Legal Question in Family Law in Wisconsin

Re: Refuses to make agreed payments

A Marital Settlement Agreement can no longer be revoked after it is signed by the parties and approved by the court. So, any agreement short of that is not binding. And even after it can no longer be revoked, you still need an order or judgment in order to enforce the agreement.

So, you need to either file a motion and have the family court commissioner conduct a hearing as to whether to issue an order or have both parties sign a stipulation that a temporary order can be issued and then draft the order and have the family court commissioner sign it after which it is served upon the spouse. Then you can enforce the order by the contempt power of the court.

You can do the same thing after getting a final judgment that requires the spouse to make the payment -- but by then your credit rating may be irrevocably harmed.

I recommend that you immediately retain an attorney to advise and represent you.