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Making Modifications to Your Divorce Decree
As the saying goes, the only thing that is constant is change. While your initial divorce decree may have worked for you and your family at the time, these orders may need to be updated throughout the years, and it is important for divorced spouses to understand the processes that must be followed when making post-divorce modifications.
People may seek changes to child custody, child support, and spousal maintenance orders. Circumstances leading to a change in child custody orders include:
- Parent relocation
- A parent re-marrying and/or the addition of half-siblings or step-siblings
- Changes in children’s schools
- Changes in children’s extracurricular activities
- The emergence of a child’s medical condition
Alimony and child support modifications may be granted if there has been a change in the payor’s income. Child support modifications may also be granted if the child requires more or less support or if changes to child custody arrangements have increased or decreased the amount of time a child spends with a parent.
One thing that should be emphasized is that a person cannot modify an order or agreement simply because they do not like the terms. For a successful modification petition, you must be able to show that there has been a substantial change in circumstances.
In the case of child custody, a court will not entertain a request to modify a child custody order within the first two years of the original order, unless it can be demonstrated that the current order creates a physically or emotionally harmful environment to the child. In the case of child support, a court will presume that there has been a substantial change in circumstances if it has been at least 33 months since the previous order or if a modification would mean a change of at least 15 percent and $50 each month.
Another factor to consider when deciding if you want to pursue a modification is whether your ex is open to negotiation. In these cases, a court will not be involved. Rather, you and your ex may be able to come to an agreement with new terms. During this process, a skilled family law attorney may be able to work with the other side to determine where there is room for compromise. An agreement between the parties can be made at any time. The new agreement will be submitted to a court, and after it is approved, it will become binding on both parties.
Contact a Milwaukee, WI Family Law Attorney
Making a change to your divorce decree requires a substantial understanding of Wisconsin family law and the ability to effectively argue for the modification. If your divorce decree no longer works for your family, you should contact one of our attentive Milwaukee, WI divorce lawyers.
Our firm gives personalized and comprehensive representation to clients who seek to change the terms of their divorces. We understand that family law judgments affect every aspect of your life, and we will treat your case with the urgency you deserve. Contact us today at 414-271-1440. We offer free consultations to prospective family law clients.
Sources:
https://dcf.wisconsin.gov/cs/review/modify-order
https://docs.legis.wisconsin.gov/statutes/statutes/767/V/451
