Sheboygan County Circuit Court, Wisconsin Filing Fees and Waivers

CRITICAL

In a post-judgment custody or physical-placement matter, the party seeking a change to the judgment is responsible for payments due in advance.

In a post-judgment matter relating to the custody or physical placement of a child or children the party seeking a change in the judgment with respect to those issues shall be responsible for any payments due in advance.

CRITICAL

An indigency-based waiver of costs and fees is available outside felony and misdemeanor proceedings, with the required petition and affidavit.

In all actions, except felony and misdemeanor proceedings, in which a party seeks waiver of costs and fees due to indigency, a Petition of Waiver of Fees/ Costs and Affidavit of Indigency must be completed. [Appendix A]

CRITICAL

Applies to

Jury fee

The nonrefundable jury fee must be paid at or before the scheduling conference.

The nonrefundable jury fee is payable at or before the scheduling conference.

CRITICAL

In an original action involving custody or physical placement, the parties are equally responsible for advance mediation, study, and guardian ad litem fees and are presumed equally responsible for the total fees.

In an original action where custody or physical placement of a child or children is an issue the parties shall be equally responsible for the payment of any fees for mediation, custody or physical placement studies or guardian ad litem fees due in advance and will be presumed to be equally responsible for the total fees.

CRITICAL

If a parent fails to attend the 'Remember the Children' program or fails to attend mediation, the entire guardian ad litem deposit under Rule 1005 shall be paid by that parent.

If a parent fails to attend the 'Remember the Children' program or fails to attend mediation, the entire guardian ad litem deposit under Rule 1005 shall be paid by that parent.

CRITICAL

The court must waive costs and fees if the affidavit establishes a listed eligibility basis, and must consider the stated financial factors and federal poverty guidelines when assessing poverty-based eligibility.

The court shall order a waiver of costs and fees if the affidavit demonstrates any of the following: 1. The person is a recipient of means-tested public assistance. The person is represented by an attorney through a legal services program for indigent persons. That the person is otherwise unable, because of poverty, to pay such sums. In determining a person's eligibility for waiver, the court shall consider the person's household size, income, expenses, assets and debts and the federal poverty guidelines under 42 USC 9902(2).

CRITICAL

A party unable to pay fees may request relief by motion, and the court may allocate fees or enter a judgment for them based on indigency.

If one or both of the parties allege that they are unable to pay the fees, that party may request relief from payment by motion which may be made to the family court commissioner or the court in an original action and to the court in a post-judgment action. If one of the parties is indigent, the court or court commissioner may order the other party to pay the fee. If both are indigent, 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.

CRITICAL

A jury fee is assessed when a civil jury trial settles within two business days of trial, but the judge may waive it for good cause.

When a civil jury trial is settled within two business days of the trial date, a jury fee for a twelve person jury or for a six person jury, as applicable, shall be assessed. The presiding judge may waive the late settlement assessment upon a showing of good cause.

CRITICAL

Applies to

Order to show cause

An Order to Show Cause must be filed and a fee paid to obtain a hearing date and time.

1012 File Order to Show Cause and pay fee to obtain date and time for hearing

CRITICAL

Applies to

Enforcement or modification motion

A party seeking to enforce or modify a covered judgment or temporary order must pay the required fee before obtaining a hearing date and time.

Prior to obtaining a date and time from the court, any party seeking to enforce or modify a judgment or portion of judgment of divorce or a temporary order of the Family Court Commissioner, shall file with the Clerk of Circuit Courts an Order to Show Cause or other appropriate Motion and pay such fee as required.

CRITICAL

Fee

$1000

When a guardian ad litem is appointed in a family action, a full or partial $1,000 prepayment must be paid directly to the guardian upon acceptance for deposit in the guardian’s trust account, subject to further court order.

In any action affecting the family in which a guardian ad litem is appointed by the court a full or partial prepayment in the amount of $1,000 shall be paid directly to the appointed guardian ad litem, upon acceptance of the appointment, for deposit in his or her trust account, subject to further order of the court.

CRITICAL

Applies to

Mediation and custody or placement study fees

Mediation and custody or physical placement study fees must be paid directly to the Clerk of Circuit Courts, which accepts the listed payment methods.

Fees for mediation and custody or physical placement studies are payable directly to the Clerk of Circuit Courts, Courthouse, 615 N. 6th Street, Sheboygan, WI 53081. The Clerk of Circuit Courts will accept cashier checks, cash, money orders, personal checks or checks drawn on an attorney's account.

CRITICAL

Fee

$5

Applies to

Satisfaction

A $5.00 satisfaction fee is assessed for each affected judgment.

A satisfaction fee of $5.00 per affected judgment is assessed.

WARNING

Applies to

Facsimile document transmitted directly to court

A directly faxed document is accepted only if the circuit court does not have to pay an additional fee or charge to accept or receive it.

e. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

WARNING

In all contested adoption proceedings the petitioners shall advance the sum of

In all contested adoption proceedings the petitioners shall advance the sum of

WARNING

The court or commissioner may order reimbursement of fees advanced by another party, considering the parties’ ability to pay, the action’s result, settlement conduct, and other equitable factors.

The court or court commissioner may also require a party to reimburse the other party for fees advanced by that party. Factors to be considered as to reimbursement are the relative ability of the parties to pay, the results of the action, the conduct of the parties with respect to attempts to obtain a settlement by other than resort to the judicial system, and other equitable factors which the court might consider.

WARNING

Fee

$100

Guardian ad litem fees must be billed at the SCR 81.02 rate or a rate the court finds reasonable, and the court will not order Sheboygan County to pay more than $100 per hour.

Guardian ad litem fees in all cases shall be billed at the rate of compensation established by SCR 81.02 or as determined reasonable by the court. Under no circumstances will the Court order Sheboygan County to pay compensation in excess of the $100 per hour rate established in SCR 81.02.

WARNING

Fee

$100

Applies to

Custody and physical placement mediation

Custody and physical-placement mediation through family court counseling services costs $100 for services beyond the initial session.

The cost for custody and physical placement mediation provided by family court counseling services shall be $100.00 for services beyond the initial session.

WARNING

Applies to

Facsimile transmission

No fee is required for facsimile transmissions of documents to the court.

1202 No fee requirement

WARNING

Applies to

Facsimile document transmitted through non court intermediary

A facsimile sent through a non-court intermediary is accepted only if the circuit court does not have to pay an additional fee or charge to accept or receive it.

b. No additional fee or charge must be paid by the circuit court for accepting or receiving the facsimile document.

WARNING

Fee

$300

Applies to

Custody or physical placement study

A custody or physical-placement study costs $300.

The cost for a custody or physical placement study shall be $300.00.

INFO

Fees for small claims forms may be paid through the Court System website or submitted with printed forms through the Clerk of Courts office.

The forms may be submitted and fees paid through the Court System website. In the alternative, the printed forms and fees may be submitted through the Clerk of Courts office.

INFO

Applies to

Facsimile document transmitted through non court intermediary

No filing fee is required for a facsimile document transmitted through a non-court intermediary.

a. No filing fee is required.

INFO

Applies to

Facsimile document transmitted directly to court

No filing fee is required for a facsimile document transmitted directly to the court.

d. No filing fee is required.