Modifying Family Law Orders In Wisconsin
Co-parents often have court orders regarding issues like child custody, child support, and alimony or spousal support. These court orders may be issued during a divorce case. However, life can be unpredictable, and many changes may occur, leading to the need to modify child custody or support orders with an official petition to the court.
Here at O'Neill Law Firm, you will find a family law attorney with nearly 30 years of experience. Our lawyers can help with every step in the process, such as filing the correct petition, building your case to demonstrate the need for a modification or appealing the decision issued by the court. To schedule your initial consultation in La Crosse, Wisconsin, just give us a call today.
Modify Physical Placement And Custody Orders
You may need to modify a child custody order if there are substantial changes in circumstances. Relocation is one common reason, when a parent wants to move and the initial exchange schedule will no longer work. They may be asked for a reason to change a custody agreement, such as taking a job or moving closer to extended family members.
Custody modifications can also be ordered if there are any safety or health concerns, such as if one co-parent is struggling with drug addiction issues and cannot provide a safe living situation.
Modifying Support Orders
A child support order may need to be modified in Wisconsin if the child’s needs change. Perhaps they have increased educational costs or were diagnosed with a medical condition. The type of financial support a child needs as a toddler may be very different from what they need as a teenager. Support can also sometimes be reduced if a parent loses their job or goes through significant income reduction.
Similarly, alimony or spousal support orders may need to be modified. A common reason for this is if the other partner remarries. There may also be substantial change in circumstances, income, assets and other obligations. When people’s financial situations change, the court order may need to be modified to account for it.
Qualifying Changes In Circumstances
A court may consider changing an existing family law order when a major change affects the facts behind that order. The change must usually be important, ongoing and connected to the issue the court must review. A minor problem, short-term setback or personal preference may not be enough.
The type of change that matters depends on the order involved. For child support or spousal support, the court may review a job loss, a major increase or decrease in income, a serious health issue or new financial duties. Changes in your child’s medical, educational or daily needs may also support a request to adjust support.
Different concerns may apply to custody or physical placement. A planned relocation, a major change in a parent’s work schedule or concerns about your child’s safety may affect the current arrangement. In each case, you must explain how the new facts have changed your situation and why the existing order may no longer serve its original purpose.
Because each case depends on its own facts, not every life change will qualify. The court will look at the timing, seriousness and effect of the change before deciding whether to modify the order.
Working With A Family Law Attorney
A family law attorney can begin by reviewing your current order and the events that happened after the court entered it. This review can help you understand whether your circumstances may support a modification and which legal standard may apply.
If you decide to move forward, your attorney can prepare the required court papers and help you gather supporting evidence. That evidence may include:
- Pay records
- Employment documents
- Medical records
- School information
- Parenting schedules
- Messages about a proposed move
Each record should help explain what changed and how that change affects the current order.
Your attorney can also organize the facts and present a clear reason for the change you are requesting. This step matters because the court needs more than a general claim that the current terms no longer work. A focused request supported by relevant records can help the judge understand your position.
Legal guidance may also help you avoid filing errors, missed deadlines or requests that do not match the facts of your case. With proper preparation, you can present a more complete request and respond to any objections raised during the modification process.
Presenting Your Case
When seeking a modification, you must know exactly what legal steps to take as you present the case to the court and officially file the petition. To learn more by talking to a Wisconsin attorney, just set up your initial consultation by calling O'Neill Law Firm at Call or using the online contact form. We are here to help when you need us most.