance, child support, or family support payments shall direct that the payments be made to the department or its…

767.58 Notice of change of employer, address, and ability to pay; other information. (1g) DEFINITION. In this section, “shared-placement parent” means a parent who has a court-ordered period of placement of at least 25 percent and is ordered by the court to assume the child’s bas…

767.59 Revision of support and maintenance orders. (1) DEFINITION. In this section, “support or maintenance order” means a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (…

767.61 Property division. (1) DIVISION REQUIRED. Upon every judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.001 (1) (h), the court shall divide the property of the parties. (2) PROPERTY SUBJECT TO DIVISION. (a) Except as p…

767.63 Disposed assets may be subject to division. In an action affecting the family, except an action to affirm marriage under s. 767.001 (1) (a), any asset with a fair market value of $500 or more that would be considered part of the estate of either or both of the parties if o…

767.70 Child support enforcement: notice and service of process. (1) WHEN SATISFIED. In an action under s. 767.001 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied if th…

767.71 Reconciling percentage-expressed support orders. (1) REQUEST FOR DETERMINATION. (a) In this section, “support order” means an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter, 2019 stats., or a stipulation approved…

767.73 Delinquent child or family support; suspension of operating privilege. (1) AUTHORITY TO SUSPEND. (a) In this subsection, “support payment” means a payment ordered for support under s. 767.521, support under s. 767.501, child support or family support under s. 767.225, fami…

767.75 Assignment of income for payment obligations. (1) DEFINITIONS. In this section: (a) “Employer” includes the state and its political subdivisions. (b) “Payment order” means an order for child support under this chapter, for maintenance payments under s. 767.225 or 767.56, f…

767.76 Account transfers. (1) AUTHORITY OF COURT TO REQUIRE. If the court determines that income withholding under s. 767.75 is inapplicable, ineffective, or insufficient to ensure payment under an order or stipulation specified in s. 767.75 (1), or that income withholding under …

767.77 Enforcement of payment obligations. (1) DEFINITION. In this section, “payment obligation” means an obligation to pay support under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2), …

767.78 Enforcement; contempt proceedings. (1) DEFINITION. In this section, “financial obligation” means an obligation for payment incurred under s. 767.531, 2019 stats., or s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 767.225, 767.241, 767.511, 767.56, 767.61, 7…

767.80 Determination of paternity. (1) WHO MAY BRING ACTION OR FILE MOTION. The following persons may bring an action or file a motion, including an action or motion for declaratory judgment, for the purpose of determining the paternity of a child, or for the purpose of rebutting…

767.803 Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the …

767.804 Genetic test results. (1) CONCLUSIVE DETERMINATION OF PATERNITY. (a) If genetic tests have been performed with respect to a child, the child’s mother, and a male alleged, or alleging himself, to be the child’s father, the test results constitute a conclusive determination…

767.805 Voluntary acknowledgment of paternity. (1) CONCLUSIVE DETERMINATION OF PATERNITY. A statement acknowledging paternity that is on file with the state registrar under s. 69.15 (3) (b) 3. after the last day on which a person may timely rescind the statement, as specified in …

767.813 Summons. (1) PURPOSE. The summons shall state the purpose of the action. (2) SIGNING. The process shall be signed by the clerk of the court or by the petitioner’s attorney. (3) RETURN DATE. Every summons shall specify a return date and time before the court. The clerk of …

767.814 Names on pleadings after paternity determined. After paternity is determined by the court in an action or proceeding under this subchapter, any papers filed in, and any records of, the court relating to the action or proceeding may identify the parties by name instead of …

767.815 Enlargement of time in a paternity proceeding. The time for service of summons and petition under s. 801.02 (1) in a paternity proceeding may be extended as provided in either sub. (1) or (2): (1) GOOD CAUSE. Upon the petitioner’s demonstration of good cause, the court ma…

767.82 Paternity procedures. (1) APPOINTMENT OF GUARDIAN AD LITEM. (a) Except as provided in par. (b), the court may appoint a guardian ad litem for the child and shall appoint a guardian ad litem for a minor parent or minor who is alleged to be a parent in a paternity proceeding…

767.83 Right to counsel. (1) GENERALLY. At the pretrial hearing, at the trial, and in any other proceedings in any paternity action, any party may be represented by counsel. If the male respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner…

767.84 Genetic tests in paternity actions. 767.84(1)(1) When test ordered; report. 767.84(1)(a)(a) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the child, mother, any male for whom there is probable caus…

767.85 Temporary orders. (1) WHEN REQUIRED. At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father’s parentage is 99.0 percent or …

767.853 Paternity hearings and records; confidentiality. Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of pending proceedings shall be placed in a clo…

767.855 Dismissal if adjudication not in child’s best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity of a child, upon the motion of a party or guardian ad litem, the court or supplemental court commissioner under s. 757.675 (2…

767.86 Time of first appearance. The first appearance under s. 767.863 may not be held until 30 days after service or receipt of the summons and petition unless the parties agree to an earlier date. History: 1987 a. 27; 1991 a. 313; 2005 a. 443 s. 193. NOTE: 2005 Wis. Act 443 con…

767.863 First appearance. (1) NOTICE TO PARTIES. If the respondent is present at a hearing prior to the determination of paternity, the court shall, at least one time at one such hearing, inform the parties of the items in s. 767.813 (5g). (1m) PATERNITY ALLEGATION BY MALE OTHER …

767.865 Deceased respondent. (1) WHO MAY APPEAR. (a) The personal representative or, if there is no personal representative, a guardian ad litem appointed in accordance with par. (b) may appear for a deceased respondent whenever an appearance by the respondent is required. The su…

767.87 Testimony and evidence relating to paternity. (1) GENERALLY. Evidence relating to paternity, whether given at the trial or the pretrial hearing, may include, but is not limited to: (a) Evidence of sexual intercourse between the mother and alleged father at any possible tim…

767.88 Pretrial paternity proceedings. 767.88(1)(1) Procedure; evidence. A pretrial hearing shall be held before the court or a supplemental court commissioner under s. 757.675 (2) (g). A record or minutes of the proceeding shall be kept. At the pretrial hearing the parties may p…

767.883 Trial. (1) TWO PARTS. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall …

767.89 Paternity judgment. (1) EFFECT OF JUDGMENT OR ORDER. A judgment or order of the court determining the existence or nonexistence of paternity is determinative for all purposes. (2) REPORT TO STATE REGISTRAR. (a) The clerk of court or county child support agency under s. 59.…

767.893 Default and stipulated judgments. (1) JUDGMENT WHEN PETITIONER FAILS TO APPEAR OR IS UNABLE TO PROCEED. If a petitioner, other than the state, fails to appear and plead on the date set for the pretrial hearing or the date set for the trial or if the state is the petitione…

767.895 Motion to reopen judgment based on statement acknowledging paternity. A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before April 1, 1998, may, if no trial was conduc…