Wisconsin Statutes

Wis. Stat. § 767.205 (2026)

Parties; title of actions

✓ current as of July 2026

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767.205767.205 Parties; title of actions.

767.205(1)(1) Parties. The party initiating an action affecting the family is the petitioner. The party responding to the action is the respondent. All references to “plaintiff” in chs. 801 to 807 apply to the petitioner, and all references to “defendant” in chs. 801 to 807 apply to the respondent. Both parties may initiate the petition together by signing and filing a joint petition. The parties to a joint petition are joint petitioners. The parties to a joint petition shall state in the petition that both parties consent to personal jurisdiction and waive service of summons.

767.205(2)(2) When the state is a real party in interest.

767.205(2)(a)(a) The state is a real party in interest within the meaning of s. 803.01 for purposes of establishing paternity, securing reimbursement of aid paid, future support and costs as appropriate in an action affecting the family in any of the following circumstances:

767.205(2)(a)1.1. An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 49.22 or whenever s. 767.80 (6m) or (6r) applies.

767.205(2)(a)2.2. An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 49.22.

767.205(2)(a)3.3. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child’s custodial parent under ss. 49.141 to 49.161.

767.205(2)(a)4.4. Whenever aid under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child’s custodial parent under ss. 49.141 to 49.161, and the child’s family is eligible for continuing child support services under 45 CFR 302.33.

767.205(2)(b)(b)

767.205(2)(b)1.1. Except as provided in subd. 2., in any action affecting the family under a child support enforcement program, an attorney acting under s. 49.22 or 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in par. (a) do not create an attorney-client relationship with any other party.

767.205(2)(b)2.2. Subdivision 1. does not apply to an attorney who is employed by the department under s. 49.22 or a county under s. 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

767.205(3)(3) Title of actions. An action affecting the family described in s. 767.001 (1) (a) to (d) or (g) to (k) shall be entitled “In re the marriage of A.B. and C.D.”, except that an independent action for visitation under s. 767.43 (3) shall be entitled “In re visitation with A. B.”. An action affecting the family described in s. 767.001 (1) (f) or (m) shall be entitled “In re the support of A.B.”. A child custody action shall be entitled “In re the custody of A.B.”.

767.205 HistoryHistory: 1977 c. 418; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.075; 1983 a. 27 s. 2202 (57); 1987 a. 413; 1989 a. 31; 1993 a. 326, 481; 1995 a. 27 s. 9126 (19); 1995 a. 201, 275, 289, 404; 1997 a. 35, 105; 2005 a. 443 ss. 30, 32, 37, 81; 2007 a. 20.

767.205 AnnotationWhen parents each own a one-half interest in the future proceeds of real estate and the state contributes to child support, the court may not order the custodial parent to pay child support in the form of an accumulating real estate lien in favor of the state. State v. Reible, 91 Wis. 2d 394, 283 N.W.2d 427 (Ct. App. 1979).

767.205 AnnotationA mother is a necessary party in a paternity action brought by the state. State v. Jody A.E., 171 Wis. 2d 327, 491 N.W.2d 136 (Ct. App. 1992).

767.205 AnnotationA mother’s and child’s interests in a paternity action are not sufficiently identical to place them in privity for the purpose of res judicata. Chad M.G. v. Kenneth J.Z., 194 Wis. 2d 689, 535 N.W.2d 97 (Ct. App. 1995).

767.205 AnnotationSub. (2) (b) [now sub. (2) (b) 2.] allows a county corporation counsel to act as the guardian ad litem for a child in a paternity action so long as he or she only represents the child and does not represent the state in the action. Chad M.G. v. Kenneth J.Z., 194 Wis. 2d 689, 535 N.W.2d 97 (Ct. App. 1995).

767.205 AnnotationBecause a child has a right to bring an independent action for paternity under s. 767.45 [now s. 767.80], if the child was not a party to an earlier state instituted paternity action, it would be a violation of the child’s due process rights to preclude the child from litigating the paternity issue. Mayonia M.M. v. Keith N., 202 Wis. 2d 460, 551 N.W.2d 31 (Ct. App. 1996), 95-2838.

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2018–2026 · leading case: Lisa M. Zimmer v. Michael P. Zimmer, 2021 WI App 40 (Wis. Ct. App. 2021).

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Lisa M. Zimmer v. Michael P. Zimmer, 2021 WI App 40 (Wis. Ct. App. 2021). “§ 767.205(2)(a) (2017-18). All references to the Wisconsin Statutes are to the 2017-18 version.”

Jonathan J Landis (Bankr. E.D. Wis. 2025). · cites it 3× “Wis. Stat. §767.205 (1). There is only one other potential party to such an action: “[t]he state”, which is only a party in certain circumstances involving minor children.”

Pouchert (E.D. Wis. 2026). · cites it 2× “See Wis. Stat. § 767.205 (1). This sort of caption template is routinely used on standard family court forms in Wisconsin and is of absolutely no legal significance.”

Baehman v. Burke, 921 N.W.2d 1 (Wis. Ct. App. 2018). · cites it 2× “See Wis. Stat. § 767.205 (2) (2015-16). The State was represented by the Outagamie County Child Support Agency.”

— Wis. Stat. § 767.205(2) — 1 case

Jonathan J Landis (Bankr. E.D. Wis. 2025). “Wis. Stat. §767.205 (1). There is only one other potential party to such an action: “[t]he state”, which is only a party in certain circumstances involving minor children.”

— Wis. Stat. § 767.205(2)(a) — 1 case

Lisa M. Zimmer v. Michael P. Zimmer, 2021 WI App 40 (Wis. Ct. App. 2021). “§ 767.205(2)(a) (2017-18). All references to the Wisconsin Statutes are to the 2017-18 version.”

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