POST-JUDGMENT MOTIONS IN WISCONSIN
THE KNOW-HOW FOR WHEN CHANGE HAPPENS
"MY DIVORCE IS OVER, BUT WHAT DO I DO WHEN ...?"
A divorce judgment cannot be revised without a judge's permission, so when your situation changes or when 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 instances 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. Resolving post-divorce disputes can be complicated, and although the Court can remedy most situations if properly called upon to do so, the costs can be staggering. When things are not going as expected, mediating your post-judgment dispute with the help of Divorce PRO Wisconsin can save you time, money, and a whole lot of stress. Our experienced divorce mediators have the answers 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 because a court date 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 jail.
Divorce PRO Wisconsin offers easy and cost-effective solutions for pro se parties seeking assistance with a post-judgment motion. Tell us what you need and let our pro se divorce advocates help you help yourself.
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Divorce PRO is a client-first mediation services provider, promoting affordable alternatives to traditional retainer-first legal representation. We are divorce done right, offering guidance and straight answers to pro se parties unable to find the help they need at a reasonable cost. Our team of pro se divorce advocates and divorce mediators, many of whom are former family law attorneys, work here in Wisconsin. We have helped hundreds of clients save thousands in lawyer fees, and we are ready to help you help yourself.