1
DOUGLAS COUNTY FAMILY COURT HANDBOOK
TABLE OF CONTENTS PAGE
INTRODUCTION 2
I. Divorce Procedures
2
A. Starting the Divorce
2
B.
Financial Disclosure Statement
3
C. Temporary Order
Hearing
4
D. Status Conference
5
E
. Stipulation
5
F
. Trial
5
G
. Divorce Judgment
6
H
. Reconciliation
6
I
. Legal
Separation
6
J.
Annulment
6
II. Major Issues
in
Divorce
7
A. Grounds
for Divorce
7
B
.
Legal
Custody
7
C
. Physical Placement
7
D
. Mediation
8
E
. Guardian ad Litem
8
F
. Guidelines
Regarding
Children
9
G. Parenting Seminar
10
H. Moving
With
Children
10
I
. Maintenance
11
I
. Child Support
12
J.
Wisconsin
Support
Collections
Trust Fund 13
K
. Income Assignment
13
L
. Tax Exemption
14
M
. Property Division
14
III. Post-Judgment Procedures and Issues
15
A. Modifiable I
ssues in General
15
B. Modification of Child Support
15
C. Modification of Maintenance
16
D. Modification of Custody/Placement
16
E. Enforcement of Child Support Payments
16
F. Enforcement of Custody and Placement Rights
17
APPENDIX 18
2
INTRODUCTION
The
purpose
of
this
handbook
is
to
provide
Court
information
about
court
actions
affecting
the
family
in
Douglas
County.
This
handbook
is
intended
to
comply
with
the
provisions
of §
767.105 of the Wisconsin Statutes
(
Stats.)
.
This
handbook
is
for
informational
purposes
only
and
s
hould
not
be
construed
as
legal
advice.
The
information
in
this
h
andbook
may
not
apply
for
all
situations
and
is
not
equivalent
to
personal
legal
advice
or
representation.
If
you
have
a
specific
legal
question
concerning
your
case
you
should
contact
an
attorney.
You
can
also
review
Wisconsin
Statutes
Chapter
767,
which
contains
law
on
actions
affecting
the
family.
The
Douglas
County
law
library
and
the
public
librar
y
also have copies of the Wisconsin Statutes.
FAMILY COURT COMMISSIONER STAFF
Rebecca Lovejoy,
Family Court Commissioner
;
Family Court Services
Director
Amber Popplewell
,
Judicial Assistant
Douglas County Courthouse, Room 301
1313 Belknap Street
Superior, WI 54880
Telephone: (
715) 395-1474
- Fax: (
715) 395-1261
I. DIVORCE PROCEDURES
A. STARTING THE DIVORCE*
*(
This
guide
refer
s
to
divorce
rather
than
legal
separation
or
annulment.
Most
information
about
custody,
support
and
property
is
the
same
whether
the
action
is
for
divorce,
l
egal
separation
or
annulment
.
)
Throughout
this
guide
number
s
for
forms
which
can
be
obtained
at
wicourts.go
v,
are
provided in parenthesis.
Before
a
divorce
action
can
be
started,
you
or
your
spouse
must
have
lived
in
the
State
of
Wisconsin
for
at
least
6
months,
and
must
have
lived
in
Douglas
County
for
at
least
30
days.
Once
this
residency
requirement
is
met,
a
divorce
action
can
be
filed
.
A
legal
separation
or
annu
lment
may
be
started
after
a
30-
day
residency
in
Wisconsin
and
Douglas
A
filing
fee is required.
The
divorce
is
started
when
the
Summons
and
Petition
(
forms
FA-4104/4105;
FA-4108/4109)
signed
by
the
person
(s)
seeking
the
divorce
,
are
filed
with
the
Clerk
of
Court
.
Unless
it
is
a
Joint-
Petition,
the
Summons
and
Petition
must
be
served
on
the
other
spouse.
Service
of
the
Summons
and
Petition
occurs
when
someone,
usually
the
sheriff
’s
deputy
or
private
process
server,
delivers
the
papers
to
the
Respondent.
The
server
then
provides
the
Petitioner
with
an
Affidavit
of
Service
(form
FA-4120).
Service
of
the
Summons
must
be
done
by
someone
other
than
the
Petitioner.
If
the
other
party
will
adm
it
s/he
has
received
the
paperw
o
r
k,
servi
c
e
can
be
accomplished
by
an
Admission
of
S
ervice
(form
FA-4119
).
If
the
papers
cannot
be
served
on
the
Respondent
personally,
then
the
C
ourt
may
permit
the
papers
to
be
published
in
the
newspaper
and
mailed
to
the
other
party,
and
the
Petitioner
will
file
proof
of
publication
and
mailing
(forms FA-4122
;
FA-4123; FA-4123V).
3
If
both
spouses
want
a
divorce
then
a
Joint
Petition
(
forms
FA-4110/4111)
may
be
filed.
No
Summons or service is necessary if there is a Joint Petition.
The
party
seeking
the
divorce
is
the
Petitioner
and
the
other
spouse
is
the
Respondent.
If
both
parties filed they are Joint-Petitioners.
In
Wisconsin
,
a
divorce
cannot
be
granted
until
at
least
120
days
after
the
day
the
Summons
was
served
on
the
other
party
,
or
until
120
days
after
filing
of
a
Joint
Petition.
During
this
"cooling-
off"
period
decisions
must
be
made
concerning
issues
such
as
legal
custody
and
physical
placement
,
use
of
the
marital
residence
and
payment
of
debts,
maintenance
and
child
support.
Those
issues
can be
addressed at
a Temporary Order Hearing (forms FA-4128/4129VA
).
Some
people
choose
not
to
hire
an
attorney
during
the
divorce
process.
A
person
who
is
involved
in
litigation
and
has
not
hired
an
attorney
is
appearing
"
pro
se
".
"
Pro
se
"
means
"by
on
e'
s
self".
If
there
are
any
disputes
about
legal
custody,
physical
placement,
support,
or
property division, m
any
people find that it is best to have an
attorney.
Even
if
the
parties
are
in
full
agreement
on
all
issues
and
nei
ther
party
chooses
to
retain
an
attorney,
the
basic
divorce
procedures
still
apply.
I
nformation
about
the
procedure
for
obtaining
a
divorce
is
available
from
the
Family
Court
Commissioner
(FCC),
or
online
at
www.wicourts.gov
(click
on
forms,
circuit
court,
family)
.
Obtaining
,
properly
completing
and
filing
the
divorce
forms
is
the
responsibility
of
the
parties.
The
FCC
is
not
able
to
give
legal
advice
to
pro
se
litigants.
Pro
se
litigants
are
held
to
the
same
legal
standards
as
a
lawyer
and must follow the same procedures that a lawyer must follow.
B.
F
INANCIAL DISCLOSURE STATEMENT
When
a
divorce
is
started
both
parties
must
make
a
full
disclosure
of
the
ir
assets
,
income
and
liabilities
in
a
Financial
Disclosure
Statement
(
form
FA-4139)
.
The
Financial
Disclosure
Statement
lists
the
assets,
income,
debts
and
monthly
budgets
of
each
party.
All
assets
must
be
disclosed.
