STATE OF WISCONSIN

CIRCUIT COURT – [COUNTY] COUNTY

FAMILY DIVISION

In re the Marriage/Parentage of

[Petitioner’s Full Legal Name],
Petitioner,
and
[Respondent’s Full Legal Name],
Respondent.

Case No.: [YYYYFA#####]
Filing Date: ______________

PETITION TO MODIFY CHILD SUPPORT

(pursuant to Wis. Stat. §§ 767.59, 767.511 & 767.75)

TABLE OF CONTENTS

1. Parties & Counsel .......................................... 2
2. Jurisdiction & Venue ....................................... 2
3. Definitions ................................................ 3
4. Background & Procedural History ............................ 3
5. Governing Legal Standards .................................. 4
6. Allegations Constituting a Substantial Change .............. 4
7. Revised Child-Support Calculation .......................... 5
8. Enforcement Mechanisms ..................................... 6
9. Prayer for Relief .......................................... 7
10. Verification .............................................. 7
11. Signature Block ........................................... 8

1. PARTIES & COUNSEL

1.1 Petitioner. [Petitioner Name] (“Petitioner”) is an adult resident of [County], Wisconsin, residing at [Address], and is represented by [Law Firm/Attorney] (State Bar No. [#####]).
1.2 Respondent. [Respondent Name] (“Respondent”) is an adult resident of [County], Wisconsin, residing at [Address], and is represented by [Law Firm/Attorney] (State Bar No. [#####]).
1.3 Minor Children. The minor child(ren) subject to this action are:
 a. [Child #1 Full Name] – DOB: [MM/DD/YYYY]
 b. [Child #2 Full Name] – DOB: [MM/DD/YYYY]
  [Add lines as necessary]

2. JURISDICTION & VENUE

2.1 Subject-Matter Jurisdiction. This Court has continuing exclusive jurisdiction over child support pursuant to Wis. Stat. § 767.59.
2.2 Personal Jurisdiction. Both parties are domiciled in Wisconsin and were parties to the original support order entered by this Court on [Date].
2.3 Venue. Venue properly lies in [County] County under Wis. Stat. § 801.50(1) because the minor child(ren) reside(s) herein.
2.4 Forum Selection & Jury Waiver. As required for family matters, this petition is to be adjudicated in state family court without a jury.

3. DEFINITIONS

For clarity, the following terms shall have the meanings set forth below:
3.1 “Current Order” means the child-support order entered on [Order Date] under Case No. [######].
3.2 “Modified Support Amount” means the recalculated periodic child-support obligation requested herein, determined in accordance with Wis. Stat. § 767.511.
3.3 “Substantial Change in Circumstances” has the meaning assigned by Wis. Stat. § 767.59(1f)(c).

4. BACKGROUND & PROCEDURAL HISTORY

4.1 On [Divorce/Judgment Date], this Court entered the Current Order, obligating [Payer] to pay child support of $[Amount] per [week/bi-week/month].
4.2 Since entry of the Current Order, the following significant events have occurred:
 a. Income changes: [Payer]’s gross income changed from $[Old] to $[New] on [Date];
 b. Physical placement schedule was modified on [Date];
 c. Health-care cost allocation shifted on [Date]; and
 d. Any other material factors [describe].
4.3 No prior motions to modify child support are presently pending before this Court.

5. GOVERNING LEGAL STANDARDS

5.1 Statutory Authority. Child-support orders may be revised upon a showing of a substantial change in circumstances. Wis. Stat. § 767.59(1f)(a).
5.2 Presumptive Guidelines. Unless rebutted, child support is calculated under Wis. Stat. § 767.511 and DCF 150, using the percentage-of-income standard:
 • 17% for one child
 • 25% for two children
 • 29% for three children
 • 31% for four children
 • 34% for five or more children
5.3 Mandatory Review. If the requested modification would result in a 15% and $50 per month change from the Current Order, review is mandatory. Wis. Stat. § 767.59(1f)(c)2.
5.4 Enforcement. Revised orders are subject to immediate income withholding per Wis. Stat. § 767.75.

