Wisconsin Statutes

Wis. Stat. § 767.241 (2026)

Award of attorney fees and other fees and costs

✓ current as of July 2026

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767.241767.241 Award of attorney fees and other fees and costs.

767.241(1)(1) Court authority. The court, after considering the financial resources of both parties, may do the following:

767.241(1)(a)(a) Order either party to pay a reasonable amount for the cost to the other party of maintaining or responding to an action affecting the family and for attorney fees to either party.

767.241(1)(b)(b) If one party receives services under s. 49.22 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 49.22 (6) or the cost of services rendered by the state or county under s. 49.19.

767.241(2)(2) Preaction and postaction fees. Any amount ordered under sub. (1) may include sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment.

767.241(3)(3) To whom paid. The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 49.22 or 49.19, who may enforce the order in its name.

767.241(4)(4) Payment by state or county.

767.241(4)(a)(a) Except as provided in par. (b), no court may order payment of costs under this section by the state or any county which may be a party to the action.

767.241(4)(b)(b) The court may order payment of costs under this section by the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the department or its designee is substantially incorrect and that the department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

767.241 HistoryHistory: 1977 c. 105; 1979 c. 32 s. 50; 1979 c. 352 s. 39; Stats. 1979 s. 767.262; 1983 a. 27; 1993 a. 481, 490; 1995 a. 201, 279, 404; 1997 a. 27, 35, 252; 2005 a. 443 ss. 99, 112; Stats. 2005 s. 767.241.

767.241 AnnotationAn allowance of $1,000 attorney fees on appeal, after the award of a generous property settlement, constituted a penalty for appealing. Molloy v. Molloy, 46 Wis. 2d 682, 176 N.W.2d 292 (1970).

767.241 AnnotationAttorney fees on appeal depend on need, ability to pay, and whether there is a reasonable ground for the appeal. Klipstein v. Klipstein, 47 Wis. 2d 314, 177 N.W.2d 57 (1970).

767.241 AnnotationAn order for attorney fees is enforceable by contempt. The court cannot enter a judgment in favor of the attorney directly. Before a contempt order is issued, the defendant must have notice of an application by the spouse to whom the fees are payable. O’Connor v. O’Connor, 48 Wis. 2d 535, 180 N.W.2d 735 (1970).

767.241 AnnotationDenial of the wife’s motion for her husband to contribute to attorney fees to prosecute the wife’s appeal was an abuse of discretion when the issues in the case were vigorously contested and in no way frivolous. Markham v. Markham, 65 Wis. 2d 735, 223 N.W.2d 616 (1974).

767.241 AnnotationA circuit court does not have subject matter jurisdiction in a divorce action to determine attorney fees between an attorney and client who the attorney continues to represent in the divorce action. Stasey v. Stasey, 168 Wis. 2d 37, 483 N.W.2d 221 (1992).

767.241 AnnotationNonmarital assets may be considered in determining whether to order one party to contribute to the other’s fees. Doerr v. Doerr, 189 Wis. 2d 112, 525 N.W.2d 745 (Ct. App. 1994).

767.241 AnnotationUnder Ondrasek, 126 Wis. 2d 469 (1985), the overtrial doctrine may be invoked in family law cases when one party’s unreasonable approach to litigation causes the other party to incur extra and unnecessary fees. The public policy that an innocent party who is the victim of overtrial should not be burdened with the payment of extra and unnecessary attorney fees occasioned by the other party is equally applicable with respect to guardian ad litem fees. Hottenroth v. Hetsko, 2006 WI App 249, 298 Wis. 2d 200, 727 N.W.2d 38, 05-1212.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 2010–2024 · leading case: Marriage of Wagner v. Est. of Sobczak, 2011 WI App 159 (Wis. Ct. App. 2011).

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Marriage of Wagner v. Est. of Sobczak, 2011 WI App 159 (Wis. Ct. App. 2011). · cites it 11× “We reverse the order for attorney fees, but remand for a determination as to whether a fees contribution is warranted based on ability to pay under Wis. Stat. § 767.241 (2009-10). 2 BACKGROUND ¶ 2.”

Fennelly v. Norton, 985 A.2d 1026 (Conn. 2010). “§ 63-3-530 (A) (38) (2009) (“[s]uit money, including attorney’s fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court,” which include grandparent visitation petitions pursuant to § 63-3-530 [A] [33]); Wis. Stat.…”

Ann Marie Jahimiak v. David Ralph Jahimiak, 2024 WI App 5 (Wis. Ct. App. 2023). “David references the $1,200 portion of the attorney’s fees award in this appeal, but he fails to develop any argument directed toward the $1,200.”

James T. Murphy v. Nancy C. Holland (Wis. Ct. App. 2021). · cites it 12× “§ 767.241 or as a sanction for overtrial.”

Lisa J. Gill v. James B. Gill (Wis. Ct. App. 2023). · cites it 8× “9 Specifically, Gill asserts that the court did not make any of the necessary findings under § 767.241(1)(a) and that even if the court had made those findings, the record would not support them.”

Mahmoud Adel Sharaf v. Amanda Kay Sharaf (Wis. Ct. App. 2019). “§ 767.241(1) (2017-18). See Johnson v. Johnson, 199 Wis.”

Jacob Sell v. Robyn Spector (Wis. Ct. App. 2021). “Sell argues that financial disclosures are required in all actions affecting the family under WIS.”

Elizabeth Anne Fitzgibbon v. Adam Paul Fitzgibbon (Wis. Ct. App. 2024). “§ 767.241(1)(a), the circuit court may, in its discretion, “[o]rder either party to pay a reasonable amount for the cost to the other party of maintaining or responding to an action affecting the family and for attorney fees to either party.”

— Wis. Stat. § 767.241(1) — 3 cases

Marriage of Wagner v. Est. of Sobczak, 2011 WI App 159 (Wis. Ct. App. 2011). “We reverse the order for attorney fees, but remand for a determination as to whether a fees contribution is warranted based on ability to pay under Wis. Stat. § 767.241 (2009-10). 2 BACKGROUND ¶ 2.”

Mahmoud Adel Sharaf v. Amanda Kay Sharaf (Wis. Ct. App. 2019). “§ 767.241(1) (2017-18). See Johnson v. Johnson, 199 Wis.”

Jacob Sell v. Robyn Spector (Wis. Ct. App. 2021). “Sell argues that financial disclosures are required in all actions affecting the family under WIS.”

— Wis. Stat. § 767.241(1)(a) — 4 cases

James T. Murphy v. Nancy C. Holland (Wis. Ct. App. 2021). “§ 767.241 or as a sanction for overtrial.”

Lisa J. Gill v. James B. Gill (Wis. Ct. App. 2023). “9 Specifically, Gill asserts that the court did not make any of the necessary findings under § 767.241(1)(a) and that even if the court had made those findings, the record would not support them.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.