I. Modification of judgments or orders.

1. Use this procedure if you want to change something that was ordered or agreed upon and made part of a court order. Be sure you are using the most recent order that addresses the issue you want to change.

2. If you want to change custody or placement (visitation) of a child, you may be required to attempt mediation first. To request mediation, a form can be obtained from this office. It must be completed and returned to this office, together with a check made payable to Family Court Commissioner for $150.00. If only one mediation session is held, whether you reach an agreement or not, your $150.00 will be refunded to you.

3. If mediation is not successful, a Guardian ad Litem may need to be appointed for the child. This is an attorney who investigates and reports to the court as to what is best for the child. The law has different standards on when and under what circumstances modification of custody or placement can be made, depending how long ago the last order was entered. A petition for appointment of a guardian ad litem must be prepared and filed with the court, along with a check made payable to the Clerk of Courts for $1,000.00. This is the deposit only; the actual cost may be much higher.

4. Forms and instructions to request a modification are available from the Clerk of Courts. There may be a filing fee. If your divorce has already been finalized, the Judge will hold this hearing. If it is a paternity matter, the Family Court Commissioner will hold this hearing.

5. If you are modifying a temporary order, a different procedure may be available. Refer to your temporary order to see whether you can request a rehearing on ten-day letter notice. If so, you can call this office to schedule a rehearing of a temporary order. This only applies if your divorce has not yet been finalized.

II. Enforcement of judgments or orders (Contempt).

1. Use this procedure if you want to require the other person to follow an order on something that was ordered or agreed upon and made part of a court order. Be sure you are using the most recent order that addresses the issue you want to enforce.

2. Forms and instructions to request enforcement (also known as a contempt proceeding) are available from the Clerk of Courts. The Family Court Commissioner will hold this hearing.

III. Orders from other states.

1. In some cases, you may be able to modify or enforce orders that have been issued by courts of other states. Many states have adopted similar laws, such as the Uniform Child Custody Jurisdiction Act (UCCJA) and the Uniform Interstate Family Support Act (UIFSA), which means that judges in those states will follow the same rules in determining whether or how they can modify or enforce the orders from a court in another state. Additionally, some federal laws, such as the Violence Against Women Act (VAWA), require that state and tribal courts must enforce certain orders (in this case restraining orders) of another state.

2. The laws relating to interstate enforcement and modification of orders are complex. Certain requirments must be met before orders issued by a court in another state can be modified or enforced in Wisconsin. You should seek legal advice or other competent assistance if you need help with an order from another state. A variety of pamphlets in this office and the Clerk of Circuit Courts office are available to give you additional information or suggest where you can go for help.

IV. Child Support Agency Assistance.

1. The Child Support Agency may be able to assist you with child support and other related orders issued in a Wisconsin court or a court of another state. Other related orders can include requirements to provide or help pay for health insurance for children or, in paternity cases, pay for birth expenses. You may be required to fill out an application for their services.

3. The child support agency cannot help you with enforcing or modifying custody or visitation (placement) issues.