reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.331 - Actions for certain interspousal remedies.

767.331
Actions for certain interspousal remedies.
If a spouse has begun an action against the other spouse under s. 766.70 and either or both spouses subsequently bring an action under this chapter for divorce, annulment or legal separation, the actions may be consolidated by the court exercising jurisdiction under this chapter. If the actions are consolidated, to the extent the procedural and substantive requirements of this chapter conflict with the requirements under s. 766.70, this chapter controls. No action under s. 766.70 may be brought by a spouse against the other spouse while an action for divorce, annulment or legal separation is pending under this chapter.
History:  2005 a. 443 s. 34.
The prohibition under sub. (7) [now this section] of commencing an action under s. 766.70 while a divorce, annulment, or legal separation action is pending is constitutional. Haack v. Haack, 149 Wis. 2d 243, 440 N.W.2d 794 (Ct. App. 1989).
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.335 - Waiting period for final hearing or trial.

767.335
Waiting period for final hearing or trial.
An action for divorce or legal separation may not be brought to final hearing or trial until the first of the following occurs:
(1)
Generally. The expiration of 120 days after service of the summons and petition upon the respondent or the expiration of 120 days after the filing of the joint petition.
(2)
Emergency. An order by the court, after consideration of the recommendation of a circuit court commissioner, directing an immediate hearing on the petition for the protection of the health or safety of either of the parties or of any child of the marriage or for other emergency reasons consistent with the policies of this chapter. The court shall, upon granting the order, specify the grounds for the order.
History:  1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 196; Stats. 1979 s. 767.083; 1987 a. 355; 2001 a. 61; 2005 a. 443 s. 45; Stats. 2005 s. 767.335.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.36 - Copies of judgment to parties.

767.36
Copies of judgment to parties.
At the time of filing a judgment for an annulment, divorce, or legal separation, the clerk shall mail a copy of the judgment promptly to each party to the action at the last-known address, and the mailing shall be shown in the court record.
History:  2005 a. 443 s. 171; Sup. Ct. Order No. 20-07, 2021 WI 37, filed 4-23-21, eff. 7-1-21.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.375 - Effect on transfers at death.

767.375
Effect on transfers at death.
(1)
Revocation of death provisions in marital property agreement. Unless the judgment provides otherwise, a judgment of annulment, divorce or legal separation revokes a provision in a marital property agreement under s. 766.58 that provides for any of the following:
(a)
That, upon the death of either spouse, any of either or both spouses' property, including after-acquired property, passes without probate to a designated person, trust or other entity by nontestamentary disposition.
(b)
That one or both spouses will make a particular disposition in a will or other governing instrument, as defined in s. 854.01 (2).
(2)
Revocation of revocable transfers at death. Unless sub. (1) applies, revocation of revocable transfers at death by a former spouse to the other former spouse, or to relatives of the other former spouse, under an instrument executed before the judgment of annulment, divorce or legal separation is governed by s. 854.15.
History:  1991 a. 301; 1997 a. 188; 2005 a. 216; 2005 a. 443 s. 119; Stats. 2005 s. 767.375.
NOTE:  1991 Wis. Act 301 contains extensive legislative council notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.385 - Maintenance, legal custody, and support when divorce or separation denied.

767.385
Maintenance, legal custody, and support when divorce or separation denied.
If a judgment in an action for divorce or legal separation denies the divorce or legal separation, the court may make such order as the nature of the case renders just and reasonable for the legal custody of and periods of physical placement with any of the minor children, and for the maintenance of either spouse and support of the children by either spouse out of property or income. If the court orders child support under this section, the court shall determine the child support payments in a manner consistent with s. 767.511, regardless of the fact that a judgment of divorce or legal separation has not been entered.
History:  1971 c. 220; 1979 c. 32 s. 50; Stats. 1979 s. 767.28; 1987 a. 355; 1993 a. 481; 2005 a. 443 s. 125; Stats. 2005 s. 767.385.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.395 - Name of spouse.

767.395
Name of spouse.
Except as provided in s. 301.47, the court, upon granting a divorce, shall allow either spouse, upon request, to resume a former legal surname, if any.
History:  1975 c. 94; 1979 c. 32 s. 50; Stats. 1979 s. 767.20; 2003 a. 52; 2005 a. 443 s. 78; Stats. 2005 s. 767.395.
Women's Names in Wisconsin: In Re Petition of Kruzel. MacDougall. WBB Aug. 1975.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.44 - Prohibiting visitation or physical placement if a parent kills other parent.

