OZAUKEE COUNTY FAMILY COURT COMMISSIONERPROCEDURES AFTER FILING A DIVORCE ACTION; TEMPORARY HEARINGS/STIPULATIONS/ORDERS

1. The Family Court Commissioner must be served (provided with a copy of) a Divorce Summons and Petition within 20 days after the Respondent is served with the papers, or within 20 days of filing a joint petition. No proceedings will take place before the Family Court Commissioner is served. If you fail to do so, you must prepare a Petition to request the Judge assigned to the case to sign an Order Extending Time to Serve the Family Court Commissioner and provide a copy of that signed Order when you serve the Summons and Petition on the Family Court Commissioner.

2. Copies of all other documents filed with the court must also be provided to the Family Court Commissioner.

3. In all cases where either party has received public assistance at any time after the divorce was filed, you must also serve copies of all documents on the Child Support Agency.

4. Any party to a divorce action may request a temporary hearing concurrently with or any time after filing an action for divorce.

5. The first such hearing may only be scheduled by Order to Show Cause for Temporary Hearing and must be supported by an Affidavit of the party requesting the hearing. Both parties must bring a completed financial statment to the hearing.

6. If permitted by a prior temporary order, subsequent hearings may be scheduled by 10-day letter request. This means that the party requesting the hearing must do so in writing and include in that request the issues to be addressed. The requesting party must properly notice the other party of the date and issues; for a pro se party, the clerk will mail a notice of the hearing to each party (or attorney) including a copy of the request. The notice must be mailed 13 days (excluding weekends and holidays) before the hearing date. Affidavits of mailing may be filed as proof. Hearing dates and times will be assigned by the clerk, by telephone consultation with the scheduling party if requested. Only issues which the other party has been properly advised of in writing will be heard.

7. Temporary hearings can only be adjourned (postponed) by the party who originally scheduled the hearing, or a Guardian ad Litem.

8. Temporary orders may be requested on written stipulation (agreement) of the parties. Stipulations and proposed Orders must be in general conformance with the pre-printed forms provided by this office, or contain similar provisions. They must also contain findings indicating each party's gross and net incomes. Stipulations must be signed by each party and attorney appearing in the action, and the Child Support Agency if they have an interest. You must provide the original and one copy of the Stipulation and proposed Order; if you wish one or more conformed copies returned to you, you must submit that number of additional copies.

CHILD/FAMILY SUPPORT/MAINTENANCEWAGE ASSIGNMENTSOZAUKEE COUNTY

1. Child support orders, including agreements for child support, must comply with DHSS percentage of income standards. If a support order is a fixed dollar amount, there must be sufficient information showing that those standards were followed. If a serial payer or a shared-time placement situation exists, that must be noted. If the percentage standards are not followed, there must be a showing and a finding of why not, following the statutory directives.

2. All orders for child or family support or for maintenance must be paid through the office of the Wisconsin Support Collection Trust Fund (WI SCTF), must include the appropriate receiving and disbursing fee, and must include language requiring the parties to notify the clerk of court and child support agency of change of address; and payer to notify the clerk of change of employer and income, and the effect of notification of change of income.

3. All orders for child or family support or for maintenance must be made by wage assignment except in unusual circumstances.

4. The clerk will prepare all wage assignments. If child/family support or maintenance is ordered, be sure to provide the following information:

Payer: Name, address, social security number, employer's name and address.

If support is a fixed amount, also provide the payer's payroll period (e.g., weekly, every two weeks, twice per month, etc.)

Payee: Name and address.

FINAL DIVORCE HEARINGSOZAUKEE COUNTY

1. Final divorce hearings which are based on full written agreement of the parties on all issues will be heard by the Family Court Commissioner. Please contact the clerk for that office to learn the procedure and requirements for obtaining a hearing date, sometimes also called a default hearing date. The phone number is 262-284-8378 (local) or 238-8378 (metro).

2. Final divorce hearings in which one or more issues are to be decided by the court will be heard by the Circuit Court Judge assigned to the case. Please contact the clerk for that judge to learn the procedure and requirements for obtaining a trial date.

3. Have your case number available when you call about your case.

4. Your case number will, in most cases, tell you which judge is assigned to your case. Look at the last two characters of your case number:

Case #

ends in Judge assigned Clerk's local/metro phone number

B1 Judge Swietlik 262-284-8357 / 238-8357

B2 Judge Wolfgram 262-284-8415 / 238-8415

B3 Judge McCormack 262-284-8362 / 238-8362