Sometimes circumstances change after your divorce or other agreement. In some circumstances the law allows you to go back into court and ask that the original agreement be revised or modified. Our experienced Green Bay Family Law attorneys at Brabazon Law Office can help you determine whether your situation would allow for you to make such a request. Our attorneys can also help you determine if there are risks associated in going back to court, risks you may not be aware of.
If you feel that your situation has changed and that the divorce judgment or other family law related judgment no longer fits your situation, contact one of the experienced family law attorneys at Brabazon Law Office and find out how we can work with you to get the best possible resolution. It is important that you find someone to help represent and guide you through this process that has a track history of results and that is exactly what you’ll get when you work with the Green Bay family law attorneys at Brabazon Law Office.
When a parent receiving child support is having difficulty or not receiving the support ordered by the Court, that parent may seek to enforce a judgment for child support through the local county child support enforcement agency.
Where the paying parent is behind on their child support payments, arrearages can be obtained by income withholding, interception of state and federal tax refunds, interception of unemployment insurance payments, collection by a collection agency, or liens on personal assets or property. There are additional administrative remedies available to collect child support payments. Such remedies may include property seizure and driver’s license suspension or revocation.
To determine whether child support can be enforced an in which manner, contact one of our family law attorneys at Brabazon Law Office.
There are occasions where the parties to a divorce decide to reconcile after their divorce has been finalized. There are manners in which divorced parties can essentially “undo” a divorce. A divorce judgment can be “vacated” if the parties reconcile within six months of the divorce. When a divorce judgment is vacated, the parties return to their prior marital status. The parties do not have to remarry.
If more than six months has passed since the divorce judgment, the parties will have to remarry. Once they have remarried, the parties can apply for a “revocation of judgment.” Such a revocation will not affect the rights of third parties and there is additional paperwork that must be completed where either party was the recipient of certain types of state aid.
In either situation, the parties must provide the court with specific documents and then proceed with a hearing, which will likely take place before a court commissioner. For more information regarding the required forms and paperwork, contact one of the experienced family law attorneys at Brabazon Law Office.
Divorce and other family law judgments can be modified under the appropriate circumstances. Types of judgments that can be modified include child support orders, family support orders, as well as custody and placement orders. However, property division or a judgment waiving maintenance cannot be revised or modified.
Where there has been a “substantial change in circumstances” a party may motion the court for a revision of the judgment. Determining what type of change in circumstances qualifies as “substantial” can be difficult. There are many factors to be considered with respect to the modification of a child support order. One of the family law attorneys at Brabazon Law Office can advise you and assist you in determining whether a judgment modification is appropriate in your situation.
There are circumstances where a party seeks relief from a judgment. Such relief does not require a substantial change in circumstances as is the case with a revision of judgment.
Relief from an order regarding property division is difficult. However, a party can file a motion to reopen the property division portion of a judgment if it is within one year of the judgment and the original property division was based on the adverse party’s mistake or fraud. Extraordinary circumstances are required to reopen a judgment. The following is a list of some of the reasons a person may request relief from a judgment:
• Mistake, inadvertence, surprise, or excusable neglect;
• Newly discovered evidence;
• Fraud, misrepresentation, or other misconduct of an adverse party;
• The reversal or vacation of a prior judgment on which the
current judgment is based; and
• It is no longer equitable that the judgment continues to be applicable.
There are additional circumstances under which a Court may determine that relief from a judgment is appropriate. To find out whether your situation may qualify for relief from judgment, contact one of the family law attorneys at Brabazon Law Office.
Where there is a physical placement order and one of the parties is denying or substantially interfering with the other party’s periods of physical placement, the parent whose placement has been interfered with may petition the court for enforcement of the physical placement order.
If the Court makes a finding that the responding party has intentionally and unreasonably denied or substantially interfered with the other party’s periods of physical placement, the following are actions the Court may take:
• Impose additional placement periods to replace those
denied or interfered with;
• Impose a monetary award to cover the cost of attorney
fees and bringing the matter to court;
• Issue an order with a specific placement schedule if not
already set forth in the original order;
• Hold the responding party in contempt of court; or
• Grant an injunction ordering the responding party to comply
with the placement order.
Contact Brabazon Law Office to speak with an experienced Wisconsin family law attorney who can assist you in modifying and enforcing divorce and other family law judgments.
Our Wisconsin collection lawyers practice not just in the Green Bay, Brown County area. Our experienced collection lawyer will aggressively represent your interests in any county throughout the Fox Valley and Northeastern Wisconsin. We have experience practicing Wisconsin collection law in De Pere, Appleton, Oshkosh, Fond du Lac, Sheboygan, Manitowoc, Kewaunee, Marinette, Sturgeon Bay, Neenah, Menasha, Shawano, Waupaca and Wausau.
When you need a law firm that understands what you are going through when you are trying to resolve your collections or judgments case, visit or contact us at Brabazon Law Office to schedule a consultation with a Brabazon Green Bay collection lawyer by calling today at 1-800-596-0691 or using our contact form.