767.264 Dismissal; vacation; substitution or withdrawal of attorney.

260 words·~1 min read·/wi/chapter-767/767-264-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Opportunity to respond. An action affecting the family may not be dismissed under s. 805.04

(1)unless all the parties who have appeared in the action have been served with a copy of the notice of dismissal and have had an opportunity to file a responsive pleading or motion.

(2)Attorney fees and other amounts owing.

(a)Upon making an order for dismissal of, for substitution of attorney in, for withdrawal of attorney from, or for vacation of a judgment granted in an action affecting the family, the court shall, prior to or in its order, grant separate judgment in favor of an attorney who has appeared for a party to the action and in favor of a guardian ad litem for a party or a child for the amount of fees and disbursements to which the attorney or guardian ad litem is, in the court’s judgment, entitled and against the party responsible for the fees and disbursements.

(b)Upon making an order for dismissal of an action affecting the family or for vacation of a judgment granted in the order, the court shall, prior to or in its order of dismissal or vacation, preserve the right of the state or a political subdivision of the state to collect any arrearages, by an action under this chapter or under ch. 785 , owed to the state if either party in the case was a recipient of aid under ch. 49 .

767.264 Note NOTE: 2005 Wis. Act 443 contains explanatory notes.