767.44
Prohibiting visitation or physical placement if a parent kills other parent.
(1)
When prohibited. Notwithstanding ss. 767.225 (1) (am), 767.41 (1), (4), and (5), 767.804 (3) (a), 767.805 (4) (a), and 767.89 (3) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside, or vacated.
(2)
When not applicable. Subsection (1) does not apply if the court determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.
History:  1999 a. 9; 2001 a. 61; 2005 a. 443 s. 102; Stats. 2005 s. 767.44; 2019 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.461 - Revisions agreed to by stipulation.

767.461
Revisions agreed to by stipulation.
If after an initial order is entered under s. 767.41 the parties agree to a modification in an order of physical placement or legal custody and file a stipulation with the court that specifies the agreed upon modification, including a modification to physical placement or legal custody upon the occurrence of a specified future event, as defined in s. 767.34 (3) (a), that is reasonably certain to occur within 2 years of the date of the stipulation, the court shall incorporate the terms of the stipulation into a revised order of physical placement or legal custody unless the court finds that the modification is not in the best interest of the child. The court may not incorporate the terms of a stipulation that is based on an anticipated behavior modification of a party, including for the completion of any of the following:
(1)
An anger management course or therapy.
(2)
A batterers intervention program.
(3)
A drug or alcohol treatment or therapy.
(4)
A term of incarceration, extended supervision, parole, or probation for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201 (2), 940.203 (2), 940.204, 940.225 (1), (2), or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to which the penalty enhancer under s. 939.621 could be imposed, for a violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse restraining order, child abuse restraining order, or harassment restraining order, or for a violation to which a penalty enhancer for the use of a dangerous weapon is applied.
History:  1987 a. 355; 2005 a. 443 s. 166; Stats. 2005 s. 767.461; 2021 a. 20, 209; 2021 a. 240 s. 30.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
Acceptance of a stipulation is not mandatory. The trial court is not prohibited from examining the best interests of the child. Racine Family Court Commissioner v. M.E., 165 Wis. 2d 530, 478 N.W.2d 21 (Ct. App. 1991).
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.521 - Action by state for child support.

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 state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:
(1)
The child has been deprived of parental support by reason of the continued absence of a parent from the home.
(2)
A court has not issued an order under s. 767.511 requiring the parent who is absent from the home to support the child.
History:  1987 a. 27; 1995 a. 289, 404; 1997 a. 27, 105; 2005 a. 443 s. 38; Stats. 2005 s. 767.521; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.531 - Family support.

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 month. Subject to s. 767.511 (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1 percent per month shall accrue on the total amount of child support in arrears, if any. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee shall apply all payments received for family support ordered under this section, 2019 stats., as follows:
(1)
First, to payment of family support due within the calendar month during which the payment is received.
(2)
Second, to payment of unpaid family support due before the payment is received.
(3)
Third, to payment of interest accruing on unpaid family support.
History:  1977 c. 105; 1979 c. 32 ss. 50, 92 (4); Stats. 1979 s. 767.261; 1983 a. 27; 1985 a. 29; 1993 a. 481; 1995 a. 279; 1997 a. 27, 191; 1999 a. 9, 32; 2005 a. 443 s. 111; Stats. 2005 s. 767.531; 2013 a. 20; 2021 a. 35.
This section does not limit the authority a trial court would otherwise have to consider imposing interest on unpaid maintenance arrears. Cashin v. Cashin, 2004 WI App 92, 273 Wis. 2d 754, 681 N.W.2d 255, 03-1010.
Under former s. 767.531, 2019 stats., the circuit court must separately calculate child support and maintenance as a condition precedent to calculating family support. If the court applies the percentage guidelines when setting child support, it must set family support at an amount that results in a net payment, after state and federal taxes are paid, of no less than the child support as calculated under the guidelines. Even if a court makes detailed findings as to all of the factors for family support, the court erroneously exercises its discretion if it neglects to provide a rational explanation of how its findings lead to the support award. Vlies v. Brookman, 2005 WI App 158, 285 Wis. 2d 411, 701 N.W.2d 642, 04-0315.
It is evident from the statutory framework and the purpose of family support that at least a portion of family support ordered in any case involving minor children is child support. With respect to child support, any provision in a marital settlement agreement that purports to limit a child support payee's ability to seek a support modification upon a substantial change in circumstances is against public policy and cannot provide a basis to estop the payee from seeking a modification. Huhn v. Stuckmann, 2009 WI App 127, 321 Wis. 2d 169, 772 N.W.2d 744, 08-3102.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.54 - Required exchange of financial information.

