Wisconsin Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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Multi-State
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US-00799BG
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

The standard percentage of income guideline in Wisconsin for child support is: 17% of income for 1 child. 25% of income for 2 children. 29% of income for 3 children.

If both parents agree to change the amount of support, they may use the Office of State Court's online form, FA-604 - Stipulation and Order to Amend Judgment for Support . This can be done at the child support agency, or the parents can complete the form on their own and submit it to the child support agency.

If Two Parents Agree to Change the Amount of Support The Office of State Courts offers an online form (FA-604-Stipulation and Order to Amend Judgement for Support) that parents can sign and file with the court for approval. The legal agreement will take effect when the court approves it.

In shirking cases, when considering a spouse's conduct in voluntarily reducing his or her income, a court applies a test of reasonableness under the circumstances, balancing the needs of the parents and the needs of the child, both financial and otherwise, like child care and the ability of both parents to pay child ...

For one child in Wisconsin, your child support will be 17 percent of your earnings. So, if you have one child with your former spouse, and they kept custody of the child, you'll pay 17 percent for the child's support. That means if your monthly income is $2,500, you'll pay $425 a month for child support in Wisconsin.

Wisconsin law provides that the arrival of a new child (second family) doesn't entitle the paying parent to anautomatic child support reduction. However, the court may consider the needs of any person whom the parent is legally obligated to support.

(2) Any person who intentionally fails for 120 or more consecutive days to provide spousal, grandchild or child support which the person knows or reasonably should know the person is legally obligated to provide is guilty of a Class I felony.

If both parents agree to change the amount of support, they may use the Office of State Court's online form, FA-604 - Stipulation and Order to Amend Judgment for Support . This can be done at the child support agency, or the parents can complete the form on their own and submit it to the child support agency.

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Wisconsin Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support