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767.281.Filing procedures and orders for enforcement or modification of judgments or orders.

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

In one sentenceSection 767.281 says where an enforcement or modification petition must be filed — generally the county that rendered the original judgment for support and maintenance orders.

Full Text of Section 767.281

Text sizeJump to: (1) (1m) (2) (4)

(1) APPLICABILITY. This section applies to all enforcement or modification petitions, motions or orders to show cause filed for actions affecting the family under s. 767.001 (1) (i).
(1m) GENERALLY. Except as provided in sub. (2), if a petition, motion, or order to show cause requesting enforcement or modification of a judgment or order in an action affecting the family that was granted by a court of this state is filed in a county other than the county in which the judgment or order was rendered, the petitioner or party bringing the motion or order to show cause shall send a copy of the petition, motion, or order to show cause and summons to the clerk of the court in which the judgment or order was rendered. If a question arises as to which court should exercise jurisdiction, a conference involving both judges, all counsel, and guardians ad litem may be convened under s. 807.13 (3) to resolve the question. The petitioner shall send a copy of any order rendered pursuant to the petition, motion, or order to show cause to the clerk of the court in which the original judgment or order was rendered.
(2) SUPPORT OR MAINTENANCE ORDERS. (a) Except as provided in ch. 769, if the petition, motion or order to show cause is for enforcement or modification of a child support, family support or maintenance order, the petition, motion or order to show cause shall be filed in the county in which the original judgment or order was rendered or in the county where the minor children reside unless any of the following applies: 1. All parties, including the state or its delegate if support, support arrearages, costs or expenses are assigned under ch. 49, stipulate to filing in another county. 2. The court in the county which rendered the original judgment or order orders, upon good cause shown, the enforcement or modification petition, motion or order to show cause to be filed in another county.
(b) If the parties have stipulated to filing in another county under par. (a) 1., the petitioner or party bringing the motion or order to show cause shall send a copy of the petition, motion or order to show cause and the summons to the clerk of court in the county in which the original judgment or order was rendered.
(c) If the court in the county which rendered the original judgment or order orders the petition, motion or order to show cause to be filed in another county under par. (a) 2., the petitioner or party bringing the motion or order to show cause shall attach a copy of the order when filing the petition, motion or order to show cause in the other county.
(4) SUPPORT AND MAINTENANCE PAYMENTS TO DEPARTMENT. If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify that payments of support or maintenance, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.
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: 1989 a. 212; 1993 a. 326, 481; 1995 a. 279; 1997 a. 27; 2005 a. 443 ss. 17 to 20, 126; Stats. 2005 s. 767.281.

Plain-English Summary

Families move, and the question of which county hears a later motion matters. This section answers it, and answers it differently depending on what the motion is about.

Generally. If an enforcement or modification petition is filed in a county other than the one that rendered the judgment or order, the petitioner has obligations the subsection sets out for connecting the two files.

Support and maintenance. The rule is stricter. A petition, motion or order to show cause to enforce or modify a child support, family support or maintenance order must be filed in the county where the original judgment or order was rendered — unless the parties stipulate to another county, or the rendering court orders it filed elsewhere. Where the parties stipulate, a copy goes to the clerk in the rendering county; where the rendering court orders the transfer, a copy of that order is attached to the filing in the new county. Either way, the original file is told.

The last subsection keeps payments flowing to the department regardless of which county heard the matter.

Frequently Asked Questions

Where do I file to modify Wisconsin child support?

In the county where the original judgment or order was rendered — unless the parties stipulate to another county, or the rendering court orders it filed elsewhere.

Can we agree to use a different county?

Yes. If the parties stipulate to filing in another county, the petitioner sends a copy of the petition, motion or order to show cause and the summons to the clerk in the county that rendered the original judgment.

What if the original court orders the case moved?

The petitioner attaches a copy of that order when filing in the other county.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.281), 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
Also known as: where to file modify child support Wisconsinvenue enforcement family judgmenttransfer county support order767.281 filing