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When Life Changes, You May Need A Post-Divorce Modification
Do you need to change the terms of your original Wisconsin divorce or paternity judgment? Many people try to handle modifications on their own, between themselves and their ex-spouse. This is not a good idea for several reasons — primarily because the courts will not recognize informal arrangements in the event of litigation at a later date.
If you live in southeastern Wisconsin, talk to a post-divorce modifications lawyer at Brazil & Benske, LLC, in Milwaukee. We have years of experience helping people modify their divorce orders.
The most common modifications include:
- Child support obligations: It is not unusual for a noncustodial parent to request a temporary reduction in child support obligations following the loss of a job or for medical reasons. Permanent changes can be sought in the event of a significant reduction in income or change in circumstances regarding health insurance requirements.
- Modifying child custody: When the custodial parent demonstrates that he or she can no longer provide for the child’s welfare, the noncustodial parent or an extended family member may seek a change in custody. In some cases, the custodial parent faces chemical dependency treatment or incarceration. If there is no noncustodial parent to assume custody on a limited-term basis, petitioning the court for juvenile guardianship may be an appropriate consideration.
- Moving with a custodial child: The initial court custody order will typically include provisions regarding remaining in reasonable proximity to the noncustodial parent, for parenting purposes. Custodial parents may petition the court to allow a move to another community more than 150 miles away or across state lines.
- Reducing or increasing spousal support: When one party’s financial circumstances change substantially, either party may petition the court to modify the original spousal support order. In certain circumstances, this can include removing the alimony order altogether.
Do You Need Help Enforcing A Divorce Judgment?
A post-judgment action is any action brought after a divorce has been granted. These actions can be for contempt or enforcement (one party hasn’t done what he or she was ordered to do in the divorce) or for modification (one party wants to change something that has been ordered). We will explain your options for pursuing a post-judgment action or defending yourself if you have been named in a lawsuit.