767.273.Allowances pending appeal.
Subch. III: General Procedure · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026
Full Text of Section 767.273
Official Notes
Wisconsin prints certain labelled notes with the statute — effective-date notes, cross-references, and notes of the Judicial Council. They are reproduced verbatim below. The unlabelled digest of court decisions that the Legislative Reference Bureau prints after them is annotation rather than statute, and is not reproduced.
NOTE: 2005 Wis. Act 443 contains explanatory notes.
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: 1975 c. 94; 1977 c. 105; 1977 c. 187 s. 89; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.39; Sup. Ct. Order, 146 Wis. 2d xiii (1988); 2005 a. 443 s. 176.
Plain-English Summary
An appeal can take a year, and the family still has to live. Where an action affecting the family is pending in an appellate court, an allowance for suit money, counsel fees or disbursements, or for temporary maintenance or support payments to the spouse or the children during the appeal, may be made.
The notable part is which court makes it: the proper trial court, on a motion made and decided after entry of the judgment or order appealed from. The appellate court does not have to be troubled with it, and the trial court does not lose the power simply because the case has gone up.
Frequently Asked Questions
Who awards fees while a Wisconsin family appeal is pending?
The proper trial court, on a motion made and decided after entry of the judgment or order appealed from.
What can be awarded during an appeal?
Suit money, counsel fees or disbursements, and temporary maintenance or support payments to the spouse or the children during the pendency of the appeal.