(1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $81 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
814.85.Court support services surcharge.
Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2025 · Last verified July 15, 2026
In one sentenceSection 814.85 makes the clerk of circuit court add a court support services surcharge on top of specific filing fees in civil actions and forfeiture cases, with the amount depending on which fee triggered it and, for larger money claims, on how much is at stake.
Full Text of Section 814.85
Official Notes
NOTE: Par. (a) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1). (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $202 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).
NOTE: Par. (b) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $169 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d). (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $61 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).
NOTE: Par. (c) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d). (d) The court support services surcharge is in addition to the other fees listed in this subsection. (2) The clerk shall pay the moneys collected under sub. (1) (a) and (b) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).
NOTE: Sub. (2) is shown as amended eff. 11-1-26 by 2025 Wis. Act 179. Prior to 11-1-26 it reads: (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p). (3) Of each surcharge collected by the clerk under sub. (1) (c), the county treasurer shall pay $54 to the secretary of administration under s. 59.25 (3) (p) and shall retain the balance for the use of the county.
NOTE: Sub. (3) is created eff. 11-1-26 by 2025 Wis. Act 179.
Plain-English Summary
The clerk charges this surcharge whenever a person, including a governmental unit, pays specific underlying fees: the standard commencement fee, the third-party complaint fee, or the municipal-court-appeal fee under s. 814.61, or the forfeiture-action fee under s. 814.63 (1). It doesn’t apply to an action for a financial responsibility violation under s. 344.62 (2) or to violations under s. 343.51 (1m) (b) or s. 347.48 (2m).
The amount depends on which fee triggered it and, for money claims, how much is at stake. Paragraph (a) sets the base surcharge for most triggering fees — currently $68, rising to $81 on November 1, 2026. Paragraph (b), notwithstanding (a), sets a higher surcharge — currently $169, rising to $202 — when someone paying a commencement or garnishment-related fee under s. 814.61 (1) (a) or (3) or s. 814.62 (1) or (2) is seeking to recover money above the small claims threshold in s. 799.01 (1) (d). Paragraph (c), also notwithstanding (a), sets a lower surcharge — currently $51, rising to $61 — for small claims fees under s. 814.62 (3) (a) or (b), or for those same commencement or garnishment fees when the amount sought is at or below that small claims threshold. Under (d), the surcharge always stacks on top of the other fees listed elsewhere in chapter 814, rather than replacing any of them.
Where the money goes is changing along with the amounts. Currently, everything collected under (1) — (a), (b), and (c) alike — passes through the county treasurer to the secretary of administration under s. 59.25 (3) (p). Starting November 1, 2026, that remittance rule under (2) narrows to cover only what’s collected under (a) and (b); a newly created (3) instead sends a fixed $54 of each (c) surcharge to the secretary of administration, with the county keeping the balance for its own use.
All told, this section layers new revenue onto ordinary court filings, and it does so unevenly depending on the size of the claim — a structure that means someone filing an ordinary small claims case pays less in surcharges than someone filing a larger civil claim, even though both pay the surcharge for the same underlying reason.
Frequently Asked Questions
What is the Wisconsin court support services surcharge?
A surcharge the clerk of circuit court adds whenever a person pays specific fees listed in section 814.85 (1) (a), such as the standard filing fee under s. 814.61 (1) (a), the third-party complaint fee, or the municipal-court-appeal fee.
How much is the court support services surcharge in Wisconsin?
It depends: currently $68 for most triggering fees, $169 if a party is suing for money above the small claims threshold, or $51 for small claims-range fees. Those rise to $81, $202, and $61 respectively on November 1, 2026.
Does the court support services surcharge apply to a financial responsibility violation?
No. Paragraph (a) exempts an action for a financial responsibility violation under s. 344.62 (2), along with a couple of other specified violations.
Where does the money from the court support services surcharge go?
Currently, all of it flows through the county treasurer to the secretary of administration. Starting November 1, 2026, that remains true for the two larger surcharges, but the smaller surcharge under (c) is instead split, with $54 going to the state and the rest staying with the county.
Is the court support services surcharge charged in addition to the regular filing fee?
Yes. Paragraph (d) states the surcharge is in addition to the other fees listed in this subsection.
Amendment History
History: 1993 a. 16; 1995 a. 27, 201, 417; 2001 a. 109; 2003 a. 30, 33; 2003 a. 139 ss. 197 to 200; Stats. 2003 s. 814.85; 2003 a. 326 ss. 123 to 125; 2005 a. 455; 2009 a. 28, 100; 2025 a. 179.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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