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 or order under s. 767.59, the court shall require the parties annually to exchange financial information. Information required under this section shall be exchanged no later than May 1 of each calendar year, unless otherwise agreed upon in writing by the parties. The information required to be exchanged shall include all of the following:
(a)
A complete copy of the party's federal and state income tax return for the prior calendar year, including all W-2 forms and 1099 forms.
(b)
A year-end paycheck stub from all sources of employment for the prior calendar year.
(c)
The party's most recent paycheck stub from all sources of employment showing year-to-date gross and net income.
(d)
Any other documentation of the party's income from all sources for the 12-month period preceding the exchange of information.
(2)
A party may redact or remove the following personally identifying information from documents provided under sub. (1) unless otherwise ordered by the court:
(a)
The party's home or work address, if the party is participating in the program under s. 165.68, or if the party's address is otherwise protected or sealed.
(b)
The name, date of birth, and address of the party's spouse.
(c)
The name, date of birth, and other personally identifying information of a minor child not related to the other party.
(d)
Any social security number.
(e)
An identification number assigned by an employer.
(f)
A taxpayer identification number assigned by the department of revenue or federal internal revenue service.
(g)
Any depository account number, investment account number, or other personally identifying number related to any investment tool.
(h)
A military identification number.
(i)
Any other personally identifying information that is intended to be used to access services, funds, or benefits of any kind to which an individual is entitled.
(j)
Any other personally identifying information that is not required to determine the income or financial status of the party.
(3)
Information disclosed under this section is subject to s. 767.127 (3). A party who fails to furnish information required by the court under this section may be proceeded against for contempt of court under ch. 785. If the court finds that a party has failed to furnish information required under this section, the court may award to the party bringing the action costs and, notwithstanding s. 814.04 (1), reasonable attorney fees.
History:  2005 a. 443 s. 122; 2021 a. 35, 259.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.58 - Notice of change of employer, address, and ability to pay; other information.

767.58
Notice of change of employer, address, and ability to pay; other information.
(1)
Support or maintenance order; notice requirements.
(a)
Each order for child support, family support, or maintenance payments shall include an order that the payer and payee notify the county child support agency under s. 59.53 (5) of any change of address within 10 business days of the change.
(b)
Each order for child support, family support, or maintenance payments shall also include an order that the payer notify the county child support agency under s. 59.53 (5) and the payee, within 10 business days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, affecting his or her ability to pay child support, family support, or maintenance. The order shall also include a statement that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order under s. 767.59 or an annual adjustment of the child or family support amount under s. 767.553 is sought.
(c)
Each order for family support or maintenance payments shall include an order requiring the payee to notify the court and the payer within 10 business days of the payee's remarriage.
(d)
An order under this subsection is enforceable under ch. 785.
(2)
Information for child support agency. When an order is entered under sub. (1), each party shall provide to the county child support agency under s. 59.53 (5) his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the county child support agency under s. 59.53 (5) of any change in the information provided under this subsection within 10 business days after the change.
History:  1977 c. 105; 1979 c. 32 s. 50; Stats. 1979 s. 767.263; 1989 a. 212; 1995 a. 279; 1997 a. 27, 191; 2001 a. 16; 2005 a. 443 ss. 113, 226; Stats. 2005 s. 767.58; 2013 a. 209.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.63 - Disposed assets may be subject to division.

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 owned by either or both of them at the time of the action and that was transferred for inadequate consideration, wasted, given away, or otherwise unaccounted for by one of the parties within one year prior to the filing of the petition or the length of the marriage, whichever is shorter, is rebuttably presumed to be property subject to division under s. 767.61 and is subject to the disclosure requirement of s. 767.127. Transfers that resulted in an exchange of assets of substantially equivalent value need not be specifically disclosed if those assets are otherwise identified in the statement of net worth.
History:  1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 352 s. 39; Stats. 1979 s. 767.275; 2005 a. 443 s. 124; Stats. 2005 s. 767.63.
Marital Waste: Within the Eye of the Beholding Court. Gehrig. Wis. Law. May 2015.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.70 - Child support enforcement: notice and service of process.

