The Clerk of Court and Guardians for a Child's Settlement in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

If the amount awarded to a child does not exceed $50,000, exclusive of interest and costs and disbursements, and there is no guardian of the child's estate, a Wisconsin court may fix the expenses and fees and direct the total recovery to be paid to the clerk of court.

The clerk-of-court route

Wis. Stat. 807.10(3) says that, in the order approving settlement, the court may fix and allow the expenses of the action, including attorney fees and guardian ad litem fees, authorize payment of the total recovery to the clerk of court, and authorize the guardian ad litem, on payment, to satisfy the judgment, execute releases and stipulate to dismissal.

Where the $50,000 comes from

The statute ties the limit to "the amount specified under s. 867.03 (1g)," the small-estate transfer-by-affidavit figure (Wis. Stat. 867.03), which is currently $50,000 according to the Wisconsin State Bar form and other sources we read. It could change if the legislature changes that section.

Larger amounts and guardians

Above that figure, or where a guardian of the child's estate exists, the settlement is made by the guardian, if represented by an attorney, with court approval. We did not read the rules on guardian bonds, accounts or structured settlements.

Next steps

Read why a court must approve and how the court allows attorney fees, and see what is left in the Wisconsin minor's settlement calculator.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.