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Packet

  1. 1. Packet Post Judgment Divorce/Paternity Modification Packet 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. The forms are provided as a service to you, our customer. This packet is used to seek changes in court orders or judgments. DO NOT use this packet if your divorce or paternity has not been granted. You are encouraged to seek some legal assistance to verify that these forms are the most appropriate for your situation, as the staff in the Clerk of Courts Office cannot give legal advice. Fees: Order To Show Cause to modify Legal Custody or Physical Placement $50.00 Order To Show Cause to modify all other issues of an Order $30.00 Please Note: All disputes regarding legal custody and physical placement are automatically referred to Family Court Counseling Services for mediation. You may request court ordered mediation before you file the Order To Show Cause or file the Order To Show Cause and wait for the court to order the mediation. There is a $150.00 deposit required for mediation. That deposit will be refunded if only one mediation session is held. The court may feel it is necessary to appoint a Guardian ad Litem for the minor child(ren), in which case a deposit of $1,500.00 is required by the court. The deposit will be applied to the fees incurred by the GAL. This $1,500.00 deposit will need to be paid by the party requesting relief. Additional GAL fees may be incurred and are the responsibility of the parties to the action. Contents Procedural Checklist Forms and Instructions for the following:  Order to Show Cause  Affidavit for Change of Child Support/Maintenance/Family Support  Affidavit for Change of Legal Custody  Affidavit for Change of Physical Placement  Affidavit for Change of Court Order or Judgment  Order Financial Disclosure Statements (2) Procedural Checklist Page 1 of 6 Revised 07/01/2003
  2. 2. 1. c Complete the Order to Show Cause form and at least one Affidavit form. 2. c Go to the Clerk of Courts Office Cashier/Reception desk, to pay the filing and copy fee, if required, and to obtain a court date and court official’s signature. Caution! You may have to wait for court staff to obtain a court official’s signature. For best results, go the Clerk of Courts Office to request the signature between the hours of 8:30 - 11:30 a.m. and 1:30-4:30 p.m. 3. c Once the court official’s signature has been obtained, the clerk will make three (3) copies (4 if the State of Wisconsin is a party to the action) and time stamp them. She will keep a copy and return two copies (3 if the State is a party) and the original to you. 4. c After filing the forms, you must make arrangements to have one of the date stamped copies served on the other party(ies). Deadline: The other party and the Child Support Division (if a party) must be served with the forms no later than five (5) business days before the date of the hearing. For information on the ways to provide service see the Service Packet, which is available from the Clerk of Courts office. 5. c After you have served the other party(ies) you MUST file the original Affidavit of Service or Admission of Service and original Order To Show Cause and Affidavit forms on or before the date of your hearing in the Clerk of Courts Office. This proves that you served the Order to Show Cause and Affidavit on the other party, and the State of Wisconsin, if it is a party. Keep one copy for your records. Note: If you want the court to cancel or postpone your court hearing you must make a written request to the court and notify all parties (including the Child Support Division) in writing of the court’s decision 6. c Go to the correct courtroom at least 10 minutes before your assigned court time and let the court clerk know for which case you are appearing. Take a copy of the Affidavit of Service or Admission of Service, the original and two copies of your Financial Disclosure Statement, if it was required (refer to the bottom of the Order To Show Cause form), and any other documents you think may help you make your case to the court. If you wish to bring other people to testify for you, make sure they come to court in person. A letter from them is not enough. 7. c When your case is called, go to the front of the room and sit where directed by the court. Bring all your papers and documents with you. 8. c Present your case to the Court Commissioner as directed. Be prepared to state your side of each issue clearly and completely. Be prepared to answer questions that may be asked of you by the Court or by the other side. If you wish to offer written evidence or documents to the court, give the original to the court and a copy to the other side. Use the Affidavit you prepared as an outline to follow while you are in court to be sure you remember each issue you want to raise. 9. c The commissioner will state his/her decisions/rulings to you. Take notes because you must be able to write the ruling in a specific format. The court may also set a review hearing for the parties to return to court. 10. c After your court hearing, complete the Order form. Page 2 of 6 Revised 07/01/2003
  3. 3. 11. c Send one copy to the other party and the State of Wisconsin, if it is a party. 12. c On the same day you send the Contempt Order to the other party(s), file the original and three (3) copies of the Order in the Clerk of Courts Office, along with two self-addressed stamped envelopes (one addressed to you and one addressed to the other party). If the State is a party, include one additional copy and one unstamped envelope addressed to the Ozaukee County Child Support Division, 1201 S. Spring St., Port Washington, WI 53074. 13. c The court will hold the Order for five (5) days to give the other party(s) time to review the order and object to its accuracy. If there are no objections within the five days, the court will review, may sign, and return the order to you and the other parties. GOOD LUCK!! Forms Order To Show This form will order the other party into court on a specific Cause: date. 1. c Complete the caption (top portion) of the Order to Show Cause the same way it appears in your original Divorce or Paternity papers. c Mark an X in the box to indicate if this matter is in relation to a Marriage or a Paternity. If Paternity, write the initials of the child. c Write the first name, middle initial, and last names of the parties in the same order in which it was completed in your original Divorce or Paternity papers. c Call the Child Support Division at (262) 284-8400 to determine if the State of Wisconsin is a party to this case. Mark only one box with an X to report if the State is a party to the case or not. c Write in your case number. 2. c Write the other party’s name in the paragraph entitled It is Ordered. 3. c DO NOT complete the sections labeled Before, Place, Date, and Time- the court will complete those portions. 4. c Mark an X in the box of the last paragraph to indicate whether or not the contempt is related to financial matters. Affidavit for Change This form is used to inform the court, the other party, and Page 3 of 6 Revised 07/01/2003
