Your Life Changes – So Should Your Court Order
Over the years, life changes. If you received a court order regarding spousal maintenance, child support, or child custody and visitation, it might be time to update it. If you need an attorney’s assistance to modify an existing court order, Crothers Law, S.C., can help you. We have served eastern Wisconsin for more than 17 years, offering friendly and professional legal services in all areas of family law.
Seeking A Post-Judgment Modification In Wisconsin
If you and the other party named in the court order agree on the terms of a modification, then the process is simple. All you have to do is file a petition with the court and a judge will likely approve it. Even so, it is wise to have a family law attorney review the petition to ensure that it is clear, enforceable and does not take advantage of your rights.
If the other party does not agree to a modification, you will need to file a petition and appear before a judge. Courts will issue modifications only if there is a significant change in your circumstances, such as:
- Substantial increase or decrease of income
- Relocation out of state
- Presence of addiction, domestic abuse or severe mental illness
- Change in the needs of the child
- One party refuses to comply with an existing order
When you sit down with us, we can help you determine whether you have the grounds to petition the court for a post-judgment modification.
Wisconsin Courts “Two-Year Rule” For Modifications
Under Wis. Stat. § 767.451, a party usually cannot ask the court to change a custody or placement order within two years of the final judgment unless they can show that the current arrangement is causing substantial physical or emotional harm to their child.
The purpose of this “cooling-off period” is to prevent parents from repeatedly returning to court right after a divorce judgment simply because they are unhappy with the outcome. The law is designed to provide stability for children and minimize litigation. After two years have passed, the standard becomes less restrictive, though the parent requesting the change must still show proof that a modification is in their child’s best interests and that there has been a substantial change in their circumstances since the last order.
However, this rule does not mean a modification is impossible within two years. It just means the requesting parent must meet a much higher legal standard. A Milwaukee family law lawyer can help assess the parent’s situation and inform them of their available options.
The Role Of The Guardian Ad Litem
In many contested custody or placement cases involving children, the court appoints a Guardian ad Litem (GAL). A GAL is a lawyer that represents the best interests of the child, not the wishes of either parent.
This role becomes especially crucial when parents have strong disagreements about where the child should live, how much time each parent should have or whether to change a custody order. The GAL investigates the situation by speaking with the parents, the child if appropriate, teachers, therapists, caregivers and sometimes other relevant witnesses. The GAL may also review school records, medical records, police reports or other documents.
After gathering information, the GAL makes a recommendation to the court about what arrangement is in the child’s best interests.
Child Support Modifications In Wisconsin
Unlike custody and placement orders, child support modifications are often tied to financial changes. A parent may file a request with the court for a modification if there has been a substantial change in their income, employment, placement schedule or the child’s needs (e.g., medical, educational, or childcare).
It is important to note that simply wanting to pay less or receive more is not enough. The requesting parent should be prepared to show evidence such as pay stubs, tax returns, work termination records, childcare expenses or placement records. If the court finds that the current child support amount is no longer fair or consistent with Wisconsin’s child support guidelines, it may adjust the order.
Modify An Existing Order With Our Help
Do you need help modifying a court order? Ask Crothers Law, S.C., how to get started. You can call our Milwaukee office at 414-348-8302 or send us an email to set up a free initial consultation.