POST-JUDGMENT MOTIONS IN WISCONSIN
THE HOW AND WHEN FOR WHEN CHANGE HAPPENS
"MY DIVORCE IS FINAL, SO WHAT DO I DO WHEN ...?"A divorce judgment cannot be revised without the Court’s permission, so when your situation changes or problems arise, you may need to go back to Court. Some issues, such as property division or a waiver of spousal support cannot be undone after the fact except in rare cases where fraud or misrepresentation can be proven. Other issues, such as child custody, child support, and spousal support can only be modified under certain conditions, and in most cases, not too soon after the divorce. In cases where there is a post-divorce dispute or a party fails to comply with the divorce decree, the Court can remedy the situation if properly called upon to do so. When things are not going as expected, knowing how and when to bring a post-judgment motion can save you time and money. Divorce PRO Wisconsin has the legal solutions you need when change happens.
What Types of Post-Judgment Relief Are Available?The two main types of post-judgment motions are requests to modify a judgment/order of the Court and requests to enforce. For almost all modification requests, the Court will require proof of a substantial change in circumstances. Requests for enforcement (or contempt) are proper when a party fails or refuses to obey a judgment/order.
- Modification (Change) Motions are often filed when a party suffers a change affecting his/her ability to comply with the judgment/order. They can be triggered by unexpected changes in income impacting support or by a change of residence that makes the child custody arrangement unworkable. A modification can also be sought to bring a judgment/order in line with the changing needs of the parties or the minor child over time.
- Enforcement Motions are filed when there is a dispute over child custody or when a party fails to abide by the placement schedule. They are sometimes referred to as “emergency” motions as Court dates must be set within 30 days of filing.
- Contempt Motions are filed when the other party intentionally fails to comply with the judgment/order, such as by failing to pay support or by purposefully failing to follow through on some other Court-ordered obligation. If proven, the sanctions upon a non-compliant party can be severe and can include a commitment to the County Jail.
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Limited Scope Representation in Post-Judgment ActionsNo one wants to go back to Court and not getting it right will only add to the frustration. If you cannot resolve your post-judgment dispute or agree on a much-needed change in the current order, moving forward with a post-judgment motion will require thoughtful consideration and some knowledge of the rules. Judges and court staff cannot provide legal advice. When a post-judgment issue arises, working with an experienced divorce attorney or divorce mediator can make you feel a lot less helpless. Let the professionals at Divorce PRO Wisconsin help you find an affordable, issue-specific solution that meets your needs and your budget.
What Does Divorce PRO Cost?Your first step is free. Our initial consultation includes expert analysis of the facts you provide and a comprehensive breakdown of the key issues in your case. From there, we work with you to find the right solution for the right price, one step at a time, for as little as $100 per service requested. Divorce PRO is legal help with your divorce made simple.
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