Even
if
the
parties
have
reached
an
agreement
as
to
how
the
assets
are
to
be
divided,
the
assets
must
be
listed
on
the
Financial
Disclosure
Statement.
Wisconsin
Law
also
requires
the
parties
to attach current paystubs and W-2s to
the
Financial Disclosure Statement.
Of
particular
importance
on
the
financial
disclosure
is
the
valuation
of
real
estate
and
pension/profit
sharing
rights
of
the
parties
,
as
those
assets
may
represent
a
substantial
portion
of
the
marital
property.
It
is
also
important
to
state
all
the
income
of
the
parties
accurately
because
this information is important if there is a future request
regarding
child support or
maintenance.
C. TEMPORARY ORDER HEARING
If
parties
are
in
agreement
dur
i
ng
the
pendency
o
f
the
divorce
regarding
legal
custody
and
physical
placement
of
children;
payment
of
child
support
or
maintenance;
payment
of
debt;
use
of
the
marital
residence
and
personal
property;
and
other
such
orders
,
they
can
submit
a
Stipulation
for
Temporary
Order
(form
s FA-4126/4127VA).
If
parties
are
not
in
agreement,
either
party
can
file
a
Motion
or
Order
to
Show
Cause
with
a
supporting
Affidavit
for
a
temporary
order
(form
s
FA-4128/4129VA/VB
).
Th
is
hearing
is
held
by
the
FCC
in
Room
301
of
the
Douglas
County
Courthouse
at
1313
Belknap
St
reet
in
Superior
.
4
At
the
hearing
the
FCC
will
make
temporary
orders
regarding
legal
custody
and
physical
placement
of
children;
payment
of
child
support
or
maintenance;
payment
of
debt;
use
of
the
marital
residence
and
personal
property
;
and
other
such
orders
.
The
parties
and
their
attorneys
will
each
receive
a
copy
of
th
e
Temporary
Order.
This
Order
remains
in
effect
until
the
judgment
of divorce is granted or the case is dismissed.
The
Temporary
Order
also
restrains
the
parties
from
harassing
each
other
and
from
interfering
with
each
other.
The
parties
are
ordered
not
to
se
ll
or
dispose
any
property
without
consent
of
each
other
or
order
of
the
court,
and
to
n
ot
change
medical
or
life
insurance
coverage
during
the
divorce
action.
The
Or
der
also
directs
the
parties
not
to
borrow
money
while
the
divorce
is
pending.
A party
may be a
sked to bring to
the
temporary order
hearing the following
information:
1.
Wage statements for the previous 8 weeks;
2.
Last t
wo years income tax returns, including W-2s;
3.
Life insurance policies;
4.
Last bank statements for all accounts, including checking and savings accounts;
5.
R
ecords o
f IRA’s, CD’
s, stocks, bonds, and any other evidence of value of assets;
6.
Statements of
mortgage
balance
and last real estate tax statement;
7.
Retirement/
pension information;
8.
Latest bills showing balance owed to each creditor;
9.
Utility
bills;
10.
Interest in any
business,
partnerships, Limited Liability Company or corporation;
11.
Future interests, whether vested or non-vested;
12.
Any other financial interest or source.
As
soon
as
possible
,
prepare
a
list
of
household
fur
nishings
,
equipment,
appliances,
tools,
etc.,
stating
a
value
based
on
what
someone
would
pay
for
these
items
considering
the
fact
that
they
are
now
used.
A
party
may
be
asked
to
sign
releases
for
information
concerning
pensions,
401(K)
or
profit
sharing
plans,
cash
value
of
insurance
policies
and
bank
accounts.
Information
gathering
and
organizing
is
probably
the
most
essential
of
the
divorce
process.
While
gathering
all
of
the
financial
information
may
be
tedious,
the
preparation
will
make
the
entire process easier in the long run.
D. STATUS CONFERENCE
After
the
matter
has
been
pending
for
60
to
90
days,
the
Court
will
schedule
a
status
c
onference
.
A
party
can
also
request
that
a
status
conference
be
scheduled
any
time
(form
FA-4132)
.
The
purpose
of
th
e
status
conference
is
to
determine
what
issues
may
be
in
dispute,
discuss
the
necessary forms,
and schedule further hearings as may be necessary.
At
the
status
conference
the
parties
will
be
asked
to
obtain
and
complete
certain
forms,
such
a
s
the
F
inancial
Disclosure
Statement
,
a
Marital
Settlement
Agreement
(
forms
FA-4150/4151)
;
the
Findings
of
Fact,
Conclusions
of
Law,
and
Judgment
of
Divorce
(
forms
FA-4160/4161VA)
;
and
the
Divorce/Annulment
Worksheet
(douglascountywi.org,
Court
Commissioner
Department)
for
future submission to the court
.
5
E.
STIPULATED FINAL HEARING/DEFAULT DIVORCE
Most
divorces
are
settled
by
an
agreement
known
as
a
Marital
Settlement
Agreement
.
The
Marital
Settlement
Agreement
will
contain
the
agreement
of
the
parties
on
legal
custody,
physical
placement
(formerly
known
as
visitation),
child
support,
division
of
property,
payment
of
debts,
maintenance,
and
any
other
matters
relating
to
the
divorce.
If
a
divorce
is
settled
by
a
stipulat
ed
Marital
Settlement
Agreement
,
the
matter
can
be
heard
in
a
very
short
time
after
agreement has been
reached and the 120-day waiting period has passed.
The
Marital
Settlement
Agreement
must
be
completed
and
signed
by
both
parties
before
the
final
hearing
can
be
scheduled
.
The
following
documents
must
be
completed
and
reviewed
by
the
FCC
prior to the stipulated final hearing
being scheduled
:
1.
Financial Disclosure Statements;
2.
Marital Settlement Agreement
;
3.
Findings of Fact, Conclusions of Law
&
Judgment of Divorce
;
4. D
ivorce/Annulment Worksheet.
F
. TRIAL
If
the
parties
cannot
agree
to
resolve
all
issues,
a
contested
trial
will
be
scheduled
before
a
j
udge.
The
j
udge
may
issue
a
Pretrial
Order
directing
the
parties
and
the
attorneys
to
meet
and
attempt
to
settle
the
issues
that
can
be
settled
as
well
as
prepare
a
joint
list
of
disputed
issues
and
each
party's
position
on
the
issues.
Compliance
with
all
scheduling
orders
and
pretria
l
orders
is
expected under the law.
At
the
trial
the
parties
will
submit
the
information
the
court
needs
to
decide
the
case.
Evidence
regarding
property
division
may
include:
statements
of
income;
appraisals
of
personal
property
and
real
estate;
and
valuations
of
any
retirement
benefits.
P
ension
and
profit
sharing
must
be
valued
and
may
be
subject
to
division
by
the
court
as
an
asset
even
though
you
may
not
receive
the
pension
until
you
retire
or
leave
the
company.
A
court
may
divide
the
proceeds
of
a
pension
or
profit-sharing
plan
between
the
parties
by
use
of
a
Qualified
Domestic
Relations
Order
which
provides
for
a
division
of
pension
benefits
at
the
time
the
pension
is
received
or
sooner
depending
on
the
terms
of
the
pension
or
profit
plan.