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 the court finds all of the following:
(a)
That a diligent effort was made to ascertain the location of the respondent.
(b)
That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.58 (2) to the county child support agency under s. 59.53 (5).
(2)
Rules on locating respondent. The department shall promulgate rules specifying the process that the department will use under sub. (1) (a) to ascertain the location of the respondent. Notwithstanding sub. (1) (b), the process specified in the rules shall utilize all reasonable means to which the department has access, including electronic means, interfaces with other programs, and information provided by the postmaster, for determining the current address of the respondent.
History:  1997 a. 191; 2005 a. 443 s. 21; Stats. 2005 s. 767.70.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.73 - Delinquent child or family support; suspension of operating privilege.

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, family support under s. 767.531, 2019 stats., revised child or family support under s. 767.59, or child support under s. 767.511, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, or 948.22 (7) or ch. 769.
(b)
If a person fails to pay a support payment that is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.
(2)
Notice of suspension to department of transportation. If a court orders suspension of a person's operating privilege under sub. (1) (b), the court shall notify the department of transportation, in the form and manner prescribed by the department. The notice to the department shall include the name and last-known address of the person against whom the support order was entered, certification by the court that the person has been notified of the entry of the support order and that there are arrearages in support payments that are 90 or more days past due, and the place where the arrearages may be paid. The notice shall also state that the person's operating privilege remains suspended until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years.
(3)
Notice of payment to department. If the person subsequently pays the full amount of the arrearages or makes payment arrangements that are satisfactory to the court, the court shall immediately notify the department of transportation of the payment in the form and manner prescribed by the department.
(4)
Application to past arrearages. This section applies to support arrearages existing on or after October 1, 1996, regardless of when the arrearages accrued or when the order or judgment requiring the payment of support was entered.
(5)
Relationship to other remedies. The remedy permitted under this section is in addition to any other remedies authorized by law.
History:  1995 a. 401; 1997 a. 84, 191; 1999 a. 9, 32; 2005 a. 443 ss. 139, 140, 141, 236; Stats. 2005 s. 767.73; 2019 a. 95; 2021 a. 35.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.78 - Enforcement; contempt proceedings.

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, 767.71, 767.804 (3), 767.805 (4), 767.85, 767.863 (3), 767.89, 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), or 938.363 (2).
(2)
Noncompliance; order to show cause. If a person has incurred a financial obligation and has failed within a reasonable time or as ordered by the court to satisfy the obligation, and the wage assignment proceeding under s. 767.75 and the account transfer under s. 767.76 are inapplicable, impractical, or unfeasible, the court may on its own initiative, and shall on the application of the receiving party, issue an order requiring the payer to show cause at a reasonable time specified in the order why he or she should not be subject to contempt of court under ch. 785.
History:  1977 c. 105; 1979 c. 32 ss. 50, 92 (4); 1979 c. 196; 1979 c. 257 s. 17; Stats. 1979 s. 767.305; 1993 a. 481; 1995 a. 77; 1997 a. 27, 191; 1999 a. 103; 2005 a. 443 ss. 142, 143; Stats. 2005 s. 767.78; 2015 a. 373; 2019 a. 95; 2021 a. 35.
Contempt is an appropriate means to enforce child support arrearages after a child has reached majority. Griffin v. Reeve, 141 Wis. 2d 699, 416 N.W.2d 612 (1987).
When a contemnor's liberty interests are at risk, he or she must be given an opportunity to show the court that the failure to comply with the purge conditions was not willful and intentional. V.J.H. v. C.A.B., 163 Wis. 2d 833, 472 N.W.2d 939 (Ct. App. 1991).
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.803 - Determination of marital children.

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 child becomes a marital child, is entitled to a change in birth record under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children.
History:  1979 c. 32 ss. 48, 92 (2); Stats. 1979 s. 765.25; 1979 c. 352; Stats. 1979 s. 767.60; 1981 c. 314 s. 146; 1983 a. 447; 1985 a. 315; 2005 a. 443 s. 229; Stats. 2005 s. 767.803; 2017 a. 334.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.814 - Names on pleadings after paternity determined.

