Modification / Changing a Court Order
The information contained on this web page is provided as a courtesy to members of the public, and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at800-362-9082 for additional assistance.
There are two ways to change (modify) an order/judgment in a family or paternity action depending on whether the parties are in agreement with the changes to the court order.
- Pro Se Stipulation and Order- A stipulation is a formal written agreement that allows the parties to change the court order/judgment concerning legal custody, physical placement, child support, maintenance, or any other aspect of a court order/judgment without scheduling a court hearing.
- Both parties must agree to the changes being made to the court order and sign the stipulation.
- If parties are changing an order for child support and/or health insurance, the Oconto County Child Support Agency must review and sign the stipulation.
- If there is an active appointment of a Guardian ad Litem (GAL) assigned to the case, the GAL must also review and sign the stipulation.
- Schedule a court hearing- When parties cannot agree to the changes (modifications) of an order/judgment that is currently in place, a court hearing is required.
- One of the parties may make a formal written request (motion) to the Court to make a decision as to whether the order/judgment is to be changed.
- At the court hearing, the parties are given an opportunity to provide a legal argument and present their side of the story.
- Depending on the type of request and arguments presented, the Court may make a decision at the court hearing or may require additional action be taken by the parties which may include additional court appearances.