The
assets
of
the
marriage
are
usually
divided
equally,
although,
a
court
ha
s
discretion
to
deviate
from
an
equal
division
of
property. Gifted or inherited property is generally not subject to
division.
The
court
will
decide
child-
related
issues
regarding
legal
c
ustody
and
physical
placement
according
to
the
best
interest
o
f
the
children,
after
considering
all
evidence
and
the
recommenda
tions of the Guardian ad Litem.
G
. DIVORCE JUDGMENT
When
the
final
divorce
hearing
occurs,
whether
by
stipulation
or
trial,
the
parties
or
their
attorn
e
ys
may
present
proposed
Findings
of
Fact,
Conclusions
of
Law
and
Judgment
of
Divorce
to
the
Judge
.
It
is
important
that
the
parties
rea
d
the
Findings
of
Fact,
Conclusions
of
Law
and
J
udgment
of
Divorce
and
understand
their
rights
and
responsibilities
under
the
divorce
judgment.
The divorce is final the day it is granted in
court
by the
court
.
6
If
a
judgment
of
divorce
is
granted,
the
parties
may
not
re
marry
in
Wisconsin
or
any
other
State
until six months after the date the judgment is granted.
H.
RECONCILIATION
Between
the
first
and
final
hearings
parties
often
begin
to
separately.
During
this
time
the
parties
may
choose
to
live
together
and
try
reconciling
without
dismissing
the
action.
Wisconsin
law permits a suspension
for a period
up to
90 days.
To
enter
into
a
90-day
suspension,
the
parties
must
both
sign
and
file
a
Stipulation
Suspending
Proceedings
to
Effect
Reconciliation
(
form
FA-4144VA
)
.
At
any
time
during
the
90
days
the
parties
can
let
the
Court
know
they
wish
to
go
forward
with
the
divorce
or
wish
to
dismiss
the
divorce.
Onc
e
the
90
days
elapses
the
parties
must
advise
the
court
in
writing
whether
they
are
going to dismiss the divorce or proceed with the action.
If
reconciliation
occurs,
the
divorce
action
will
be
dismissed.
If
the
parties
decide
to
proceed
with
the
action
the
matter
is
placed
on
the
court
's
calendar
for
further
proceedings
.
If
one
party
wishes
to
stop
the
90-day
suspension,
it
can
be
stopped
by
completing
and
filing
a
Motion
to
Revoke
Susp
ension
of
Proceedings
to
Effect
Reconciliation
(form
)
and
the
action will proceed
.
I. LEGAL SEPARATION
If
the
Petition
re
quests
a
Legal
Separation,
the
j
will
grant
a
l
egal
s
eparation
if
the
parties
testify
the
marital
relationship
is
broken,
unless
the
Respondent
files
a
plea
ding
with
the
C
ourt
requesting a divorce.
G
enerally a divorce will
then
be granted.
If
both
parties
wish
to
convert
a
Judgment
of
Legal
Separation
to
a
divorce,
they
may
submit
a
written request
(
forms
FA-4162VA/VB;
)
to
the
Court
within
one
year
of
the
granting
of
the
legal
separat
ion
to
convert
the
judgment
to
divorce.
A
Judgment
of
Legal
Separation
may
be
revoked
at
any
time
upon
reconciliation.
After
one
year,
a
Judgment
of
Legal
Separation
may
be
converted
to
a
Judgment
of
Divorce
by
either
Stipulation
of
both
parties
or
by
Motion
of
either
party.
A
party
must
apply
to
the
Court
to
convert
the
judgment
from
legal
separation to divorce
before
s/
he
may remarry
.
In
order
to
remarry
in
Wisconsin
a
person
must
be
divorced.
If
the
judgment
is
for
legal
separation,
one
or
both
parties
must
seek
to
have
it
converted
to
divorce
before
they
are
free
to
remarry.
After
the
judgment
of
legal
separation
is
converted
to
divorce,
the
parties
you
must
still
wait six months after the date of the conversion to remarry.
J. ANNULMENT
An
annulment
is
a
court
procedure
that
declares
that
a
marriage
never
existed.
Section
767.313,
Stats.,
provides
the
legal
grounds
for
annulment.
Such
grounds
include
that
a
party
:
lacked
capacity
to
consent
to
marriage
;
was
induced
to
enter
into
a
marriage
by
force,
duress,
or
by
fraud;
lack
ed
physical
capacity
to
consummate
marriage
by
sexual
intercourse;
was
16
or
17
years
old
and
did
not
have
the
consent
of
a
parent/
guardian;
was
under
16
years
of
age;
or
the
marriage
is
prohibited
by
the
law.
You
may
wish
to
obtain
legal
assistance
if
you
feel
you
qualify
for an annulment.
7
II. MAJOR ISSUES IN FAMILY COURT
A. GROUNDS
FOR
DIVORCE
The
grounds
for
divorce
are
that
the
marriage
is
irretrievably
broken
and
there
is
no
reasonable
prospect
of
reconciliation.
This
no-fault
concept
eliminates
the
need
for
either
party
to
make
accusations
against
the
other
in
order
for
the
divorce
to
be
granted.
For
the
divorce
to
be
granted
at least
one party must testify that the marriage is
irretrievably
broken.
B
.
LEGAL
CUSTODY
The
C
ourt
will
order
one
or
both
par
ents
to
have
legal
custody
of
the
children.
Legal
custody
is
the
right
to
make
major
decisions
concerning
the
child.
There
is
a
presumption
that
joint
legal
custody
is
in
the
best
interests
of
a
child.
"Major
decisions"
include,
but
are
not
limited
to
,
decisions
regarding
authorization
for
non-emergency
health
care,
choice
of
school
and
religion
,
consent
to
marry,
consent
to
enter
the
military
service,
and
consent
to
obtain
a
motor
vehicle
license. Legal custody does not refer to routine daily decisions or to where the child lives.
If
parties
share
joint
legal
custody,
then
both
parents
continue
to
make
major
decisions
regarding
the
children
together.
Neither
party'
s
legal
custody
rights
are
superior
to
the
other
unless
specified
by
the
C
ourt.
If
a
parent
has
sole
legal
custody
then
that
parent
has
the
right
and
responsibility
to
make
the
major
decisions
regarding
the
children
without
having
to
consult
with
the other parent.
C. PHYSICAL PLACEMENT
Physical
placement
is
the
periods
of
time
a
child
is
physically
placed
with
a
parent
.
The
C
ourt
will
order
one
or
both
par
ents
to
have
periods
of
physical
placement
of
the
children.
Dur
ing
periods
of
placement
the
parent
will
have
the
right
and
responsibility
to
make
routine
daily
decisions
regarding
the
child'
s
care.
These
routine
daily
decisions
may
not
be
inconsistent
with
any major decisions made by a parent with legal custody.
T
he
C
ourt
will
order
each
parent
to
have
some
periods
of
physical
placement
u
nless
it
is
shown
at
a
hearing
that
a
parent's
periods
of
physical
placement
would
endanger
the
child
’s
physical,
mental, or emotional health.
In determining
issues of
custody
and placement, the C
ourt
will
consider
:
1.
The wishes of the parents
and the wishes of the child
;
2.
