(1) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
822.42.Costs, fees, and expenses.
Ch. 822: Uniform Child Custody Jurisdiction and Enforcement Act · Last amended 2005 · Last verified July 15, 2026
In one sentenceSection 822.42 requires a Wisconsin court to award the prevailing party in a custody enforcement case its necessary and reasonable expenses, including attorney fees, unless that award would be clearly inappropriate, but bars assessing fees against a state absent other statutory authority.
Full Text of Section 822.42
(2) The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Plain-English Summary
Section 822.42 sets the cost-shifting rule for enforcement proceedings. The court must award the prevailing party, which can include a state, the necessary and reasonable expenses that party incurred, and the section lists examples: costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care during the case. The award is mandatory unless the party who would have to pay shows that awarding fees and expenses would be clearly inappropriate.
The section then protects states from being on the hook for these awards. A court may not assess fees, costs, or expenses against a state unless some other law, apart from this chapter, authorizes it.
Frequently Asked Questions
If I win my custody enforcement case in Wisconsin, do I automatically get my attorney fees paid?
Section 822.42 requires the court to award the prevailing party necessary and reasonable expenses, including attorney fees, unless the party who would pay shows the award would be clearly inappropriate.
What kinds of expenses can be awarded under this section?
The section lists costs, communication expenses, attorney fees, investigative fees, expenses for witnesses, travel expenses, and expenses for child care incurred during the proceedings.
Can a state be ordered to pay the other side’s fees under this section?
A state can be the prevailing party entitled to an award, but Section 822.42 says a court may not assess fees, costs, or expenses against a state unless a law other than this chapter authorizes it.
Is the fee award automatic, or can the losing party fight it?
It is close to automatic. The court awards the expenses unless the party from whom they are sought establishes that the award would be clearly inappropriate.
Does this section cover child care expenses incurred during the litigation?
Yes. Expenses for child care during the course of the proceedings are among the costs the prevailing party can recover.
Amendment History
History: 2005 a. 130.
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
Also known as: custody enforcement attorney fees wisconsinprevailing party costs custody case wisconsinchild care expenses custody litigation wisconsinfees against the state custody case