6. ALLEGATIONS CONSTITUTING A SUBSTANTIAL CHANGE

Petitioner alleges:
6.1 On [Date], [Payer] involuntarily lost employment and now earns $[New Gross]/[period], representing a [XX]% decrease.
6.2 [Recipient]’s income has increased to $[Amount], altering the parties’ combined gross income.
6.3 The child(ren)’s health-insurance premiums increased from $[Old] to $[New].
6.4 Physical placement shifted from a [X]/[Y] schedule to a shared-placement schedule of [describe], affecting the child-support percentage standard.
6.5 These changes collectively meet or exceed the statutory threshold in Wis. Stat. § 767.59(1f)(c)2 and justify modification.

7. REVISED CHILD-SUPPORT CALCULATION

7.1 Income Summary.
 a. [Obligor] Gross Monthly Income ……………… $[Amount]
 b. [Obligee] Gross Monthly Income ……………… $[Amount]
7.2 Applicable Percentage Standard. [___] % (see § 5.2 above).
7.3 Preliminary Support Figure. $[Amount] × [___]% = $[Amount].
7.4 Placement Adjustment. Because the child(ren) reside(s) with [Obligor] [___]% of overnights, an adjustment under DCF 150.04(2) yields $[Adjusted Amount].
7.5 Health-Care & Variable Costs. Add $[Insurance] (health premium) + $[Variable] (variable costs) apportioned [X]%/[Y]% per parties’ incomes.
7.6 Modified Support Amount Requested. $[Final Amount] per [week/bi-week/month], effective the first full pay period after entry of the amended order.

8. ENFORCEMENT MECHANISMS

8.1 Income Withholding. Issue an immediate wage assignment under Wis. Stat. § 767.75 directing [Obligor]’s employer, [Employer Name], to withhold the Modified Support Amount plus statutory fees.
8.2 Automatic Payment Adjustment. The wage-assignment order shall automatically adjust to reflect any future cost-of-living modifications ordered by the Court.
8.3 Arrears Handling. Any arrearages that accrue prior to entry of the modified order shall be calculated and incorporated into the withholding notice at [___]% of current support until paid in full.
8.4 No Indemnification. Given the public-policy nature of child support, no indemnification provisions apply.

9. PRAYER FOR RELIEF

Petitioner respectfully requests that the Court enter an Order that:
A. Finds a substantial change in circumstances under Wis. Stat. § 767.59;
B. Vacates the Current Order as to child support only;
C. Sets child support at $[Final Amount] per [frequency] effective [Effective Date];
D. Orders immediate income withholding pursuant to Wis. Stat. § 767.75;
E. Allocates health-insurance premiums and variable expenses as set forth in Section 7;
F. Addresses any arrearages and interest consistent with Wis. Stat. § 767.511(6);
G. Awards statutory costs and reasonable attorney’s fees to Petitioner; and
H. Grants such other and further relief as the Court deems just and equitable.

10. VERIFICATION

I, [Petitioner Name], being first duly sworn, state under penalty of perjury that I have read the foregoing Petition, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.

Date: ______________

__________________________________
[Petitioner Name], Petitioner

Subscribed and sworn before me this ___ day of ___________, 20__.

__________________________________
Notary Public, State of Wisconsin
My commission expires: _____________

11. SIGNATURE BLOCK

Respectfully submitted,

[Law Firm Name]

By: ________________________________
[Attorney Name], State Bar No. [#####]
[Street Address]
[City], Wisconsin [ZIP]
Tel: ([###]) ###-#### | Fax: ([###]) ###-####
Email: [Attorney Email]

Attorney for Petitioner

EXHIBITS

• Exhibit A – Wisconsin Child Support Worksheet (DCF-W-150E)
• Exhibit B – Financial Disclosure Statement (Form FA-4139V)
• Exhibit C – Proposed Order to Modify Child Support

END OF DOCUMENT