  4. 4. of Child Support, the State (if a party) that you are seeking a change in the Maintenance, or amount of child support, maintenance, or family support Family Support: previously ordered by the court, what you would like to change it to, and why. 1. c Repeat step 1 from the Order To Show Cause. 1. c You are the party making the request. Write your name on the first line. 2. c Paragraph 1: Indicate with an X which party you are in this action (see caption). 3. c Paragraph 2: Write the file date of the court order or judgment that you are requesting to change, and indicate which party has been ordered to make payments. On the lines below indicate with an X the type(s) of payment that are required to be made, and indicate how much was ordered to be paid and how often. Attach a copy of the court order/judgment or additional sheets if necessary. 4. c Paragraph 3: Indicate with an X if you are requesting to increase, decrease, or change the current payments. In the section below, indicate with an X the type(s) of payment that you are requesting to change, indicate how much money you would like to have the payment changed to, and how often you are requesting the payment to be made. 5. c Paragraph 4: List all the reasons you want the changes to be made. Put each reason in a separate paragraph and number them. Attach a copy of the court order/judgment or additional sheets if necessary. 6. c Signature: Do not sign this Affidavit until you are in the presence of a Notary Public. You must present a photo ID. Affidavit for Change This form is used to inform the court, the other party, and of Legal Custody: the State (if a party) that you are seeking a change in the arrangement of legal custody previously ordered by the court, what you would like to change it to, and why. 1. c Repeat step 1 from the Order To Show Cause. 2. c You are the party making the request. Write your name on the first line. 3. c Paragraph 1: Indicate with an X which party you are in this action (see caption). 4. c Paragraph 2: Write the file date of the court order or judgment that you are requesting to change, and indicate with an X if you were awarded joint, sole, or no legal custody of any of the minor children and write their names on the lines below. 5. c Paragraph 3: Indicate with an X if you are requesting joint, sole, or no legal custody and indicate the names of the children you are requesting this change for. 6. c Paragraph 4: List all the reasons you want the changes to be made. Put each reason in a separate paragraph and number them. Attach additional sheets if necessary. Page 4 of 6 Revised 07/01/2003
  5. 5. 7. c Signature: Do not sign this Affidavit until you are in the presence of a Notary Public. You must present a photo ID. 8. Affidavit for This form is used to request the court for a change in the Change of physical placement schedule and to inform the court, the Physical other party, and the State (if a party) what changes you are Placement: asking for and why. 1. c Repeat step 1 from the Order To Show Cause. 2. c You are the parent making the request. Write your name on the first line. 3. c Paragraph 1: Indicate with an X which party you are in this action (see caption). 4. c Paragraph 2: Write the file date of the court order or judgment that you are requesting to change, indicate with an X which parent’s physical placement you are requesting to be changed and mark with an X which type of placement order it currently is. On the lines below, write the name of each child and the specific placement schedule that was ordered. Write the specific details of that court ordered placement schedule. Attach a copy of the court order/judgment or additional sheets if necessary. 5. c Paragraph 3: Mark an X in the box to indicate which parent’s placement schedule you are requesting to change and indicate which type of placement schedule you are requesting. Write the name(s) of the child(ren) on the line and the specific schedule you wish the court to grant. Be as specific as possible and attach additional sheets of necessary. 6. c Paragraph 4: List all the reasons why you are requesting those changes from the court. Put each reason in a separate paragraph and number them. Use additional sheets if necessary. 7. c Signature: Do not sign this Affidavit until you are in the presence of a Notary Public. A Notary Public is located in the Clerk of Courts Office. You must bring a photo ID. Affidavit for This form is used to inform the court and the other party(s) Change of Court that you are a requesting a change of your court order or Order/Judgment: judgment that is not specifically related to child or family support, maintenance, legal custody, or physical placement, and why you are requesting the change. 1. c Repeat step 1 from the Order to Show Cause to complete the caption (top portion) of the Affidavit for Change of Court Order/Judgment. 2. c You are the party making the request. Write your name on the first line. 3. c Paragraph 1: Indicate with an X which party you are in the action (see caption). Page 5 of 6 Revised 07/01/2003
  6. 6. 4. c Paragraph 2: Write the file date of the court order or judgment that you are requesting to change, and on the lines below write the specific related details of that court order or judgment. Attach a copy of the court order/judgment or additional sheets if necessary. 5. c Paragraph 3: List all the changes you wish to make to the court order/judgment. Be specific. Attach additional sheets if necessary. 6. c Paragraph 4: List all the specific reasons you are seeking the change(s). Once again, be specific and attach additional sheets if necessary. 7. c Signature: Do not sign this Affidavit until you are in the presence of a Notary Public. You must have a photo ID with you at the time. Page 6 of 6 Revised 07/01/2003

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