Resolving Disputes About Child Custody And Financial Support
Any divorce or separation is a difficult transition, especially when there are children involved. Reaching an agreement about where your child should live and how much time they should spend with each parent isn’t easy. Likewise, issues can also arise over financial support. At Remley Law, S.C., in Neenah, our family lawyers provide legal guidance and advice to those who are going through a separation or divorce. We can help you reach an agreement in your custody dispute or represent your rights and interests in court.
Answering Your Questions About Custody And Placement
Our family lawyers at Remley Law, S.C. have been helping our Wisconsin clients resolve their custody disputes since our firm was founded in 1962. Here, they answer some of the questions they get asked most often. For answers to questions about your specific case, our child custody lawyers are available by appointment for consultations.
What do I do when my child’s other parent is denying me my periods of physical placement?
If placement has been interfered with or denied, a parent may file a motion for enforcement of physical placement orders. In other words, if a parent is not cooperating with the parenting time schedule, the other parent can ask the court to enforce the custody order and can also order additional time to the parent to make up for missed time. The court can also order the other parent to pay attorney fees.
Can parents who have physical placement with a child relocate?
Wisconsin Statutes section 767.481 provides that “if the court grants any periods of physical placement with a child to both parents, a parent is seeking to relocate with the child 100 miles or more from the other parent, the parent who intends to relocate and reside with the child shall file a motion with the court seeking the permission for the relocation.”
Any plan to relocate must include:
- The date of the proposed relocation
- The municipality and state of the proposed new residence
- The reason for the relocation
- A proposed new placement schedule that takes into account the school year schedule, summers and holidays
In addition, the plan to relocate must also describe the new placement schedule and parenting plan and must address the school, summer and holiday schedules. The plan must also set forth the parents’ responsibility for transportation and who will pay the costs for transportation. After the motion is filed, a hearing will be scheduled with the court.
How can legal custody or placement orders be modified?
Wisconsin Statutes section 767.451 provides the general grounds for modifications of legal custody and physical placement orders. Usually, the court requires that you wait at least two years before requesting a modification unless there is some sort of immediate risk to the child. After two years, the court will consider modifying a child’s placement if there has been a substantial change of circumstances and it’s in the best interests of the child.
Answering Your Questions About Child Support And Spousal Maintenance
Our divorce lawyers know that child support and spousal maintenance or alimony can be among the most contested issues in a divorce. Here, they answer some of the most commonly asked questions. However, our lawyers are also available for consultation if you have questions about your specific case.
Can a support and maintenance order be revised?
Support and maintenance orders can be revised pursuant to Wisconsin Statutes section 767.59. This section provides that upon “petition, motion, or order to show cause” a court may revise and alter a support or maintenance order as to the amount and payment of maintenance or child support. However, there has to be a reason to request the change.
When will a court make a change in child or family support?
The court will only grant a change and revise the amount of financial support if there has been a substantial change in circumstances. Substantial changes in circumstances can include:
- A change in the payer’s income
- A change in the needs of the child
- A change in the payer’s earning capacity
However, the court can also consider any other relevant factors. If you believe that your financial support should be modified, our child support attorneys can help you evaluate the circumstances of your situation.
When can the court order a change in maintenance?
A revision in spousal maintenance payments may be granted if it can be supported by “a substantial change in the cost of living for either party.” However, “a change in an obligor’s cost of living is not by itself sufficient if payments are expressed as a percentage of income.”
What happens when the payer fails to pay child or family support?
Wisconsin Statutes section 767.73 provides that “[i]f a person fails to pay a support payment that is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person’s operating privilege … until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court” as well as “any other remedies authorized by law.” In other words, if the payer doesn’t pay, the court can order that their driver’s license is suspended.
How are payment obligations enforced?
Wisconsin Statutes section 767.77 provides that “[t]he court may order that a payment obligation be paid in the amounts and at the times that it considers expedient” and “[i]f a party fails to pay a payment ordered … the court may by any appropriate remedy enforce the judgment, or the order as if it were a final judgment, including any past due payment and interest.”
Consult A Neenah Child Custody And Support Lawyer
Do you still have questions about child custody or support or about changing an existing support or custody order? Our child custody lawyers and financial support attorneys are available by appointment for consultations. By providing customized guidance for each of our clients, we strive to help you resolve these disputes in a timely and cost-effective manner.
To schedule an appointment, you can call our Neenah office at 920-725-2601 or send us a message through our online form. We look forward to answering your questions and helping you resolve your case.