814.61(12)(b)
(b)
Maintenance payments and support. Except in counties that have designated a county support collection designee under
s. 59.07 (97m) [59.53 (5m)], for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under
s. 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under
s. 59.07 (97m) [59.53 (5m)], the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:
814.61 Note
NOTE: Par. (b) (intro.) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
814.61(12)(b)1.
1. The clerk has standing to move the court for a remedial sanction under
ch. 785.
814.61(12)(b)3.
3. The clerk may apply to the court or court commissioner for an assignment relating to the annual fee in accordance with
s. 767.265 or for an account transfer relating to the annual fee in accordance with
s. 767.267.
814.61(12)(c)
(c)
Deposits in contempt proceedings. For receiving and disbursing deposits made under
s. 818.12 in contempt proceedings under
ch. 785, $10 per deposit. The $10 fee shall be deducted from the deposit, unless the entire deposit is ordered returned to the defendant, before applying the deposit to the satisfaction of a judgment under
s. 818.14.
814.61(12)(cm)
(cm)
Maximum receiving and disbursing fee. Beginning on August 15, 1991, the cumulative total for all annual fees owed by a party for each order but not paid to the clerk under
par. (b) may increase only by any unpaid annual fee due from that party for that order under
par. (b).
814.61(13)
(13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under
s. 49.148,
49.153 or
49.155 or aid under
s. 49.19,
49.46,
49.465,
49.468 or
49.47 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.
814.61(14)
(14) Petition for occupational license. On filing a petition for an occupational license under
s. 343.10 (4), $40.
814.61 History
History: 1981 c. 317;
1983 a. 27;
1983 a. 189 s.
329 (28);
1983 a. 228,
447,
538;
1985 a. 29,
169;
1987 a. 27 ss.
2143p,
3202 (24);
1987 a. 144,
355,
399;
1989 a. 31;
1989 a. 56 s.
259;
1989 a. 191;
1991 a. 39,
221,
269;
1993 a. 16,
319,
326,
481,
491;
1995 a. 27,
201,
224,
269,
279,
289,
306; s. 13.93 (2) (c).
814.61 Annotation
Trial court has discretion to allow a jury trial where fees under s. 814.61 (4) were not timely paid. Chitwood v. A. O. Smith Harvestore, 170 W (2d) 622, 489 NW (2d) 697 (Ct. App. 1992).
814.61 Annotation
Discussion of circumstances under which additional fees under (13) are to be paid. 75 Atty Gen 1.
814.61 Annotation
If a domestic abuse petition is filed under 813.12 (2) in conjunction with or in a pending action affecting the family no separate filing fee is required.
80 Atty. Gen. 231.
814.612
814.612
Fees of designee for receiving and disbursing support. In a county that has designated a county support collection designee under
s. 59.07 (97m) [59.53 (5m)], the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under
s. 59.07 (97m) (b) 1. [59.53 (5m) (b) 1.], shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:
814.612 Note
NOTE: The bracketed language indicates the correct cross-references. Corrective legislation is pending.
814.612(1)
(1) The support collection designee has standing to move the court for a remedial sanction under
ch. 785.
814.612(2)
(2) The support collection designee may apply to the court or court commissioner for an assignment relating to the annual fee in accordance with
s. 767.265.
814.612 History
History: 1995 a. 279.
814.615
814.615
Fees for mediation and studies. 814.615(1)(a)(a) Except as provided under
sub. (2), for family court counseling services provided under
s. 767.11 a county shall collect the following fees:
814.615(1)(a)2.
2. For all mediation provided after the first session mediation described under
subd. 1., a single fee of $200, regardless of the number of mediation sessions held.
814.615(1)(b)
(b) The county shall determine when and how to collect the fees under
par. (a). Subject to
sub. (3), the county shall reduce the fees in accordance with the parties' ability to pay or provide the services without payment of the fees if both parties are unable to pay.
814.615(2)
(2) In lieu of the fee under
sub. (1) (a) 2. or
3., a county may establish a fee schedule to recover its reasonable costs of providing family court counseling services under
s. 767.11. A fee schedule established under this subsection may apply in lieu of the fee under
sub. (1) (a) 2. or
3. or both, and shall require no fee for the first mediation session conducted upon referral under
s. 767.11 (5); provide for payment for any other services based on the parties' ability to pay; and take into account the fees the county collects under
s. 814.61 (1) (b) and
(7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to
sub. (3), the county shall provide family court counseling services to the parties even if both parties are unable to pay.
814.615(3)
(3) The court or family court commissioner shall direct either or both parties to pay any applicable fee under this section. If either or both parties are unable to pay, the court shall grant a separate judgment for the amount of the fees in favor of the county and against the party or parties responsible for the fees.
814.615(4)
(4) The county treasurer shall deposit fees collected under this section in a separate account for the exclusive purpose of providing mediation services and studies under
s. 767.11.
814.615 History
History: 1987 a. 355;
1991 a. 269.
814.615 Note
NOTE: 1987 Wis. Act 355, which created this section, contains explanatory notes.
814.62
814.62
Fees in garnishment, wage earner and small claims actions. The clerk of court shall collect the fees provided in this section. Unless a specific exemption is provided, a governmental unit, as defined in
s. 108.02 (17), shall pay fees under this section. The clerk shall collect the following fees:
814.62(1)
(1) Garnishment actions. The fee for commencing a garnishment action under
ch. 812, including actions under
s. 799.01 (1) (d) 2., is $20. Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $12.50 to the appropriation under
s. 20.680 (2) (j).