The
amount
and
quality
of
time
the
parent
s
ha
ve
spent
with
the
child
;
any
changes
a
parent
proposes
to
be
able
to
spend
time
with
the
child
in
the
future
;
and
the
overall relationship
bet
ween the child and the parent;
3.
The
age
,
development
al
and
educational
needs
of
the
child,
and
the
mental
and
physical healt
h of the child and each parent;
4.
The
need
for
regularly
occurring
and
meaningful
periods
of
physical
placement
to
provide
predictabili
ty and stability for the child;
5.
The
cooperation
and
communication
between
the
p
arties
and
whether
either
party
unreasonably refuses to cooperate or co
mmunicate with the other party;
6.
Whether
each
party
can
support
the
other
party's
relationship
with
the
child,
including
encouraging
and
facilitating
frequent
and
continuing
contact
with
the
8
child,
or
whether
one
part
is
likely
to
unreasonably
interfere
with
the
child
’s
continuing rel
ationship with the other party.
In
any
action
affecting
the
family
in
which
legal
custody
or
physical
placement
is
contested,
the
parties
must
complete
a
Proposed
Parenting
Plan
(
form
FA-4147
)
.
A
party
who
fails
to
timely
file a parenting plan
may
waive their right to
object to the
other party's Parenting P
lan.
It
is
important
for
parents
to
understand
that
the
issue
of
placement
and
the
issue
of
child
support
are
independent
of
one
another.
In
other
words,
one
parent
may
not
deny
the
other
parent
periods
of
placement
just
because
child
support
is
not
being
paid.
Similarly,
a
parent
cannot
refuse
to
pay
child support if access to the child is being interfered with or denied.
Custody
and
p
lacement
disputes
may
be
lengthy
,
bitter
and
very
costly
;
not
only
in
terms
of
money
but
also
in
their
adverse
affect
on
the
emotional
well-being
of
the
children.
No
one
wins
a
custody
battle
.
A
thoughtfully
stipulated
arrangement
determined
by
the
parties
after
considering
the
needs
of
the
children,
often
results
in
a
more
successful
relationship
between
parents and
children after the divorce.
D. MEDIATION
I
f
the
parties
cannot
agree
on
legal
custody
and/or
physical
placement
,
the
C
ourt
will
refer
the
parties
to
mediation.
A
party
can
file
a
Request
for
Court-O
rdered
Mediation
(form
FA-4134
)
at
any
time.
Mediation
is
a
confidential
service
using
a
mediator
who
meets
with
the
parents
in
an
effort
to
help
the
m
resolve
their
d
isagreements.
Usually
only
the
parties
are
involved
in
mediation.
The
attorneys
for
the
parties
and
the
attorney
for
the
child
(
Guardian
ad
Litem)
are
generally not involved.
The best interests of the children are of paramount
consideration.
Unless
the
C
ourt
determine
s
that
it
is
inappropriate
to
attempt
mediation
based
upon
evidence
there
has
been
child
or
spousal
abuse,
that
either
party
is
impaired
by
alcohol
or
drug
abuse,
or
that
either
party's
health
or
safety
would
be
endangered
by
attending
mediation
,
t
he
parties
are
required
to
attend
an
initial
mediation
session.
If
the
parties
are
able
to
resolve
all
their
issues
in
one
session,
no
charge
and
no
further
mediation
will
be
necessary.
If
additional
mediation
sessions or assistance is needed, each
party will be required to pay a $100.00 fee.
E
.
THE
GUARDIAN AD LITEM
If
mediation
does
not
result
in
an
agreement
,
the
C
ourt
will
appoint
a
Guardian
ad
Litem
(GAL).
Either
party
can
also
file
a
Petition
for
Appointment
of
GAL
requesting
the
Court
appoint
a
GAL
(
form
FA-4136
).
The
GAL
i
s
an
attorney
appointed
to
represent
the
best
interests
of
the
children
.
The
GAL
will
conduct
an
investigation
and
will
recommend
what
s/he
believes
is
in
the
best
interests of the child
ren
.
The
GAL
will
gather
information
from
t
he
parties
and
other
sources
such
as
family,
friends,
schools,
counselors
,
child
protection
workers
and
doctors.
Typically,
each
parent
will
be
interviewed
separately.
M
any
cases
will
also
require
a
conversation
between
the
children
and
the
G
A
L.
The
meeting
will
be
in
private
,
out
of
the
hearing
of
the
parents
or
other
adults
in
the
children
's
li
ves
. The goal is to develop a sense of trust
between the
children
and the
GAL
When
determining
what
is
in
the
best
interest
of
the
children
,
the
C
ourt
and
the
GAL
can
not
prefer
one
parent
over
the
other
on
the
basis
of
sex
or
race.
The
GAL
considers
the
same
factors
9
used
by
the
C
ourt
in
determining
the
best
interest
of
the
children
for
custody
and
physical
placement
.
The
parents
will
p
ay
the
GAL
's
fees
.
Unless
the
C
ourt
orders
otherwise,
each
party
is
responsible
for
one-half
of
the
total
cost
of
the
GAL
.
The
GAL
will
charge
the
parties
a
retainer,
and
will
take
an
hourly
fee
out
of
the
retainer.
Upon
receipt
of
a
notice
of
appointment
of
a
GAL
,
each
party is required to
pre-pay
one-half of the retainer
.
F
. GUIDELINES REGARDING CHILDREN
When
parents
separate
neither
becomes
a
less
er
parent
unless
they
choose
to
do
so.
Altho
ugh
parenting
may
become
more
difficult
,
if
the
motivating
factor
is
the
children's
best
interest
,
each
parent has a
greater chance to
continue to be effective parents.
Children
love
both
parents,
divorced
or
not.
Parents
’
behavior
at
this
time
will
affect
the
children's
growth
as
well
as
their
relationship
with
the
parent
i
n
later
years.
If
parents
apply
the
following guideline
s
it may help make the matter easier
.
PARENTS SHOULD:
1.
Continue to teach their children to respect
and love
the ot
her parent
.
2.
Protect
the
children
from
displays
of
anger,
hurt,
or
bitterness
toward
the
other
parent.
Refrain
from
interrogat
ing
the
children
regarding
the
activities
of
the
spouse as well as demeaning
the
spouse in
front of the children.
3.
Communicate
with
other
parent
regarding
placement.
Refrain
from
arrang
ing
placement
through
the
children.
A
rrang
ing
placement
through
children
places
an
unnecessary
burden
on them.
4.
Treat
the
children
normally
by
not
making
promises
of
lavish
gifts,
exciting
outings, etc., to outdo the other parent.
5.
If
plans
between
parents
conflict,
decide
which
activity
is
most
beneficial
to
the
children
and
allow them to attend that activity.
6.
Never
encourage
children
to
take
sides
between
parents.
Many
children
blame
themselv
es
for
the
divorce
and
forcing
them
to
decide
between
parents
will
only
reinforce this
misguided notion.
A PARENT WITH
LESS
PHYSICAL PLACEMENT SHOULD
:
1.
See
the
children
frequently
and
consistently.
Avoid
making
your
children
feel
unwanted
or
rejected
by
making
last
minute
cancellations
or
by
not
seeing
them
on
a
regular
basis.
