Waukesha County

Motion to Modify a Court Order or Judgment

When parties cannot agree to the details of an Order or Judgment that is currently in place, one of the parties may make a formal written request to the Court to make a decision as to whether their request will be granted or not. The party making the request must properly notify the other party (see the Service Packet below) of the court date. The parties will be given an opportunity to provide a legal argument and present their side of the story. Depending on the type of request and the arguments presented, the Court may make a decision at the first hearing or may require additional action by the parties and to make additional appearances.

Exceptions:

  • If the issue is related to the income assignment for child support for the last or only child of a case, please click here.
  • If your are attempting to convert your legal separation to a divorce, please click here.

Below you will find the Instructions and all the forms you will need to get from the beginning to the end of this court process. You have the option to:

  • Print the forms in PDF or
  • Complete the Word Fillable forms on-line

Please keep in mind that not all forms are due at the same time. Review the Instructions (we recommend that you print it and keep it with your papers) to determine in what order to complete each form and other tasks required.

Hint: ONLY COMPLETE THE TASKS IN THE ORDER THEY ARE LISTED-Read ahead, but do not work ahead.

 

Modification Packet (When filing a Motion that includes Property Division please indicate this on the Motion)

Number

Name

Downloads

  Instructional Guide
FA-4170V Notice of Motion and Motion to change: Legal Custody, Physical Placement, Child Support or Spousal Maintenance
FA-4138V Income and Expense Statement
FA-4175V
Decision & Order on Motion or OTSC to: Change of Legal Custody, Physical Placement, Child Support, Spousal Maintenance, Other
  Five-Day Rule Fillable Form Letter

 

Service Packet

Number

Name

Downloads

 

Instructional Guide

Link

 

Waukesha County Sheriff's Department-Service FAQ's

Link

FA-4119V

Admission of Service

PDF

Word

FA-4120V

Affidavit of Service

PDF

Word

FA-4121V

Affidavit of Mailing

PDF

Word