Order to Show Cause to Change

Order to Show Cause and to Change

This document may be used to order another party to appear in court to justify why the requested change contained within the order should not be granted. Requests to change generally include issues concerning legal custody, physical placement, child support, maintenance, or any other aspect of a court order/judgment.

The Order to Show Cause and to Change must be signed by a Circuit Court Judge/Court Commissioner.

An affidavit must accompany the Order to Show Cause to change. The party filing the motion must sign the affidavit before a notary public.

Fees

$30.00 filing fee if modifying child support, maintenance, arrears, other

$50.00 filing fee if modifying legal custody and/or physical placement

Services fees

Determined by Sheriff’s Dept./Process Server

An individual can petition the Court to Waive Court Fees and Costs (PDF).

Forms and Instructions

Pro se family forms and instructions are available at the Wisconsin Court Systems Website.

Form FA-4171VA (PDF) Affidavit to Show Cause and to Change: Custody/Placement/Child Support Maintenance

  • The petitioning party is to complete the document and sign on the last page before a notary public.
  • The caption (top section of page 1 with parties’ names, addresses, case number, and check appropriate box(es) as to the orders being changed) shall remain the same as the original case filing document (i.e. summons, joint-petition).

Form FA-4171VB (PDF) Order to Show Cause and to Change: Custody/Placement Support/Maintenance

  • The petitioning party is to complete the appropriate sections of the document.
  • The caption (top section of page 1 with parties’ names, addresses, case number, and check appropriate box(es) as to the orders being changed) shall remain the same as the original case filing document (i.e. summons, joint-petition).

Form FA-4138V (PDF) Income and Expense Statement

  • Each party is to complete this form if a financial obligation (i.e. child support, maintenance, tax exemption) is requesting to be changed.
    • The caption (top section of page 1 with parties’ names, addresses, case number, and check appropriate box(es) as to the orders being changed) shall remain the same as the original case filing document (i.e. summons, joint-petition).
  • The petitioning party is to include a blank form for the opposing party to complete with the authenticated copy of the Affidavit and Order to Show Cause and to Change for service.

Filing Instructions

Bring the completed forms to the Oconto County Family Court Commissioner’s Office, 301 Washington Street, Building C – Rm 1174, Oconto, WI to obtain a hearing date.

Once the hearing date is scheduled, bring the document to the Oconto County Clerk of Courts, 301 Washington Street, Building C – Rm 1217, Oconto, WI for filing.

  • Filing fee is required unless approval to waive the filing fees is granted. Cash, checks, money orders, debit and credit cards are accepted. An additional service fee is charged when paying with a debit or credit card.

The Clerk of Courts office will file the original document and return three (3) authenticated copies to you.

  • Keep one authenticated copy for your records.
  • One copy is to be served on the other party with a blank copy of the Income and Expenses Statement, if necessary.
  • The Sheriff’s Department/Process Server may require a copy of their records.

Service Instructions

“Service” and “service of process” are legal terms used to describe the act of giving notice of a lawsuit or court hearing to another person. There are several different methods and very specific time limits by which you must have the other party served. The type of service you are required to use depends on the type of action you are filing.

Form Name & Number
Type of Service Required
Service Time Limits
Order to Show Cause & Affidavit (Post Judgment) (Forms FA-4171VA (PDF) & FA-4171VB (PDF))
Personal
Not less than 5 business days before the date of the hearing


View additional information regarding serving documents to the opposing party.

Preparing and Going to Court

Bring the following items with you to the court hearing:

  • Proof of Service
  • Completed Income and Expense Statement, if necessary
  • Three copies of any documentation you think may help your make your case to the court
  • Individuals to testify on your behalf. A letter, affidavit, email or text from them may not be acceptable.

Please do not bring children to the court hearing.

Check in with the Family Court Commissioner’s Office Room 1174 at least 5 minutes before the scheduled court time. Parties are expected to be on time.

Present your case to the Court

  • Be prepared to state your side of each issue clearly and completely.
  • Be prepared to answer questions that may be asked of you by the Court or others.
  • Be prepared to submit the completed Income and Expense Statement to the Court if a revision of financial orders is being requested.

Be prepared to provide evidence. Make two (2) additional copies of any exhibits you are intending to submit to the Court. The Court will keep the original exhibit. One copy is for the opposing party and the other copy is for yourself.

Courteousness and proper decorum is required at all court appearances.