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Notice Of Motion And Motion To Change FA-4170 - Wisconsin
| Notice Of Motion And Motion To Change 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: Notice of Motion and Motion to: (Change Legal Custody, Physical Placement, Child Support, Maintenance, and/or Other) FA-4170V §§767.105, 767.451 and 767.59, Wisconsin Statutes Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: This form may be used to give notice to another party that a request is being made and a hearing will be held to change a current order concerning legal custody, physical placement, or child support of a minor child, as well as to change maintenance or any other aspect of a court order. Party seeking the change in the current order. Original to Clerk of Court, Copies for service on all of the other parties. Generally the form may be the only document needed. However if the form's instructions indicate a supporting document is needed (such as placement schedules or additional documentation), those document(s) should be attached. Modification; last update 01/09. New rule which took effect Jan. 1, 2010 to DCF 150, the Percentage of Income Standard which creates requirements for establishing medical support orders. Under the new rules, a parent who has insurance coverage available that means certain defined criteria must carry that coverage and the other parent may be ordered to contribute to the cost of that coverage. That contribution would be in the form of an upward or downward deviation in the child support amount dependent on which parent is the court ordered payee. 1. The party seeking the change could alternatively use an Order to Show Cause (FA-4171) to accomplish the same end. The basic differences between the two are who signs it and how is service made on the other party. An order to show cause must be signed by a court official while the notice and motion may be signed by the party. An order to show cause must be personally served on the other party; a notice can be served by other means as well. The reason there are two forms is that the statutes provide that the request can be brought either by "motion" or "order to show cause." 2. If the parties can stipulate or agree to a change in the type of matters covered by this motion, the parties may use FA-604 to do so without the need for a hearing. Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modification: Comments: About this Form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office. 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. Approval Date: 02/11/2010 Release Date: 09/20/2010 Posted Date: 09/22/2010 Page 1 American LegalNet, Inc. www.FormsWorkFlow.com PRINT in BLACK ink Enter the name of the county in which the original case was filed. Check marriage or paternity. If paternity, enter initials of child. STATE OF WISCONSIN, CIRCUIT COURT, For Official Use COUNTY In RE: The marriage paternity of Petitioner/Joint Petitioner: First name Middle name Last name Enter the name, address and daytime phone number of the petitioner or joint petitioner from the original case file. On the far right, mark the box for the change(s) you are requesting and enter the original case number. Current Mailing Address City State Zip Daytime Phone Number vs. Enter the name, address, and daytime phone number of the respondent or joint petitioner from the original case file. Respondent/Joint Petitioner: First name Middle name Last name Notice of Motion and Motion to Change: Legal Custody Physical Placement Child Support Maintenance Other: Current Mailing Address Check if the State of Wisconsin is a party or not. If you are unsure, you may call your local Child Support Agency. City State Zip Daytime Phone Number The State of Wisconsin (Child Support Agency) is is not a party to this action. Case No. NOTICE OF MOTION Enter the name of the person to whom this motion is directed. TO You are notified that at the following date and time: Before For Court Use Only: This section will be completed by the court. Location Date Time a.m./p.m. , or as soon as the matter may be heard. I will be asking the court to change the existing order in this case as indicated below. If you object to this motion, you need to appear and say so. Otherwise, the court may proceed without you and grant the request. You may contact the Circuit Court Commissioner for more information on modifying and enforcing court orders or judgments. FA-4170V, 02/10 Notice of Motion and Motion to Change: Custody/Physical Placement/Support/Maintenance Page 1 of 3 §§767.105, 767.451, and 767.59, Wisconsin Statutes This form shall not be modified, It may be supplemented with additional material. American LegalNet, Inc. www.FormsWorkFlow.com Notice of Motion and Motion to Change: Custody/Physical Placement/Support/Maintenance Page 2 of 3 Case No. __________ MOTION Check A if you are requesting a change to physical placement, list the children affected, check 1-4 and/or 5 and/or 6 and complete the necessary information. Indicate if you have or have not attempted Mediation. If you have, indicate the date of the Mediation session. 1. Modify as follows: A. Physical Placement Order(s) (time with children) for the following children: 1. from primary physical placement with (Name of Parent) to primary placement with (Name of Parent) from shared placement to primary placement with (Name of Parent) 2. from primary placement to shared placement. 3. from the current shared placement schedule (if any) to a new shared placement 4. schedule. The requested placement schedule for the changes in 1-4 above is as follows: See attached 5. 6. to require placement with (Name of Parent) unsupervised. supervised. be Other: The other party and I Check B if you are requesting a change to legal custody, list the children affected, check 1, 2, or 3 and complete the necessary information. Check C if you are requesting changes to support orders. Check 1 if you are requesting changes to child support, enter the amount and frequency of the current payment and check whether it includes a deviation for health insurance. In b, check 1, 2, or 3. Check A or B, indicate deviation information. attempted mediation on (Date) have not attempted mediation for this issue. See attached . B. Legal Custody (decision making) for the following children: 1. 2. 3. to joint legal custody with both parents. to sole legal custody with (Name of Parent) Other: Check all that ap
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