You may use this packet to request a change or an addition to a court order or judgment when the other party will not agree to what you want changed or added. Filing the Notice of Motion and Motion from this packet essentially tells the court that you and the other party could not agree and that you need the court to make the decision. It requires that you serve the other party and that you appear in court and provide a legal argument/explanation as to why the court should rule in your favor.
This packet is generally used for individuals who have already been granted a divorce/legal separation or judgment of paternity. If you need to make changes to a Temporary Order (your divorce/legal separation has not yet been granted), you may use this packet. However, you must write the word "Pre-Judgment" above the title on the form, and upon filing, alert the Family Court customer service representative that you are requesting a modification to a Temporary Order.
This is not the correct packet if:
Requesting Changes to the Current Child Support Payment Amount:
The State of Wisconsin has set standard guidelines for determining child support (referred to as the child support percentage of income standards and are outlined in DCF Ch. 150. These guidelines first take into account the number of children and the placement arrangements for each child and then uses the gross monthly income of one or both parties to make the calculation. Other factors, also referred to as deviations, such as health insurance and those listed in WI. Stat. 767.511, may be considered and a final support amount is determined. To begin calculating a proposed child support amount, parents must first determine which guideline applies to them. There is a standard guideline that applies to every case. The percentage standard guidelines are as follows:
Once you determine the standard calculation that applies to your case, there are interactive calculators, worksheets, and charts available to assist you in determining the amount support would be using this standard calculation. Make note of this amount. It will be necessary for you to report it on the forms attached and in future court proceedings.
Once the standard child support amount is determined, you must consider health insurance as a deviation and may consider others as defined in WI. Stat. 767.511. Depending on the circumstance, deviations can either increase or decrease the standard child support guideline amount. Although there are many reasons parents may agree or courts may order the child support to deviate from the standard, health insurance is required to be considered in determining a final child support amount.
Parents are required to provide private health insurance for their minor child(ren) if:
When insurance meets the above criteria, the parent paying for the insurance may receive a deviation from the child support amount. In other words, if the parent paying for insurance is:
For other deviations, it is important that you be able to explain why/how they affect your situation and also be able to quantify them. In other words, determine how much money (actual dollar amount) that particular issue will affect child support. After considering the health insurance deviation and others as applicable, you must then add or subtract any deviation amount(s) from the standard child support amount. This amount becomes the actual child support amount that is ordered by the court.
If you are requesting changes to the current legal custody or physical placement orders, the court will automatically order you and the other party to attend mediation. Mediation involves both parties meeting with an impartial third party or mediator from Family Court Services to try to come to an agreement. If you come to an agreement, a Stipulation and Order may be drafted, signed, and submitted to the court to be made a court order.
The first session of is free; however, once you have used the first session there is a fee for additional sessions. If you think that you and the other party are likely to come to an agreement with the help of a mediator, you may file a Request for Mediation before you complete this packet, which will allow you try mediation before you pay the fee to file the Notice of Motion and Motion.
If the parties are unable to come to an agreement, the court may order a Physical Placement Study to be conducted by a social worker in Family Court Services, for which there is a fee. The Social Worker will conduct the study and then make a recommendation to the court, and if necessary, appoint an attorney to represent the best interest (not wishes) of the children known as a Guardian ad Litem (GAL). A deposit is required and will be applied to the fees incurred by the GAL. The court will determine who must pay which portion of the deposit and any additional fees that may be assessed.
NOTICE: Family and divorce laws change often. These forms may not be appropriate for all situations. They are intended to be useful in many cases and may have to be changed in some way to fit your case. Talk to a lawyer or make an appointment with the Family Legal Clinic if you are unsure whether these forms are the most appropriate for your situation. The staff in the Family Division office cannot give legal advice, but can review forms for completeness and answer basic procedural questions.
|Modify Legal Custody or Physical Placement
|Modify all other types of orders
|Mediation (first session)
|Mediation (2nd and subsequent sessions)
|Custody and Physical Placement Study
|GAL Deposit (minimum)
The party filing this motion should be prepared to pay any and all fees up front.
Getting a Court Date
Notifying the Other Party (Service)
Warning: Without proof of service, the court cannot proceed with the hearing.
NOTE: If, for any reason, you need to cancel or postpone your court hearing, you may complete the Request to Reschedule form and follow the accompanying procedural guide.
Preparing for and Going to Court
Clerk of Circuit Court, Family Division Office
Waukesha County Courthouse, Rm C-167
515 W. Moreland Blvd.
Waukesha, WI 53188
Office Hours: Monday-Friday 8:00 a.m.-4:30 p.m.
Accept Filings and Fees
Distribution of Forms, Packets, & Procedural Guides (fees may apply)
Notary Public Services
Review of forms for completeness: Monday-Friday 8:30 a.m.-4:00 p.m.
Family Legal Clinic (By Appointment ONLY): Wednesdays with appointments starting at 3:00 p.m.
Family Court Services
Waukesha County Courthouse, Rm C-355
515 W Moreland Boulevard
Waukesha, WI 53188
Office Hours: Monday -Friday, 8:00 a.m. to 4:30 p.m.
Available Services: Child physical placement related mediation and studies/evaluations
Waukesha County Child Support Enforcement Agency
Administration Building, Room 348
515 W. Moreland Blvd.
Waukesha WI 53188
Office Hours: Monday-Friday, 8:00 a.m. - 4:30 p.m.