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 by initials.
History:  2005 a. 443.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.815 - Enlargement of time in a paternity proceeding.

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 may without notice order one additional 60-day extension for service of the summons and petition.
(2)
Reasonable grounds; due diligence. The time for service may be extended until the date the summons and petition are actually served, if both of the following apply:
(a)
There are reasonable grounds to believe that before the time for service under s. 801.02 (1) or sub. (1) expired the respondent knew that the mother was pregnant and that the respondent may be the father.
(b)
Due diligence was exercised in attempting to serve the respondent, before he was actually served.
History:  1983 a. 447; 2005 a. 443 ss. 191, 246; Stats. 2005 s. 767.815.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.82 - Paternity procedures.

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 unless the minor parent or the minor alleged to be the parent is represented by an attorney.
(b)
The court shall appoint a guardian ad litem for the child if s. 767.407 (1) (a) or (c) applies or if the court has concern that the child's best interest is not being represented.
(2)
Presumption. Presumption of paternity shall be as provided in ss. 891.39, 891.405, 891.407, and 891.41 (1).
(2m)
Custody pending court order. If there is no presumption of paternity under s. 891.41 (1) or if paternity is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother shall have sole legal custody of the child until the court orders otherwise.
(3)
Time of conception; evidence. Evidence as to the time of conception may be offered as provided in s. 891.395.
(4)
Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother occurring at any time other than the probable time of conception.
(5)
Statute of limitations. The statute of limitations for commencing actions concerning paternity is as provided in s. 893.88.
(6)
Arrest. The respondent in a paternity action may be arrested as provided in s. 818.02 (6).
(7)
Appointment of trustee or guardian. The court may appoint a trustee or guardian to receive and manage money paid for the support of a minor child.
(7m)
When action has priority. The court shall give priority to an action brought under s. 767.80 if the petition under s. 767.80 (5) indicates that the matter was referred under s. 48.299 (6) (a) or 938.299 (6) (a) by a court assigned to exercise jurisdiction under chs. 48 and 938.
(8)
Procedures applicable to other matters in action. In all other matters, paternity proceedings shall be governed by the procedures applicable to other actions affecting the family.
History:  1979 c. 352; 1981 c. 391; 1983 a. 447; 1989 a. 212; 1993 a. 481; 1995 a. 275; 1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 208, 247; Stats. 2005 s. 767.82; 2019 a. 95.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
A trust under sub. (7) is not restricted to cases in which the custodial parent is a spendthrift. Paternity of Tukker M.O., 189 Wis. 2d 440, 525 N.W.2d 793 (Ct. App. 1994). See also Paternity of Tukker M.O., 199 Wis. 2d 186, 544 N.W.2d 417 (1996), 93-1929.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.83 - Right to counsel.

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 is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.
(2)
Extent of appointed attorney's representation. An attorney appointed under sub. (1) who is appearing on behalf of a party in a paternity action shall represent that party, subject to the limitations under sub. (2m), in all issues and proceedings relating to the paternity determination. The appointed attorney may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.
(2m)
When appointed representation provided. Representation by an attorney appointed under sub. (1) shall be provided only after the results of any genetic tests have been completed and only if all of the results fail to show that the alleged father is excluded and fail to give rise to the rebuttable presumption under s. 767.84 (1m) that the alleged father is the father of the child.
(3)
Appearance by state's attorney not affected. This section does not prevent an attorney responsible for support enforcement under s. 59.53 (6) (a) or any other attorney employed under s. 49.22 or 59.53 (5) from appearing in any paternity action as provided under s. 767.80 (6).
History:  1979 c. 352; 1983 a. 27; 1987 a. 355; 1989 a. 31; 1993 a. 16, 481; 1995 a. 27, 100, 201, 404; 1997 a. 35, 191; 2005 a. 443 ss. 221, 248; Stats. 2005 s. 767.83.
A paternity respondent does not have a constitutional right to effective assistance of counsel. A paternity action is not a criminal prosecution. Paternity of P.L.S., 158 Wis. 2d 712, 463 N.W.2d 403 (Ct. App. 1990).
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.85 - Temporary orders.

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 higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses.
(2)
Considerations. Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.511 (1n).
History:  1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 209, 252; Stats. 2005 s. 767.85.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.853 - Paternity hearings and records; confidentiality.

