767.85.Temporary orders.

Subch. IX: Paternity · Last amended 2005 · Current through 2025 Wisconsin Act 247 · Last verified September 8, 2026

In one sentenceSection 767.85 requires a temporary child support order once genetic tests put the alleged father at 99.0 percent or higher, before paternity is finally adjudicated.

Full Text of Section 767.85

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(1) WHEN REQUIRED. At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father’s parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child’s health care expenses.

(2) CONSIDERATIONS. Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.511 (1n).

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: 1997 a. 191; 1999 a. 9; 2005 a. 443 ss. 209, 252; Stats. 2005 s. 767.85.

Plain-English Summary

Paternity cases take time; children eat in the meantime. This section closes the gap without prejudging the case.

At any time while a paternity action is pending, if genetic tests show that the alleged father is not excluded and that the statistical probability of his parentage is 99.0 percent or higher, then on a party's motion the court shall make an appropriate temporary order for child support. It may also make a temporary order assigning responsibility for the child's health care expenses and directing how they are to be paid.

The threshold is the same one that raises the rebuttable presumption of paternity elsewhere in the subchapter, so the temporary order rests on the same evidence that would carry the final one.

How the amount is set. Before making the order the court considers the factors it would have to consider in granting a final judgment on the same subject. If the temporary order departs from what the percentage standard would produce, the court must give the same written explanation the child support section requires of any deviation. A temporary order is not a rough guess.

Frequently Asked Questions

Can child support be ordered before paternity is decided in Wisconsin?

Yes. Where genetic tests show the alleged father is not excluded and the statistical probability of his parentage is 99.0 percent or higher, the court shall make an appropriate temporary support order on a party's motion.

Does a temporary order cover health insurance?

The court may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses.

How is the temporary amount calculated?

By considering the same factors required for a final judgment, and if the order deviates from the percentage standard the court must comply with the written explanation requirement in the child support section.

Source & verification. The statutory text, official notes and history are reproduced verbatim from the Wisconsin Statutes, Chapter 767 (Wis. Stat. § 767.85), 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: temporary child support paternity Wisconsinsupport before paternity judgment767.85 temporary orders