WISCONSIN POST-DECREE MODIFICATION ATTORNEYS

Family Law ~ Post-Decree Modification

Assisting Clients Request Post-Divorce Modifications to Family Law Matters Like Child Support Orders, Custody, Visitation, and More

When you go through divorce proceedings in Wisconsin, a family law judge uses established guidelines to outline your and your ex-spouse’s responsibilities regarding child support, visitation rights, legal and physical custody, and other essential matters. However, just as things changed in your marriage that resulted in a divorce, significant changes in your life and the lives of your ex-spouse and children could give rise to the need for a post-divorce modification.

Our Wisconsin law firm represents clients in a variety of family law issues, including requesting modifications to divorce settlements. Depending on your unique circumstances, your requested change could relate to changes in financial situations, job loss, new health issues, or other substantial changes. Requesting post-judgment modifications is not always simple, as the other parent or ex-spouse may dispute the need for the requested changes, potentially resulting in long and drawn-out litigation.

If you request a divorce decree modification, you must provide substantial evidence to support that the modification to the settlement is justified. If the modification has to do with your children, you must show that the modification is in the best interest of your minor children. Our legal team can help prove a substantial change in circumstances to streamline the legal process of requesting modifications to your divorce decree. To learn more about the benefits of retaining our legal services, please schedule your complimentary consultation with HKK Law Offices today.

Are the Terms of Your Divorce Decree Considered Final?

While your divorce might be final, the divorce settlement need not be. Divorce orders are living documents that sometimes require changes as our financial circumstances change and our children grow up. As time passes, your children may want to spend more time with the other parent, your ex-spouse remarries, or you may have lost your job. Any of these could be potentially acceptable changes in circumstances to allow for post-divorce modification.

Under Wisconsin law, divorced spouses must usually wait two years before requesting to modify their divorce decree. Exceptions to this rule include instances of domestic abuse or severe substance abuse problems.

In most cases, once the two years have passed, you would need to establish a significant change of circumstances that makes the modifications necessary for yourself and the well-being of others. Sometimes, both ex-spouses agree to the changes, but many other cases lead to legal disputes. With emotions running high and so much on the line, it can almost feel like going through the divorce process all over again. Our family law attorneys can assist you throughout the process, ensuring that your rights and responsibilities are well looked after and that you can reach the most satisfactory outcome to your legal matters.

What Are Common Reasons to Request Post-Judgment Modifications?

Substantial changes in life circumstances could be viable reasons to seek modifications to divorce decrees. Among the most common reasons to request a post-divorce modification is showing significant changes in financial circumstances, such as increased income or new economic hardships. For example, a spouse with new financial difficulties may request a lower spousal or child support obligation. At the same time, an individual who sees a significant increase in income may be asked to pay more.

Common reasons for post-decree modifications include the following:

  • A change in your child’s needs, including potentially special needs
  • A significant increase or decrease in earnings
  • Accusations of domestic violence, child abuse, or substance abuse problems
  • Behavioral changes in your child
  • Changes in residence
  • Criminal activity and incarceration of one or both parents
  • Declaring bankruptcy
  • Developing a new disability or long-term illness
  • Job loss or changes in career focus
  • Physical placement modifications
  • Retirement of one of the ex-partners
  • The failure of one party to comply with court orders

Suppose you are dissatisfied with the divorce settlement, such as disagreeing with how property division was handled or the amount of child support. In that case, you have the right to request a modification after a certain length of time. But sometimes, it has nothing to do with our dissatisfaction with the original orders and has everything to do with the fact that our circumstances change, and we can no longer meet the obligations that were previously asked of us. Alternatively, circumstances may have changed for the better, in which case your ex-spouse may request additional financial support. Whatever the case may be, our law firm is here to represent your needs in pursuit of a satisfactory outcome to your legal concerns.

How Can You Request to Modify Your Child Custody Order?

As children grow, their needs may change. Child custody modifications can be granted if parents agree that those changes facilitate the requirement for updates to parenting plans, legal custody, visitation schedules, and physical placement. However, these legal matters are often highly contested, with one parent believing that change is necessary and the other disagreeing and wanting things to remain as they are.

Parents who wish to pursue post-judgment modifications to a child’s custody orders or visitation rights without the other parent’s consent must prove that a significant change has occurred and that alterations to the original order would be in the child’s best interests. Examples of reasons to request child custody changes include providing proof of child neglect or abuse, showing a failure on the part of the other parent to comply with existing orders, and more.

Even with convincing proof, these matters often result in contentious legal battles that unfold in the courts, furthering the schism between the ex-spouses.

Our Wisconsin legal team will represent your rights and help you establish suitable evidence that an alteration in the child custody orders is necessary for both you and the children. We will advocate on your behalf throughout the legal process in hopes of helping you achieve your goals and allowing you to have more time with your children.

What Are Acceptable Reasons for Modifying an Existing Order for Child Support?

Child support payments can be modified if a significant change in financial circumstances can be shown.

The paying parent may be required to show that they have lost their job or that their wages have been substantially reduced to justify reducing child support obligations. In many cases, it is necessary to prove that the loss of employment or income is permanent.

If the paying parent sees a positive change in financial circumstances, they may be asked to pay more for child support than they did previously. Additionally, if the recipient parent sees a substantial change in circumstances, they may be forced to request a change for the well-being of their children.

When Can a Spousal Maintenance Court Order Be Modified in Wisconsin?

Maintenance, sometimes called spousal support or maintenance, can be modified after significant shifts in either party’s financial needs or income.

If you are the payor and you’ve seen a significant decrease in income or have recently lost your job, you may have acceptable grounds to request a change to the spousal support agreement. Permanent job loss or a demotion can significantly impact the paying ex-spouse’s ability to make ongoing payments, and a temporary reduction in obligations may be called for.

If the recipient ex-spouse sees an adverse change in their life, such as new health issues or job loss, they may also request additional spousal maintenance payments.

There may be additional instances where spousal maintenance court orders can be modified. For legal guidance, please contact our law firm.

Contact HKK Law Offices to Request a Complimentary Consultation with Our Experienced Attorneys Today

Whether you need to petition for post-divorce modifications for child support court orders, child custody arrangements, or other family law matters, seeking the legal counsel of experienced lawyers is crucial. Our legal team has extensive experience representing clients in complex family law issues, including modifying divorce decrees. Our attorneys can assist you throughout the process of requesting the changes, providing proof that modifications are necessary, and ensuring that the modifications are enforced.

HKK Law Offices stands ready to represent your rights and help you pursue your goals in your family law legal matters. We offer complimentary consultations to prospective new clients interested in retaining our legal services.

Contact HKK Law Offices at 920-635-2992 or visit the Complimentary Consultation button at the top of the page to schedule online.

Disclaimer:

The HKK Law Offices website is intended for informational purposes only. Nothing on the site is considered to be creating an attorney-client relationship between the reader and HKK Law Offices or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel.

No client or other reader should act or refrain from acting based on any information contained in the HKK Law Offices website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.