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 closed file, except that:
(1)
Pending proceeding. Access to the record of any pending proceeding involving the paternity of the same child shall be allowed to all of the following:
(a)
The child's parents.
(b)
The parties to that proceeding and their attorneys or their authorized representatives.
(c)
If the child is the subject of a proceeding under ch. 48 or 938, all of the following:
1.
The court assigned to exercise jurisdiction under chs. 48 and 938 in which the proceeding is pending.
2.
The parties to the proceeding under ch. 48 or 938 and their attorneys.
3.
The person under s. 48.09 or 938.09 who represents the interests of the public in the proceeding under ch. 48 or 938.
4.
A guardian ad litem for the child and a guardian ad litem for the child's parent.
5.
Any governmental or social agency involved in the proceeding under ch. 48 or 938.
(2)
Information access to department and child support agencies. The clerk of circuit court shall provide access to the record of any pending paternity proceeding to the department or any county child support agency under s. 59.53 (5) for purposes related to administering the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding.
(3)
Past proceedings. Subject to s. 767.13, a record of a past proceeding is open to public inspection if all of the following apply:
(a)
Paternity was established in the proceeding.
(b)
The record is filed after May 1, 2000.
(c)
The record relates to a post-adjudication issue.
History:  1979 c. 352; 1983 a. 447; 1985 a. 29; 1995 a. 27 s. 9126 (19); 1995 a. 201, 275, 404; 1997 a. 80, 252; 1999 a. 9; 2005 a. 443 ss. 222, 253; Stats. 2005 s. 767.853; 2007 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.855 - Dismissal if adjudication not in child's best interest.

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) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child is not in the best interest of the child, dismiss the action with respect to the male, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male, the court or supplemental court commissioner is not required to order those genetic tests.
History:  1997 a. 191; 2001 a. 61; 2005 a. 443 s. 202; Stats. 2005 s. 767.855; 2019 a. 95.
Parental status that rises to the level of a constitutionally protected liberty interest does not rest solely on biological factors, but rather, is dependent upon an actual relationship with the child where the parent assumes responsibility for the child's emotional and financial needs. Stuart S. v. Heidi R., 2015 WI App 19, 360 Wis. 2d 388, 860 N.W.2d 538, 14-1487.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.86 - Time of first appearance.

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 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.865 - Deceased respondent.

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 summons and petition shall be served on the deceased respondent's personal representative or guardian ad litem, as the case may be, under s. 767.813 (4).
(b)
If the court determines that it is appropriate, the court may appoint a guardian ad litem for the deceased respondent for purposes of par. (a). Section 767.407 (3) and (5) applies to the guardian ad litem. The guardian ad litem shall represent the interests of the deceased respondent. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order the compensation to be paid from the deceased respondent's estate. If the moneys in the estate are not sufficient to pay all or part of the compensation, the court may direct that the county of venue pay the compensation. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).
(2)
Genetic tests. If genetic material is available, without undue hardship, from a deceased respondent or a relative of the deceased respondent in an action for paternity, genetic tests shall be administered in accordance with s. 767.84. There is a rebuttable presumption that exhumation of the deceased respondent's body to obtain the genetic material for testing is an undue hardship under this subsection.
History:  1993 a. 481; 2005 a. 443 ss. 199, 200, 255 to 257; Stats. 2005 s. 767.865; 2013 a. 170.
NOTE:  2005 Wis. Act 443 contains explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.883 - Trial.

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 be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife of a specified male the prior issue of whether the husband was not the father of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.
(2)
Jury size; verdict. If a jury is requested under sub. (1), the jury shall consist of 6 persons. No verdict is valid or received unless agreed to by at least 5 of the jurors.
History:  1979 c. 352 s. 10; Stats. 1979 s. 767.50; 1983 a. 27, 447; 1987 a. 27, 355, 403; 1993 a. 481; 2001 a. 38; 2005 a. 443 ss. 214m, 260; Stats. 2005 s. 767.883.
A preponderance of the evidence standard of proof in paternity actions meets due process requirements. Rivera v. Minnich, 483 U.S. 574 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 767 - Actions affecting the family. › 767.895 - Motion to reopen judgment based on statement acknowledging paternity.

