767.241.Award of attorney fees and other fees and costs.

Subch. III: General Procedure · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.241 lets the court, after weighing both parties' finances, order one to pay the other's costs and attorney fees — including fees incurred before the case started or after judgment.

Full Text of Section 767.241

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(1) COURT AUTHORITY. The court, after considering the financial resources of both parties, may do the following:

(a) Order either party to pay a reasonable amount for the cost to the other party of maintaining or responding to an action affecting the family and for attorney fees to either party.

(b) If one party receives services under s. 49.22 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 49.22 (6) or the cost of services rendered by the state or county under s. 49.19.

(2) PREACTION AND POSTACTION FEES. Any amount ordered under sub. (1) may include sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment.

(3) TO WHOM PAID. The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 49.22 or 49.19, who may enforce the order in its name.

(4) PAYMENT BY STATE OR COUNTY. (a) Except as provided in par. (b), no court may order payment of costs under this section by the state or any county which may be a party to the action.

(b) The court may order payment of costs under this section by the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the department or its designee is substantially incorrect and that the department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

End

Amendment History

Wisconsin prints each section’s legislative history as a single “History” line naming every act that created or amended it, and every renumbering. It is reproduced verbatim below.

History: 1977 c. 105; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.262; 1983 a. 27; 1993 a. 481, 490; 1995 a. 201, 279, 404; 1997 a. 27, 35, 252; 2005 a. 443 ss. 99, 112; Stats. 2005 s. 767.241.

Plain-English Summary

The gate is financial resources: the court considers both parties' before it does anything. It may then order either party to pay a reasonable amount for the other's cost of maintaining or responding to the action, and for attorney fees to either party.

Where a party receives child support services or services following an assignment of income, the court may order the other party to pay the fee chargeable for them or the cost of the services the state or county rendered.

Two features make this broader than it first appears. The amount may include legal services and costs incurred before the proceeding was commenced or after judgment was entered. And payment may be ordered directly to the attorney, or to the state or county providing the services, who may then enforce the order in their own name.

The state and counties are protected from costs, with one exception: the court may order the department or its designee to pay where it finds that the record of payments and arrears they kept is substantially incorrect and they failed to correct it.

Frequently Asked Questions

Can I make my spouse pay my legal fees in Wisconsin?

The court may order it, after considering the financial resources of both parties. The order can cover the cost of maintaining or responding to the action and attorney fees to either party.

Can fees from before the case was filed be included?

Yes. The amount may include sums for legal services rendered and costs incurred before the proceeding was commenced or after judgment was entered.

Can the fees be paid straight to my lawyer?

Yes. The court may order the amount paid directly to the attorney, or to the state or county providing services, who may enforce the order in its own name.

Can the state be ordered to pay costs?

Generally no. The exception is where the court finds the record of payments and arrearages kept by the department or its designee is substantially incorrect and they failed to correct it.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.241), published by the Wisconsin Legislative Reference Bureau. Current through 2025 Wisconsin Act 247. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

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