Notify
your
spouse
in
advance
if
you
cannot
see
the
children
to
avoid disappointing them.
2.
Be
on
time
to
receive
or
deliver
the
children.
This
will
benefit
the
children
as
they
will be
waiting
and
excited to see you.
3.
Spend time with the children. Give each child individual
attention
.
4.
Follow through with any promises made.
5.
Be with the children at reasonable, mutually agreed upon times.
6.
Abstain from use of alcohol
or drugs
before or
during times with the children.
A PARENT WITH MORE PHYSICAL PLACEMENT SHOULD
:
1.
Prepar
e
the
children
for
time
with
the
other
parent,
bot
h
physically
and
mentally.
Don'
t
deprive
them
of
the
anticipation.
Let
them
know
they
are
not
hurting
your
feelings
by
enjoying
these
times.
Have
them
ready
on
time
to
accommodate
the
other parent and the children.
10
2.
Mak
e
the
children
available
for
physical
placement
instead
of
making
excuses
or
trying to bribe them with more exciting
activities.
3.
Keep
the
other
parent
informed
as
to
the
health,
schooling
and
special
events
involving the children.
4.
Inform
the
other
parent
as
soon
as
possible
should
the
children
be
unable
to
visit
due to illness, unexpected
events, etc.
Remember
this
can
be
a
painful
and
disruptive
period
for
every
one
involved.
You
cannot
help
your
children
adapt
if
you
have
not.
There
are
mental
health
professionals
in
our
area
who
can
assist you.
While
everyone
understands
that
in
these
situations
a
new
"significant
other"
may
become
involved,
remember
that
your
children
need
time
to
adjust
to
the
separation.
They
may,
in
time,
become
accustomed
to
a
third
party,
but
the
situation
cannot
be
forced.
At
no
time
should
your
children be coerced into accepting a third party as a replacement for mother or father.
CHILDREN HAVE THE RIGHT TO:
1.
Know that
their
mother and father love
them
and
will never divorce
them
.
2. Know
that the divorce is not
their
fault, and not be told about adult
problems.
3.
Be
c
onsidered
as
a
human
being
and
not
a
p
ie
ce
of
property
to
be
fought
for,
bargained over or
threatened.
4.
H
ave
decisions
about
them
based
on
their
best
interest,
not
on
past
w
rongs,
hurt
feelings or
their
parents' needs.
5.
B
e allowed to love both parents
without being forced to
c
hoose or feel guilty.
6. Know both
parents
through
regular and frequent involvement in
their lives
.
7. H
ave the financial support of both
parents
.
8.
B
e spared having to listen to bad, hurtful comments
about either parent.
9.
B
e a child, and not to be asked to tell a lie or act as
a spy or messenger.
10.
B
e
allowed
to
love
other
people
who
may
come
into
their
lives
without
being
forced to
choose or feel guilty.
G.
PARENTING SEMINAR
In
family
actions
where
children
are
involved,
the
parties
must
attend
a
n
online
class
regarding
the
affects
of
divorce/legal
separation
on
children
.
Information
about
the
class
can
be
found
on
the
Court
Commissioner
’s
website
by
clicking
on
the
divorce
link.
Th
e
class
is
a
two-hour
class
and
costs
$29.99.
The
class
a
ddresses
issues
including:
how
a
child
experiences
divorce;
building
a
co-parenting
relationship;
understanding
the
factors
that
influence
a
child
’s
reaction
to
divorce
,
family
dynamics,
and
what
parents
can
do
to
make
raising
child
ren
in
a
separated
situation
less
stressful for the child
ren
.
H
. MOVING WITH CHILDREN
Pursuant
to
Wis.
Stats.
§
767.481
,
a
parent
who
intends
to
establish
residence
more
than
100
miles
away
from
a
par
ent
who
has
legal
custody
or
physical
placement
rights,
must
file
a
motion
with
the
court
seeking
permission
for
the
child
’s
relocation
(
unless
the
parties
already
reside
more than 100 mile away from each other
).
T
h
e
motion
shall
include
:
a.
a relocation plan stating the date of the proposed relocation,
b.
the municipality and state of the proposed new residence,
c.
the reason for the relocation,
11
d.
a proposed new placement schedule if applicable,
e.
the proposed responsibility for
transportation
costs for the minor child
, and
f.
a request for a change in legal custody if applicable.
The
court
will
hold
a
hearing
on
the
motion
within
30
days
of
filing.
If
the
other
parent
does
not
object
/
appear
at
the
motion
hearing,
the
court
will
approve
the
relocation
plan
unless
the
court
finds that the relocation plan is no
t in the child
’
s best interest.
If
the
non-moving
parent
objects,
s/he
must
file
and
serve,
no
later
than
five
days
prior
to
the
initial
hearing,
an
objection
to
the
relocation
and
any
alternate
proposal,
including
a
modification
of
physi
cal
placement
or
legal
custody.
T
he
court
will
then
refer
the
parties
to
mediation,
appoint
a
guardian
ad
litem
and
set
the
matter
for
a
second
hearing,
which
will
be
scheduled
within
60
days.
There
is
a
presumption
that
the
court
should
approve
the
relocation
plan
if
the
court
determines
that
the
objecting
parent
has
not
significantly
exercised
placement.
If
the
presumption
to
approve
the
plan
exists,
then
the
parent
objecting
to
the
relocation
shall
have
the
burden
of
proof
in
demonstrating
the
proposed
relocation
is
not
in
the
child
’s
best
interest.
If
no
presumption,
the
movant bears the burden of proof.
If
the
non-moving
party
does
not
object
,
the
parties
can
file
a
stipulation
with
the
court
that
specifies
that
neither
parent
has
an
objection
to
the
planned
relocation
and
sets
out
an
agreed
upon
modification
to
legal
custody
or
periods
of
physical
placement.
The
court
shall
incorporate
the
terms
into
an
order
for
relocation
or
revised
order
of
legal
custody
or
physical
placement,
unless the court finds that the modification is not in the child
’
s best interest.
I. MAINTENANCE
The
Court
may
require
a
spouse
to
make
payments
to
support
the
other
party
while
the
divorce
is
pending
or
at
the
final
divorce
hearing.
This
support,
which
used
to
be
called
alimony
,
is
called
m
aintenance
or
family
support
.
Maintenance
and
family
support
are
different
from
child
support.
If
support
payments
are
ordered
without
child
support,
it
is
called
maintenance.
If
m
aintenance
payments
are combined with
child support
payments it is called family support
.
A
party
who
decides
to
waive
any
right
s/he
may
have
to
maintenance
will
not
be
allowed
under
any circumstances to later seek maintenance from his or her
former spouse.
If
the
parties
to
a
divorce
cannot
agree
as
to
whether
maintenance
should
be
paid
or
the
amount
or
length
of
time
maintenanc
e
payments
should
be
made,
the
Court
will
decide
these
issues.
The
Court
will consider the following in determining maintenance:
1.
The length of the marriage.
2.
The age, physical and emotional health of the parties.
3.
The division of the parties' property in the divorce.
4.
The
educational
level
of
each
party
at
the
time
of
the
marriage
and
at
the
time
the
divorce is started.
5.
