767.501 Actions to compel support.
(1) Definitions. In this section:
(a) “Nonlegally responsible relative" means a relative who assumes responsibility for the care of a child without legal custody, but is not in violation of a court order. “Nonlegally responsible relative" does not include a relative who has physical custody of a child during a court-ordered visitation period.
(b) “Relative" means any person connected with a child by blood, marriage or adoption.
(2) Who may commence; support determination.
(a) If a person does not provide for the support and maintenance of his or her spouse or minor child, any of the following may commence a court action to compel the person to provide support and maintenance:
1. The person's spouse.
2. The minor child.
3. The person with legal custody of the child.
4. A nonlegally responsible relative.
(b) The court in the action shall, under s. 767.511 or 767.56, determine the amount, if any, that the person should reasonably contribute to the support and maintenance of the spouse or child and how the sum shall be paid. The amount shall be expressed as a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under s. 767.34 (2) (am) 1. to 3. are satisfied. The amount ordered to be paid may be modified by the court under s. 767.59 upon sufficient evidence.
(c) The determination may be enforced by contempt proceedings, an account transfer under s. 767.76, or other enforcement mechanisms under s. 767.77.
(d) In an action under this section, no filing fee or other costs are taxable to the person's spouse, the minor child, the person with legal custody, or the nonlegally responsible relative, but after the action has been commenced the court may order that all or part of any fees and costs incurred be paid by either party.
(3) Public assistance recipients; action by state. If the state or any subdivision of the state furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody, or nonlegally responsible relative does not commence an action under this chapter for support or maintenance, the person in charge of county welfare activities, the county child support agency under s. 59.53 (5), or the department is a real party in interest under s. 767.205 (2) and shall commence an action under this section. An attorney employed by the state or a subdivision of the state may commence an action under this section. The title of the action shall be “In re the support or maintenance of A.B. (Child)".
(4) Legal custody and physical placement. Upon request of a party to an action under this section, the court may make orders concerning the legal custody and physical placement of any minor child of the parties in accordance with s. 767.41.
History: 1971 c. 220; 1971 c. 307 s. 116; 1973 c. 237; 1975 c. 82; 1977 c. 105, 271; 1979 c. 32 ss. 50, 92 (4); Stats. 1979 s. 767.08; 1981 c. 317; 1983 a. 27; 1985 a. 29, 176; 1987 a. 413; 1989 a. 212; 1993 a. 481; 1995 a. 27 s. 9126 (19); 1995 a. 201, 404; 1997 a. 27, 35; 1999 a. 162; 2001 a. 16; 2005 a. 443 ss. 42, 216, 217; Stats. 2005 s. 767.501.
NOTE: 2005 Wis. Act 443 contains explanatory notes.
To find a party estopped from seeking a revision of a stipulation incorporated into a divorce judgment: 1) both parties must have entered into he stipulation knowingly and freely; 2) the overall settlement must be fair and equitable and not illegal or against public policy; and 3) one party subsequently seeks to be released form its terms on grounds that the court could not have entered the order it did without the parties agreement. Nichols v. Nichols, 162 Wis. 2d 96, 469 N.W.2d 619 (1991).
County child support agencies can initiate actions to compel support under this section without payment of a filing fee. 72 Atty. Gen. 72.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 767 - Actions affecting the family.
767.041 - Full faith and credit; comity.
767.055 - Uniform Divorce Recognition Act.
767.105 - Information from the office of family court commissioner.
767.117 - Prohibited acts during pendency of action.
767.127 - Financial disclosure.
767.13 - Impoundment of record.
767.16 - Circuit court commissioner or law partner; when interested; procedure.
767.18 - Actions to affirm marriage.
767.201 - Civil procedure generally governs.
767.205 - Parties; title of actions.
767.215 - Initiating action; petition and response.
767.217 - Notice to Child Support Program.
767.225 - Orders during pendency of action.
767.235 - Trial or hearing on judgment.
767.241 - Award of attorney fees and other fees and costs.
767.251 - Content, preparation, and approval of judgment.
767.264 - Dismissal; vacation; substitution or withdrawal of attorney.
767.273 - Allowances pending appeal.
767.281 - Filing procedures and orders for enforcement or modification of judgments or orders.
767.301 - Residence requirements.
767.315 - Grounds for divorce and legal separation.
767.323 - Suspension of proceedings to effect reconciliation.
767.331 - Actions for certain interspousal remedies.
767.333 - Initial orders based on stipulation prior to judgment.
767.335 - Waiting period for final hearing or trial.
767.34 - Court-approved stipulation.
767.35 - Judgment of divorce or legal separation.
767.36 - Copies of judgment to parties.
767.375 - Effect on transfers at death.
767.385 - Maintenance, legal custody, and support when divorce or separation denied.
767.401 - Educational programs and classes.
767.405 - Family court services.
767.407 - Guardian ad litem for minor children.
767.41 - Custody and physical placement.
767.43 - Visitation rights of certain persons.
767.44 - Prohibiting visitation or physical placement if a parent kills other parent.
767.451 - Revision of legal custody and physical placement orders.
767.461 - Revisions agreed to by stipulation.
767.471 - Enforcement of physical placement orders.
767.481 - Relocating a child's residence.
767.501 - Actions to compel support.
767.513 - Child health care expenses.
767.521 - Action by state for child support.
767.54 - Required exchange of financial information.
767.55 - Child support: employment-related orders.
767.553 - Annual adjustments in support orders.
767.57 - Maintenance, child support, and family support payments; fees.
767.58 - Notice of change of employer, address, and ability to pay; other information.
767.59 - Revision of support and maintenance orders.
767.63 - Disposed assets may be subject to division.
767.70 - Child support enforcement: notice and service of process.
767.71 - Reconciling percentage-expressed support orders.
767.73 - Delinquent child or family support; suspension of operating privilege.
767.75 - Assignment of income for payment obligations.
767.77 - Enforcement of payment obligations.
767.78 - Enforcement; contempt proceedings.
767.80 - Determination of paternity.
767.803 - Determination of marital children.
767.804 - Genetic test results.
767.805 - Voluntary acknowledgment of paternity.
767.814 - Names on pleadings after paternity determined.
767.815 - Enlargement of time in a paternity proceeding.
767.82 - Paternity procedures.
767.84 - Genetic tests in paternity actions.
767.853 - Paternity hearings and records; confidentiality.
767.855 - Dismissal if adjudication not in child's best interest.
767.86 - Time of first appearance.
767.865 - Deceased respondent.
767.87 - Testimony and evidence relating to paternity.
767.88 - Pretrial paternity proceedings.
767.893 - Default and stipulated judgments.
767.895 - Motion to reopen judgment based on statement acknowledging paternity.