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Order To Show Cause And Affidavit For Temporary Order With Minor Children FA-4128 - Wisconsin
| Order To Show Cause And Affidavit For Temporary Order With Minor Children Form. This is a Wisconsin form and can be used in Family Court Circuit Court Statewide . |
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FORM SUMMARY Name of Form: Order to Show Cause and Affidavit for Temporary Order With Minor Children FA-4128V §§767.117, 767.127, and 767.225, Wisconsin Statutes Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: This form allows a party in an action for divorce or legal separation in which there are minor children to request a hearing before the court to have an order entered that would resolve various issues such as asset allocation, debt payments, child custody and support, maintenance payments, and similar matters while the case is pending. It would be used when the parties are unable to reach an agreement on such issues. The party seeking the hearing would complete the caption and sign the affidavit section on page 3. After signing the affidavit, the signor would seek out a notary public, be sworn, and sign the affidavit under oath. The notary public would complete the notarial section. The party would then take the document to the court to have the court complete the date, time, place of the hearing and the name of the presiding court official. Original will be filed with the court. Authenticated copy would be served on the other party. Although none are necessarily required, there may be schedules attached listing property, debts, or other information that doesn't fit on the form. Financial disclosure statements may also be attached as needed. Modification; last update 10/06. Added more descriptive instructions and lines after "other specific relief I believe appropriate as follows:" and further ordered statement regarding completion of FDS. None This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modification: Comments: About this Form: As a pro se form, its use is NOT mandatory but it is required to be accepted and distributed by the circuit courts of the State of Wisconsin. Date: 01/17/2008 Page 1 American LegalNet, Inc. www.FormsWorkflow.com PRINT in BLACK ink Enter the name of the county in which you are filing this case. STATE OF WISCONSIN, CIRCUIT COURT, For Official Use COUNTY Enter the name and address of the petitioner. If joint petitioners, enter the name of the wife. In RE: The marriage of: Petitioner/Joint Petitioner-Wife: First name Middle name Last name Address Address Order to Show Cause and Affidavit for Temporary Order With Minor Children State Zip City Enter the name and address of the respondent. If joint petitioners, enter the name of the husband. and Respondent/Joint Petitioner-Husband: Divorce-40101 Legal Separation-40201 First name Middle name Last name Case No. Check divorce or legal separation. Address Address Enter the case number, if known. If unknown, leave blank. City State Zip ORDER TO SHOW CAUSE Based on the attached Affidavit and Request for Hearing for Temporary Order, IT IS ORDERED that the parties Show Cause, In Person: Before: Circuit Court Judge or Circuit Court Commissioner For Court Use Only: The clerk will complete this section. Location: Date: Time: a.m./p.m. or as soon as the matter may be heard, why a temporary order should not be entered for the relief requested in the attached affidavit. PENDING FURTHER COURT ORDER or written stipulation of the parties, neither party shall engage in any activity that negatively affects the health, safety or welfare of either party or minor children including but not limited to: FA-4128V, 04/08 Order to Show Cause and Affidavit for Temporary Order-With Minor Children Page 1 of 3 §§767.117, 767.225 and 767.127, Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material. Order to Show Cause and Affidavit for Temporary Order-With Minor Children Page 2 of 3 Case No. _______________ Both parties are restrained from harassing, intimidating, physically abusing, or imposing any restraint on the personal liberty of the other party, the other party's employer, or the minor children of the parties. Both parties are prohibited from going upon the premises occupied by the other as a residence, except for purposes of a change in the physical placement of the minor children. Both parties are restrained from concealing the minor children of the parties from the other party and from removing the minor children from the state of Wisconsin during periods of physical placement for longer than 96 hours, without permission of the court or written consent of both parties. Both parties are restrained from making any further debts against the credit of the other party. Further, unless otherwise ordered, any debt incurred after the date of this order is the sole responsibility of the party incurring the debt. Both parties are restrained from disconnecting any utility service or causing any other essential services of the residence of either party to be disconnected. Both parties shall maintain all current beneficiaries on all life, medical, hospital, automobile, household or other insurances and in any current wills while this action is pending. IT IS FURTHER ORDERED that both parties bring to this hearing a completed Financial Disclosure Statement. Check your spouse and check the State if you are currently receiving public assistance. Check other if there is another party(s) to the action, and enter the party's name(s). IT IS FURTHER ORDERED that a copy of this order, together with the supporting papers, be served in person at least 5 business days before the time of this hearing, upon the: Wife Husband State of Wisconsin through the county child support agency Other: Failure to appear as ordered may result in the issuance of a warrant directing the Sheriff to arrest you and bring you to court. Failure to appear will not stop the court from proceeding with the hearing and making the orders requested by your spouse. Parties are encouraged to arrive early and determine if any issues can be resolved before the hearing. BY THE COURT: For Court Use Only Circuit Court Judge/Circuit Court Commissioner Print or Type Name Date FA-4128V, 04/08 Order to Show Cause and Affidavit for Temporary Order-With Minor Children Page 2 of 3 §§767.117, 767.225 and 767.127, Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material. Order to Show Cause and Affidavit for Temporary Order-With Mino
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