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 conducted, be reopened under any of the following circumstances:
(1)
At any time upon motion or petition for good cause shown.
(2)
Upon a motion under s. 806.07.
(3)
Within one year after entry of the judgment upon motion or petition.
History:  1987 a. 413; 1997 a. 191; 2005 a. 443 s. 206; Stats. 2005 s. 767.895.77.00
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.01 - Actions for breach of promise, alienation of affection and criminal conversation abolished.

768.01
Actions for breach of promise, alienation of affection and criminal conversation abolished.
All causes of action for breach of contract to marry, alienation of affections and criminal conversation are hereby abolished, except that this section shall not apply to contracts now existing or to causes of action which heretofore accrued.
History:  1971 c. 220; 1979 c. 32 s. 51; Stats. 1979 s. 768.01.
This chapter does not bar actions for recovery of gifts conditioned on marriage, regardless of why the marriage did not occur. Brown v. Thomas, 127 Wis. 2d 318, 379 N.W.2d 868 (Ct. App. 1985).
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.02 - Purpose.

768.02
Purpose.
No act hereafter done within this state shall operate to give rise, either within or without this state, to any of the causes of action abolished by this chapter. No contract to marry, which shall hereafter be made in this state, shall operate to give rise, either within or without this state, to any cause of action for breach thereof, and any such acts and contracts are hereby rendered ineffective to support or give rise to any such causes of action, within or without this state.
History:  1979 c. 32 s. 51; Stats. 1979 s. 768.02.
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.03 - Unlawful to file or threaten actions barred.

768.03
Unlawful to file or threaten actions barred.
It is unlawful for any person, either as a party or attorney, to commence, or threaten to commence, in any court in this state, any action, or to serve and file in such court or threaten to so do any process, pleading or paper, setting forth or seeking to recover a sum of money upon any cause of action abolished or barred by this chapter, whether such cause of action arose within or without this state.
History:  1979 c. 32 s. 51; Stats. 1979 s. 768.03.
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.04 - Time for filing actions.

768.04
Time for filing actions.
(1)
All actions for breach of contract, now existing, to marry shall be commenced, and the process, pleading or paper setting forth the same filed, within 6 months of January 1, 1960 and, if not so commenced and filed, shall thereafter be barred.
(2)
Actions for alienation of affection and criminal conversation accruing upon or prior to April 12, 1972 shall be commenced, and the process, pleading or paper setting forth the same filed, within 6 months after January 1, 1972, and, if not so commenced and filed, shall thereafter be barred.
History:  1971 c. 220; 1979 c. 32 s. 51; Stats. 1979 s. 768.04.
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.05 - Contracts executed as to such claims barred.

768.05
Contracts executed as to such claims barred.
(1)
All contracts and instruments of every kind, which may hereafter be executed in this state in payment, satisfaction, settlement, or compromise of any claim or cause of action abolished or barred by this chapter, whether such claim or cause of action arose within or without this state, are declared to be contrary to the public policy of this state and void.
(2)
No person shall cause, induce or procure any person to execute such contract or instrument, or to give, pay, transfer or deliver any money or thing of value in payment, satisfaction, settlement, or compromise of any such claim or cause of action, or to receive, take, or accept any such money or thing of value in such payment, satisfaction, settlement, or compromise.
(3)
No person, either as a party or attorney, shall commence or cause to be commenced, in any court in this state, any proceeding or action seeking to enforce or recover upon such contract or instrument, knowing it to be such, whether the same has been executed within or without this state.
(4)
This section shall not apply to the payment, satisfaction, settlement, or compromise of any causes of action which are not abolished or barred by this chapter, on any contracts or instruments heretofore executed, or to the bona fide holder in due course of any negotiable instrument which may be executed hereafter.
History:  1979 c. 32 s. 51; Stats. 1979 s. 768.05.
2023 Wisconsin Statutes & Annotations › Chapter 768 - Actions abolished. › 768.06 - Actions for recovery of property procured by fraud; corroboration required.

768.06
Actions for recovery of property procured by fraud; corroboration required.
Actions for the recovery of property received by one party from the other after the alleged contract to marry and before the breach thereof, which was procured by such party by his or her fraud in representing to the other that he or she intended to marry the other and not to breach the contract to marry, are not barred by this chapter; but such actions must be commenced within the time provided by s. 893.41 or be barred. The cause must be shown by affirmative proof aside from the testimony of the party seeking the recovery.
History:  1979 c. 32 s. 51; 1979 c. 323 s. 23; Stats. 1979 s. 768.06.