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).
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.