The
present
and
future
earning
capacity
of
the
party
requesting
maintenance,
including
education,
training,
employment
skills,
work
experience,
length
of
absence
from
the
job
market,
custodial
responsibilities
for
children
and
the
time
and
expense
necessary
to
obtain
education
or
training
to
enable
the
party
to
find
appropriate employment.
12
6.
The
likelihood
that
the
party
requesting
maintenance
can
become
self
-
supporting
at
a
standard
of
living
similar
to
that
enjoyed
during
the
marriage,
and
if
so,
the
length of time necessary to achieve this goal.
7.
The tax consequences to each party.
8.
Any mutual agreement made by the partie
s before or during the marriage
.
9.
The
contribution
by
one
party
to
the
education,
training
or
increased
earning
ability of the other.
10.
Other relevant factors the
Court
considers important in the individual case.
After
considering
these
factors
the
Court
may
order
maintenance
to
be
paid
for
a
limited
period
of
time
or
for
an
indefinite
period
of
time.
Indefinite
maintenance
be
revised,
terminated
or
extended
based
upon
a
substantial
change
in
the
financial
circumstances
of
one
or
the
other
party
after
the
final
divorce
hearing.
The
party
seeking
a
revision,
termination
or
extension
of
maintenance
must
petition
the
Court
in
writing,
with
notice
to
the
other
party,
for
a
hearing
on
the issue.
Limited
maintenance
may
be
revised,
terminated
or
extended
based
upon
a
substantial
change
in
circumstances,
but
will
automatically
terminate
at
the
en
d
of
the
term
specified
in
the
Court
'
s
order
unless
the
person
recei
ving
maintenance
petitions
the
Court
in
writing
with
notice
to
the
other
party for an extension of maintenance prior to the expiration of the original order.
If
there
is
no
specific
agreement
of
th
e
parties
to
the
contrary,
the
Court
will
terminate
maintenance
payments
on
the
remarriage
of
the
person
receiving
the
payments
upon
the
application
of the person making the payments and upon proof of such remarriage.
J. CHILD SUPPORT
C
hild
support
in
Wisconsin
must
be
ex
pressed
as
a
set
dollar
amount
and
must
be
based
upon
a
percentage
of
the
payor
’s
gross
income.
The
set
dollar
amount
is
based
upon
the
following
percentage
of i
ncome standards
:
17% of the paying parent'
s gross income for one child
25% of the payi
ng parent'
s gross income for two children
29% of the paying parent'
s gross income for three children
31% of the paying parent'
s gross income for four children
34%
of
the
paying
parent'
s
gross
income
for
five
children
or
more
Also,
parents
in
special
circumstances,
such
as
shared
placement,
low-income,
and
high
-
income
status may have different calculations applied.
If
a
party
requests
it,
the
Court
may
change
the
amount
of
support
if
the
Court
finds
that
amount
based upon
the percentage is unfair to the child or to
a
part
y
based upon the following:
1.
The financial resources of
the
parties and the child;
2.
Maintenance received by either party;
3.
The needs of
a
party to support
her/himself;
4.
The obligation either party has to support another person;
5.
If
the
parties
were
married,
the
standard
of
living
the
child
would
have
enjoyed
had
the parents not divorced;
6.
The desirability that the custodial parent live at home as a full-time parent;
7.
Cost of day-care or value of services of the custodial parent;
13
8.
The
p
eriods of placement to both parents;
9.
Extraordinary travel expenses incurred in exercising placement with the
children
;
10.
The
child's
physical,
mental,
emotional
health
care
needs
including
the
costs
of
insurance and any uninsured health care of the child;
11.
The child's educational needs;
12.
The tax consequences to each party;
13.
The best interest of the child;
14.
The
earning
capacity
of
each
parent
based
on
education,
training
and
work
experience
,
and the availability of work in or near the parent
’
s community.
Notification
of
a
substantial
change
in
the
amount
of
the
payer's
income
will
not
result
in
a
change
of
the
amount
of
support
to
be
paid
unless
a
revision
of
the
order
is
sought
by
filing
a
m
otion pursuant to
Wis. Stats.
§§ 767.59 or 767.553.
When
support
is
ordered
the
parties
are
required
to
notify
the
Douglas
Cou
nty
Child
Support
Office
(Office)
of
any
change
of
address
within
10
business
days
of
such
change.
In
addition,
the
person
ordered
to
pay
the
support
is
under
a
continuing
order
to
notify
the
Office
and
the
payee,
within
10
business
days,
of
any
change
of
employer
and
of
any
substantial
change
in
the
amount
of his or her income, including receipt of bonus compensation.
Parents
with
questions
regarding
child
support
can
call
a
n
automated
voice
response
system
by
calling
1-800-991-5530
;
go
to
www.myaccount.chase.com
or
childsupport.wisconsin.gov;
or
call
the
Office
at (
715) 395-1420.
K
. WISCONSIN SUPPORT COLLECTIONS TRUST FUND
Wisconsin
law
requires
that
all
payments
for
child
support,
family
support
and
maintenance
be
paid
by
income
withholding
through
the
Wisconsin
Support
Collections
Trust
Fund
(WSCTF).
The
address for the Wisconsin Support Collections Trust Fund is:
Wisconsin Support Collections Trust Fund
P.O. Box 74200
Milwaukee, WI 53274-0200
A
party
ordered
to
pay
support
must
make
the
required
payments
to
the
WSCT
F
until
the
income
witholding
is
in
place.
A
payer
should
never
pay
the
support
directly
to
the
payee
because
those
payments may be
considered gifts.
L
. INCOME ASSIGNMENT
The
income
assignment
is
accomplished
by
an
order
of
withholding
which
will
be
sent
to
the
payo
r's
employer,
or
other
source
of
income
by
the
Child
Support
Office
if
either
parent
has
submitted
an
application
for
child
support
services
or
if
the
parent
with
primary
placement
has
received
public
assistance
through
the
Department
of
Social
Services.
Generally,
the
frequency
of the required paymen
t corresponds with the payor'
s pay period.
Once
the
support
payment
is
withheld
from
the
paycheck
of
the
payer,
the
employer
will
send
it
to
the
WSCTF.
The
employer
is
entitled
to
retain
up
to
$3
for
this
service
each
This
fee
is
in addition to the amount of the support.
14
Wisconsin
law
provides
that
if
support
is
delinquent
or
is
not
paid
on
time,
the
Court
may
increase
withholding
by
up
to
50%
of
the
current
order
to
satisfy
the
delinquency.
The
payer
has
10
days
from
receiving
notice
that
the
income
withholding
will
be
increased
to
request
a
hearing
before the
FCC
to challenge the increase.
M
. TAX EXEMPTION
Federal
tax
law
provides
that
the
parent
with
primary
physical
placement
of
a
child
may
claim
that
child
as
an
exemption
on
his
or
her
income
tax
return,
unless
otherwise
specified
by
a
Court
order.
Under
Wisconsin
law,
the
Court
is
required
to
make
a
decision
on
tax
exemptions
if
the
parties
have
not
agreed
which
parent
should
take
the
exemption.
The
Court
shall
make
the
decision
in
accordance
with
state
and
federal
law,
and
must
also
take
into
account
whether
the
medical
insurance
plan
of
either
parent
requires
that
the
parent
with
medical
coverage
is
awarded
the exemption by the order of support.
