Legal Question in Family Law in Wisconsin

Child Placement Change by Child

My divorce was final in 2/04, with separation since 6/03. I have joint custody of my 16 year old daughter, placement with her mother, and liberal visitation. My daughter has recently moved in with me due to stress and other problems with her mother. Can I petition for a change in child support payments based on the new living situation, even if her mother refuses to voluntarily change the agreement? Will my daughter have to petition for a change in placement? This is causing a financial hardship for me and it doesn't seem fair that her mother is getting full child support (as prescribed by Wisc. law) without supporting a child.


Asked on 6/17/04, 3:43 pm

1 Answer from Attorneys
David Hudec Gray, Hudec & Oleniczak

Re: Child Placement Change by Child

A Notice of Motion and Motion for Modification of Judgment should be filed with the Clerk of Courts office in the county where the Judgment of Absolute Divorce was granted. There is an applicable filing fee and the biological mother needs to be served with papers. The motion should request a change in physical placement, as well as in child support.

This is not legal advice. This is an answer to a general question without all the facts being present. Please contact me at (262) 642-4368 to discuss this further. Victoria A. Oleniczak

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Answered on 6/17/04, 4:26 pm


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