Returning to court after your concluding your divorce, custody, or placement action is something no one thinks will occur. However, incomes and finances fluctuate, children’s needs vary, or one party might not follow the court order. If you are experiencing any of these issues or are concerned with your court order, you should consult with a post judgment attorney. At Heather L. Nelson Law, S.C., we advise, guide, and protect the rights of our clients in enforcement and modification actions related to custody, physical placement, relocation, child support,
maintenance, and other financial issues.
Child Custody and Physical Placement Modifications
If you no longer believe the current custodial conditions or the physical placement schedule is in your children’s best interest, you may need to file for a post judgment modification. In Wisconsin, there are limited circumstances in which you can modify a prior custody or physical placement order.
If you are seeking a substantial modification of legal custody or physical placement, the evidence you need to present to the court differs based on whether you are seeking the modification before or after two (2) years from the entry of a final judgment determining legal custody or physical placement.
At any time, you can request a non-substantial modification of legal custody or physical placement. Wis. Stat. sec. 767.451(3).
You can also request a modification of placement if the other parent has repeatedly and unreasonably failed to exercise the placement time that was previously awarded to them. Wis. Stat. sec. 767.451(2m).
Enforcement of Child Custody and Physical Placement Order
If your court-ordered placement is being denied or substantially interfered with by the other parent, you may need to file an enforcement action. As part of this action, the court can enter orders for strict compliance of the placement schedule, make-up time, and may compensate you for any financial loss incurred. Wis. Stat. sec. 767.471.
Child Support and Maintenance Modifications
If you have been ordered to pay child support or maintenance in your most recent order and your financial circumstances have substantially changed, it is imperative that you file a post judgment modification of child support and/or maintenance immediately. No modifications of financial support can apply retroactively unless it is to correct an error in calculations. Therefore, if you do not seek appropriate court action as soon as your financial circumstances change, you may find yourself accumulating arrears, which can potentially lead to a contempt action being filed against you.
Whether you are requesting an increase or decrease of child support or maintenance, are unable to pay your support obligation, or change employment, contact Heather L. Nelson Law, S.C. to obtain the financial security you need. We can also help you enforce a current child support or maintenance order.
What Happens if Your Former Spouse Violates Your Divorce Decree?
If your former spouse has failed to deliver property that should be yours, sell property and divide the proceeds as ordered, or otherwise fulfill court-ordered obligations, you may have a case for a contempt action.
If the court finds your former spouse intentionally violated the court order, the court can order sanctions authorized by Wisconsin Statutes Chapter 785. This may mean that your former spouse is sentenced to jail, ordered to strictly comply with the order, and even pay your attorney fees.