If,
as
a
non-custodial
parent,
you
are
granted
an
exemption,
either
by
the
Court
or
by
stipulation,
you
will
need
to
attach
Form
8332
(available
at
the
IRS),
signed
by
the
custodial
parent,
to
your
tax return. For further information, you should consult the IRS or an attorney.
N. PROPERTY DIVISION
Under
Wisconsin
law
the
Court
must
attempt
to
divide
all
property
fairly
between
the
parties
at
the
time
of
divorce.
Gifted
or
inherited
property
may
remain
the
property
of
the
party
who
received the
gift or inheritance and
may
not subject to division.
Property
owned
before
the
marriage
of
the
parties
is
subject
to
division
unless
the
parties
have
entered
a
prenuptial
or
postnuptial
agreement
identifying
the
pr
operty
as
that
which
was
owned
by
the
parties
before
the
marriage
and
not
subject
to
division.
The
Court
will
also
consider
the
following when dividing the property:
1.
The length of the marriage.
2.
The property brought to the marriage by either party.
3.
Whether
one
party
has
substantial
assets
(received
by
gift
or
inheritance)
that
are
not subject to division.
4.
Economic
contribution
each
party
made
to
the
marriage
including
economic
value
of child care and homemaking.
5.
The age, physical and emotional health of the parties.
6.
Contributions
by
one
party
to
the
education,
training
or
increased
earning
power
of the other party.
7.
Earning
capacity
of
the
part
ies
including
educational
background,
training,
employment
skills,
work
experience,
absence
from
the
job
market,
custodial
responsibilities
for
children
and
the
time
and
expense
necessary
to
acquire
sufficient
education
or
training
to
enable
a
party
to
become
self
-
supporting
at
a
standard of living reasonably comparable to that enjoyed during
the marriage.
8.
The
desirability
of
awarding
the
use
and
possession
of
the
family
home
to
the
party having physical placement for the greater period
of time.
9.
The
amount
and
duration
of
an
order
under
Wis.
Stats.
§
767.56
,
granting
maintenance
payments
to
either
party,
any
order
for
periodic
family
support
payments
under
Wis.
Stats.
§
767.531
,
and
whether
the
property
division
is
in
lieu
of such payments.
15
10.
Other
economic
circumstances
of
each
party,
including
pension
benefits,
vested
or
non-vested, and future interests.
11.
The tax consequences to each party.
12.
Any
written
agreement
made
by
the
parties
concerning
any
arrangement
for
property
distribution;
such
agreements
shall
be
binding
upon
the
Court
except
that
no
such
agreement
shall
be
binding
where
the
terms
of
the
agreement
are
inequitable
as
to
either
party.
The
Court
shall
presume
any
such
agreement
to
be
equitable as to both parties.
III.
POST
-JUDGMENT PROCEDURES AND ISSUES
A. MODIFIABLE ISSUES IN GENERAL
Af
ter
judgment
is
entered,
the
Court
can
modify
or
change
the
provisions
of
a
judgment
concerning
child
related
issues
of
custody,
placement
and
child
support.
On
custody
and
placement
issues,
children
are
no
longer
subj
ect
to
the
jurisdiction
of
the
Court
when
the
children
reach
the
age
of
18
,
except
that
c
hild
support
may
be
modified
until
the
child
graduates
high
school, but in no instance past age 19.
Maintenance
can
only
be
modified
if
it
is
awarded
or
held
open
in
the
original
judgment.
If
maintenance
is
waived
or
denied
in
the
original
judgment,
it
cannot
be
granted
at
a
later
time.
If
limited
maintenance
is
awarded,
the
motion
to
modify
or
extend
the
maintenance
must
be
filed
p
rior
to the end of the term of maintenance.
Property
division
is
also
final
as
of
the
date
of
the
divorce
and
may
not
be
modified
at
any
time
after
the
judgment
of
divorce
is
entered.
The
only
exception
is
if
the
judgment
of
divorce
i
s
reopened.
A
judgment
of
divorce
cannot
be
reopened
except
under
circumstances
of
fraud
or
n
eglect.
B.
MODIFICATION OF CHILD SUPPORT
Orders
relating
to
child
support
may
later
be
changed
or
modified
upon
request
of
either
party,
either
by
written
agreement
of
the
parties
or
upon
the
filing
of
the
appropriate
motion.
If
the
parties
reach
an
agreement
to
modify
the
amount
of
child
support,
the
written
agreement
can
be
made
part
of
a
Stipulation
and
Order
to
Change:
S
uppo
rt/Maintenance
(forms
FA-604A
/B
)
to
be
filed
with
the
Court
which
states
the
terms
of
the
agreement.
T
he
Stipulation
and
Order
must
first
be presented
to the Child Support
Office
for approval.
If
the
parties
cannot
reach
a
written
agreement
to
modify
the
support
out
of
c
ourt,
the
party
requesting
a
change
must
file
a
Motion
or
Order
to
Show
Cause
with
t
he
Court
.
Prior
to
filing
the
Motion
or
Order
to
Show
Cause,
you
must
bring
the
Motion
or
Order
to
Show
Cause
to
the
FCC
,
who
will
give
you
a
c
ourt
date.
Once
the
request
to
change
child
support
has
been
filed,
it
is
the
responsibility
of
the
party
requesting
the
change
to
have
a
copy
of
the
documents
properly
served on the other party.
B
oth
parties
should
bring
as
much
income
information
to
the
hearing
as
possible
,
including
recent
pay
stubs,
recent
income
tax
returns,
and
business
records,
and
if
applicable,
evidence
of
work search efforts.
16
C. MODIFICATION OF MAINTENANCE
In
modificati
on
of
maintenance,
the
Court
is
again
required
to
consider
all
of
the
statutory
factors
it
considered
in
the
original
award
of
maintenance.
Once
a
maintenance
order
has
been
entered,
it
may
be
extended
indefini
tely
by
the
Court
if
the
motion
is
filed
timely,
and
if
the
requesting
party
can
show
the
Court
that
there
has
been
a
substantial
change
in
circumstances.
This
may
occur
even
though
the
original
order
may
have
provided
that
maintenance
would
end
on
a
specific
date
or
after
a
specific
period
of
time.
Any
request
for
extension
of
maintenance
must
be
filed and served upon the other party prior to the expiration of the
maintenance order.
Maintenance cannot be retroactively increased or decreased.
The
remarriage
of
the
recipient
of
maintenance
or
the
death
of
either
party
will
result
in
termination
of
the
maintenance
obligation
if
the
payer
files
a
motion
to
terminate
the
maintenance
based upon the remarriage or death of the recipient.
D. MODIFICATION OF CUSTODY/PLACEMENT
There
are
two
different
standards
of
proof
required
to
substantially
modify
a
legal
custody
or
physical
placement
order.
Generally
it
is
more
difficult
to
modify
a
custody
order
within
the
first
two
years
after
the
initial
order.
After
two
years,
it
is
less
difficult
to
modify
an
order
of
custody
or
physical
placement.