814.62(2)
(2) Wage earner actions. The fee for commencing wage earner amortization proceedings under
s. 128.21 is $10.
814.62(3)(a)(a) In a small claims action under
ch. 799, at the time of issuance of a summons or other process in a proceeding not commenced by a summons, the plaintiff shall pay to the clerk of court a fee of $22.
814.62(3)(b)
(b) If a counterclaim or cross complaint is filed under
s. 799.02 (1), the person filing the same shall pay a fee equal to the difference between the fee under
s. 814.61 (1) (a) and the fee under
par. (a).
814.62(3)(c)
(c) For all other services of the clerk in a small claims action, the clerk shall collect the fees prescribed in
s. 814.61.
814.62(3)(d)2.2. Of the fees received by the clerk under
par. (a), the county treasurer shall pay $11.80 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit the $11.80 to the appropriation under
s. 20.680 (2) (j).
814.62(3)(d)3.
3. Of the fees received by the clerk under
par. (b), the county treasurer shall pay $27.20 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $10 of the $27.20 to the appropriation under
s. 20.680 (2) (j).
814.62(3)(e)
(e) If any party files a demand for a jury trial in any action under
ch. 799, the party demanding the jury trial shall pay a fee equal to the difference between the fee under
s. 814.61 (1) (a) and the fee under
par. (a), in addition to the fee under
s. 814.61 (4).
814.62(4)
(4) Mailing fee. For service by mail under
s. 799.12, the clerk shall collect $2 for each defendant to cover the expense of mailing. If service by certified mail return receipt requested is required, the clerk shall collect for each defendant $2 plus the cost for the certified mailing, rounded up to the nearest dollar.
814.63
814.63
Fees in forfeiture actions. 814.63(1)(b)(b) In all forfeiture actions in circuit court, the clerk of court shall collect a fee of $25 to be paid by the defendant when judgment is entered against the defendant.
814.63(2)
(2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except an action for a safety belt use violation under
s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.
814.63(3)
(3) In addition to any forfeiture imposed, the defendant shall be required to pay any applicable:
814.63(4)
(4) In forfeiture actions in which a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district prevails, costs and disbursements shall be allowed to the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district subject only to
sub. (2) and such other limitation as the court may direct.
814.63(5)
(5) Of the fees received by the clerk under
sub. (1) (b), the county treasurer shall pay $17.50 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $17.50 to the appropriation under
s. 20.680 (2) (j).
814.63 History
History: 1981 c. 317;
1985 a. 36;
1987 a. 27,
399;
1989 a. 22,
31,
64,
97,
107,
359;
1991 a. 26,
39,
130;
1993 a. 16,
167,
313;
1995 a. 27,
227,
349.
814.63 Annotation
Municipality must pay five dollar fee imposed under (2), upon disposition of a forfeiture action in court for municipal ordinance violation; the fee may not be passed on to the defendant.
80 Atty. Gen. 151.
814.634
814.634
Fee for court support services. 814.634(1)(b)
(b) Notwithstanding
par. (a), the clerk of circuit court shall charge and collect a $100 court support services fee 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).
814.634(1)(c)
(c) Notwithstanding
par. (a), the clerk of circuit court shall charge and collect a $30 court support services fee 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).
814.634(1)(d)
(d) The court support services fee is in addition to the other fees listed in this subsection.
814.634(2)
(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 state treasurer under
s. 59.25 (3) (p).
814.634 History
History: 1993 a. 16;
1995 a. 27,
201,
417.
814.635
814.635
Justice information system fee and special prosecution clerks fee. 814.635(1)
(1) Except for an action for a safety belt use violation under
s. 347.48 (2m), the clerk of circuit court shall charge and collect a $5 justice information system fee 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),
814.62 (1),
(2) or
(3) (a) or
(b) or
814.63 (1). The justice information system fee is in addition to the other fees listed in this section.
814.635(1m)
(1m) Beginning October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee under
sub. (1), he or she shall also charge and collect a $2 special prosecution clerks fee. The special prosecution clerks fee is in addition to the other fees listed in
sub. (1).
814.635(2)
(2) The clerk shall pay the moneys collected under
subs. (1) and
(1m) to the county treasurer under
s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under
s. 59.25 (3) (p).
814.64
814.64
Fees on appeal to court of appeals or supreme court. The fees on appeal to the court of appeals and the supreme court are prescribed in
s. 809.25 (2).
814.64 History
History: 1981 c. 317.
814.65
814.65
Fees of the municipal court. 814.65(1)
(1)
Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with
s. 347.48 (2m), the municipal judge shall collect a fee of $15 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons or the action is tried as a contested matter. Of each $15 fee received by the judge under this subsection, the municipal treasurer shall pay monthly one-third to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.
814.65(2)
(2) Witness and interpreter's fees. The fees of witnesses and interpreters shall be paid as specified in
s. 814.67.
814.65(3)
(3) Attorney fees. A municipal court shall not impose and collect attorney fees.
814.65(4)(a)(a) Other than fees specified in
sub. (1) and costs specified in
par. (b), no fees or costs are taxable by a municipality to a party before a municipal court unless it is directly chargeable to the municipality as a disbursement, such as service of process costs.
