modifying custody order in wisconsin

Post Judgment Modifications and Enforcement of Court Orders in Wisconsin

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In Wisconsin, spousal support (maintenance/alimony), child support, custody and placement (visitation) arrangements may be modified at any time under certain circumstances.  Situations can change which may require the court to modify your order. A change in financial circumstances may warrant a modification of child support or maintenance; whereas a physical or emotional change in your children, a change in schedule or a move may warrant a modification of placement.   There may also be times where you need the court’s assistance in enforcing orders.  If you have concerns regarding a modification or enforcement of a court order, the experienced lawyers at Nelson, Krueger & Millenbach, LLC can assist you in evaluating your case and navigate you through the process. Give the a call for your free office consultation.

What changes can warrant a modification?

 There are many situations which may warrant a modification.  The court will look at requests to modify placement and custody differently depending on how long it has been since the original order was made.   When considering a request to modify or change placement the court will look at;

  • Physical or emotional harm to the child
  • Changes in the child(ren)’s behavior and or grades
  • A substance or physical abuse problem
  • Move to a new city or state

When looking at financial modifications (i.e. child support, maintenance or family support), changes in income, job status, graduation of child or placement change may all be reasons to modify an existing order.

What can I do if the other party is not following court orders?

If your ex-spouse is not following the court order, you have options available to you.  Our attorneys are experienced in litigating contempt issues in Milwaukee, Waukesha and the surrounding areas.  There are remedies available to you.  If you are due child support or a medical bill payment, the court can garnish wages or even order jail time for non-compliance.  If placement is being withheld, the law allows for you to be awarded your attorney fees as well as make up time with your child(ren).  Give the attorneys at Nelson, Krueger & Millenbach, LLC a call at 414-258-1644 to set up a free office consultation to see how we can help you in your post-judgment divorce or family law issue.

How Do You Modify Custody or Placement in Your Divorce or Paternity Judgment?

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Often times the circumstances surrounding the agreements made at the time of your divorce do not remain the same indefinitely. This is especially the case when children are involved.

There are specific time limits that must be followed in order to modify your Divorce or Paternity Judgment accurately. A final judgment may be modified for different reasons at different times. A “final judgment,” for the purposes of requesting a modification, in a divorce proceeding includes the Findings of Fact, Conclusions of Law and Judgment of Divorce and a Marital Settlement Agreement. For a paternity case, it includes the Findings of Fact, Conclusions of Law and Judgment of Paternity.

If you want to modify custody (decision-making rights) and physical placement for your child and it is within two years of the final judgment on your paternity or divorce case, you will need to file a Motion to Modify with the court, and it is your burden to show by substantial evidence that the current custody and physical placement is harmful to the physically or emotionally harmful to the best interest of the child.

After two years has passed from the final judgment, you can file a Motion to Modify with the court if there has been a substantial change of circumstances since the entry of the last order affecting legal custody or the last order substantially affecting physical placement , and modifying the current order is in the best interest of the child.

A “substantial change of circumstance” can include, but is not limited to: a considerable change in either spouse’s income or employment status, a new health problem which impacts the ability to work, moving to a new location, and substance abuse problems or criminal activity.

If your final judgment is no longer current and new circumstances warrant a modification, please contact Nelson, Krueger and Millenbach, LLC, to discuss your case with an experienced family law attorney.