Legal Question in Family Law in Wisconsin

Court made decision without all the information

I haven't been divorced for even a year. My ex wife decided she didn't like the schedule we had been following for nearly 7 months and was going to take me back to court. I am a police officer and have a 4/2 rotating schedule (work 4 off 2). We have 50/50 joint custody and placement. When looking at total time (not just overnights) I have the children 43% she has 50% the remaining time is in school and daycare. She filed for modification of custody. When in court the judge (a fill in) found there was a Substantial change in circumstances without looking at all the details. He barely understood the schedule rotation and based his decision on calulations he made in his head, which were completely wrong. He said there was not enough time to get into full details and everything would be looked at again at the next court hearing (with the correct judge). The second hearing the judge refused to look at the facts from the previous court hearing stating that the decision was already made. He ordered $450.00 in child support per month. based on change in circumstances. I'm not sure what to do now- there hasn't been a change at all.


Asked on 11/19/07, 6:51 pm

1 Answer from Attorneys
Jeffrey Murrell Law Office of Jeffrey L. Murrell

Re: Court made decision without all the information

First off, make sure what kind of judicial officer you went before. If it was a family court commissioner (or assistant FCC), you have around 15 days from the date of the last/final decision to file a demand for a "trial de novo" (to have the issue reconsidered "from scracth") before the judge. If it was, in fact, the judge whom you went before, then you have 90 days to appeal that decision to the Wisconsin Court of Appeals (45 days if either party serves a written notice of appeal). Check with the clerk of court's office right away for details and to verify the time deadlines.

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Answered on 11/19/07, 8:51 pm


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