Wisconsin Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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US-01899BG
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Description

A decree for alimony 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 motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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FAQ

Wisconsin's Statute of Limitations on Back Child Support Payments (Arrears) Enforcement of past due child support in Wisconsin is subject to a 20 year statute of limitations.

When can I ask for my child support order to be changed? You have the right to have your court order reviewed by the child support agency every 33 months or if there is a significant change in circumstances which will result in a payment change of 15% of the current order and the difference will be at least $50.

In Wisconsin, you can file a motion to modify child support if you can establish a substantial change of circumstances. The courts consider a significant change in your income, the recipient's income, or the needs of the child to be a substantial change.

Whenever a spouse wishes to challenge an existing spousal support order, they must file a Request for Order, which asks the court to review changes in circumstances for either spouse. If, for instance, the spouse receiving support comes into money, they may no longer need the alimony payments.

Can alimony be avoided in Wisconsin? Think ahead. ... Provide proof that your spouse was unfaithful. ... Request a vocational evaluation for your spouse to complete. ... Give evidence that your spouse is financially stable on their own. ... End your marriage as soon as you can. ... Request an end date for alimony payment.

A substantial change in circumstances may arise when a child custody order is modified and the parent paying support becomes the custodial parent, when a medical issue arises, when a parent has a significant change in income such as a job loss, or when a parent is put in jail.

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 ...

There is no defined mathematical formula that the courts use to calculate alimony in Wisconsin. The courts decide alimony or spousal support in Wisconsin on a case by case basis using a variety of factors.

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Wisconsin Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse