Divorce · Post-decree modifications
Your life changed. Your court order can too.
Orders for maintenance, child support, custody and placement are not permanent. When circumstances shift substantially, they can be revisited.
When an old order no longer fits
If you have a court order for spousal maintenance, child support, or custody and visitation, and life has moved on since, it may be time to update it.
We have served eastern Wisconsin for 17+ years with friendly, professional help across all areas of family law.
Seeking a post-judgment modification
If both parties agree on the change, the process is simple. You file a petition and a judge will likely approve it. Even then, it is worth having an attorney review the petition so it is clear, enforceable and does not quietly cost you a right.
If the other party does not agree, you file and appear before a judge. Courts grant modifications only where there has been a significant change in circumstances, such as:
- A substantial increase or decrease in income
- Relocation out of state
- Addiction, domestic abuse or severe mental illness
- A change in the needs of the child
- One party refusing to comply with the existing order
Wisconsin's two-year rule
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Under Wis. Stat. section 767.451, a party generally cannot ask the court to change a custody or placement order within two years of the final judgment, unless they can show the current arrangement is causing substantial physical or emotional harm to the child.
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This cooling-off period exists to stop repeat trips to court right after a judgment and to give children stability. After two years the standard relaxes, though you must still show a substantial change in circumstances and that the modification serves the child's best interests.
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The rule does not make a modification impossible inside two years. It sets a much higher bar. We can assess where your situation falls.
The guardian ad litem's role
In many contested cases involving children, the court appoints a guardian ad litem. The GAL is an attorney who represents the child's best interests, not either parent's position.
The GAL speaks with parents, the child where appropriate, teachers, therapists and caregivers, and may review school, medical or police records. They then make a recommendation to the court.
Child support modifications
Unlike custody, support modifications usually turn on financial change: income, employment, the placement schedule, or the child's medical, educational or childcare needs.
Simply wanting to pay less or receive more is not enough. Be ready with pay stubs, tax returns, termination records, childcare expenses or placement records. If the court finds the current amount is no longer consistent with Wisconsin's guidelines, it can adjust the order.
Modify an existing order
Call 414-519-6255 or send a message to set up a free initial consultation.