Within
two
years,
it
must
be
shown
that
the
current
legal
custody
or
placement
arrangement
is
physically
or
emotionally
harmful
to
the
child,
and
that
modification
of legal custody and/or
physical placement is necessary.
After
two
years,
it
must
be
shown
that
the
modification
of
legal
custody
or
physical
placement
is
in
the
best
interest
of
the
child,
and
that
there
is
a
substantial
change
in
circumstances
since
the
date
of
the
last
order.
Even
after
two
years,
it
is
presumed
that
the
current
legal
custody
and
physical placement arrangement is in the best interest of the child.
A
change
in
economic
or
marital
status
is
an
insufficient
basis
to
change
an
existing
legal
custody or physical placement arrangement.
If
parties
have
substantially
equal
peri
ods
of
physical
placement,
the
Court
may
change
the
arrangement
at
any
time
upon
motion
of
a
party
if
the
Court
finds
that
circumstances
make
it
impractical
for
the
parties
to
continue
to
have
substantially
equal
placement
and
the
change
i
s
in
the
best
interests
of
the
children
.
In
addition,
the
Court
may
change
placement
at
any
time
if
it
finds
that
a
parent
has
repeatedly
and
unreasonably
failed
to
exercise
periods
of
physical
placement
granted under an order allocating specific times for placement.
Modification
of
legal
custody
or
physical
placement
motions
are
referred
to
mediation.
If
mediation is not appropriate or successful, the
Court
will appoint a
GAL.
E.
ENFORCEMENT OF CHILD SUPPORT PAYMENTS
If
a
person
ordered
to
make
child
support,
family
support
or
maintenance
payments
fails
to
do
so,
the person entitled to receive the payments can do the following:
1.
B
ring
action
in
c
ourt
to
enforce
the
order,
including
contempt.
Contempt
is
when
a
party
intentionally
violates
a
c
ourt
order.
If
a
pe
rson
is
found
contempt
the
j
udge
may
order sanctions
which
may
include
fines and
jail time.
17
2.
Contact
the
Child
Support
Office
.
The
Office
may
assist
by
locat
ing
an
absent
parent
and
bring
ing
action
to
enforce
or
modif
y
an
order
,
including
enforcement
through
tax-intercept.
W
hen
eligibility
thresholds
are
met,
a
child
support
payer's
federal
and/or
state
income
tax
refunds
may
be
intercepted
and
applied
to
child
support
arrears.
3.
U
nder
certain
circumstances
f
ailure
to
pay
child
support
is
a
crime.
The
Office
may refer cases to the District Attorney for criminal
prosecution.
F.
ENFORCEMENT OF CUSTODY AND PLACEMENT RIGHTS
A
parent
with
legal
custody
or
physical
placement
rights
who
believes
that
those
rights
are
being
interfered
with
may
file
Motion
to
Enforce
Physical
Placement
Rights
(
form
FA-609)
and/or
an
Affidavit
and
Order
to
Show
Cause
for
Contempt
(
forms
FA-4172VA
/VB)
if:
1)
the
parent
has
had
one
or
more
periods
of
physical
placement
denied
or
substantially
interfered
with
by
the
other
parent,
or,
2)
the
parent
has
incurred
a
financial
loss
or
expenses
as
a
result
of
the
other
parent's
intentional
failure
to
exercise
one
or
more
periods
of
physical
placement
under
an
order
allocating specific times for the
exercise of periods of physical placement.
If
after
a
hearing
the
Court
finds
that
a
parent
did
intentionally
and
unreasonably
interfere
with
placement,
a
c
ourt
will
enter
Orders
which
may
include
giving
the
parent
make-up
time,
granting
an
injunction
to
ensure
strict
compliance
with
the
placement
schedule,
requiring
the
payment
of
the
moving
party
’s
costs
and
attorney
fees
depending
upon
the
facts
and
circumstances
of
the
case.
Periods
of
physical
placement
with
a
child
may
not
be
denied
by
the
parent
with
primary
placement
of
the
child,
for
failure
of
the
other
parent
to
pay
child
support
or
meet
any
other
financial
obligation.
Similarly,
violation
of
physical
placement
rights
by
the
parent
with
primary
placement
does
not
constitute
a
reason
for
failure
to
meet
child
support
or
other
financial
obligations.
18
Appendix:
F
orms
are
available
a
t
no
charge
at
www.wicourts.gov
(
click
on
forms,
circuit
c
ourt,
family
)
.
Family Court
form names and numbers
:
Stipulation to Change: Custody/Placement/Support/Maintenance
FA-604A
Order to Change: Custody/Placement/Support/Maintenance
FA-604B
Family Medical History Questionnaire
FA-608
Notice and Motion to Enforce Physical Placement Order
FA-609
Order to Enforce Physical Placement Order
FA-611
Summons with/without Minor Children
FA-4104/4105
Petition with/without Minor Children
FA-4108/4109
Joint Petition with/without Minor Children
FA-4110/4111
Response and Counterclaim
FA-4113
Admission of Service
FA-4119
Affidavit of Service
FA-4120
Affidavit of Mailing
FA-4121
Publication Summons
FA-4122
Publication Affidavit of Mailing
FA-4123
Stipulation for Temporary Order with/without Minor
Children
FA-4126/4127VA
Temporary Order with/without Minor Children
FA-4126/4127VB
Affidavit
and Request
for
Temporary
Order with Minor Children
FA-4128/4129VA
Order to Show Cause with/without Minor Children
FA-4128/4129VB
Request for Status Conference
FA-4132
Request for Court-O
rdered Mediation
FA-4134
Petition for Appointment of Guardian ad Litem
FA-4136
Financial Disclosure Statement
FA-4139
Stipulation/Order Dismissing Divorce/Legal Separation
FA-4143VA/VB
Stipulation/Order Suspen
ding Proceedings to Effect
Reconciliation
FA-4144VA/VB
Motion/Order to Revoke Suspension of Proceedings
FA-4145VA/VB
Proposed Parenting Plan
FA-4147
Marital Settlement Agreement with/without Minor Children
FA-4150/4151
Findings of Fact, Conclusi
ons of Law, Judgment
FA-4160/4161VA
Parties Approval of Findings of Fact
, Conclusions of Law, Judgment
FA-4160/4161VB
Stipulation/Order Converting Legal Separation to Divorce
FA-4162VA/VB
Motion/Order Converting Legal Separation to Divorce
FA-4163VA/VB
Stipulation Vacating Judgment of Divorce or Legal Separation
FA-4164VA
Order Vacating Judgment of Divorce or Legal Separation
FA-4164VB
Motion to Change: Custody, Placement, Child Support, Maintenance
FA-4170
Affidavit to Change: Custody/Placement/Support/Maintenance
FA-4171VA
Order to Show Cause: Custody/Placement/Support/Maintenance
FA-4171VB
Affidavit for Finding of Contempt
FA-4172VA
Order to Show Cause for Finding of Contempt
FA-4172VB
Order to Change
:
Custody, Placement, Child Support, Maintenance
FA-4175
Decision and Order for Contempt
FA-4176
Confidential Petition Addendum
GF-179
THIS DOCUMENT IS BASED UPON A DOCUMENT USED WITH PERMISSION FROM
THE FOND DU LAC FAMILY COURT COMMISSIONER’S OFFICE.