Month: July 2017

Can I Make Changes to My Wisconsin Divorce Decree?

The family law attorneys of Jane Probst Law Offices, S.C., can assist you if you need help modifying any part of your Wisconsin divorce decree.

Can Child or Spousal Support Be Modified?

If your ex-spouse pays child support and their income has increased, you may be able to petition the court to increase spousal and child support. On the other hand, if you are the payer of support and have lost your job or your pay has been substantially reduced, you may be able to decrease what you owe. Keep in mind that the Court can only modify support back to the date the other party received notice of the Motion to modify support, not the change in income, so it is important to file promptly if there are changes in your circumstances.

Modifications to Marital Property Division

With the possible exception of fraud or failure to disclose assets at the time of the initial decree, modifying property division is not permitted.

Modifying Wisconsin Child Custody and Placement Orders

More immediate changes may be made to child custody and placement arrangements if there has been a significant change in circumstances such as:

  • your ex-spouse is not following through on child custody and visitation arrangements and you need help enforcing the decree
  • a move to a new location makes the current custody and placement (visitation) arrangement infeasible
  • situations where the child’s safety and well-being are in question including a parent’s chemical dependency or criminal activity

Contact an Experienced Waukesha and Milwaukee Divorce Decree Lawyer for Help

If you have questions regarding changes to a Wisconsin divorce decree or the post judgement modifications in a divorce, contact the Waukesha and Milwaukee area Family Law Attorneys of Jane Probst Law Offices, S.C., for more information at 414-210-3135.

Parental Rights in Cases of Substance Abuse

Sad LadyChild Custody Determinations When a Spouse Abuses Drugs or Alcohol

Unfortunately, many Americans suffer from addiction to drugs and alcohol. Substance abusers can create serious problems within their own families. In many marriages, drug and alcohol abuse is the primary factor in the divorce.

When a parent has a history of drug and alcohol abuse, child custody and visitation arrangements will require careful consideration. If your spouse has a history of abusing drugs or alcohol, you may feel strongly that he or she cannot provide adequate supervision or model appropriate behavior for your children following a divorce.

If you have concerns, it is important to discuss your options with an experienced child custody lawyer. Typically, the matter will boil down to what is in the best interests of your children.

Loss of Parental Rights in Cases of Substance Abuse

In cases where there is a preponderance of evidence that a parent is engaged in conduct which may potentially endanger a child’s mental, moral, or physical health, or impair a child’s emotional development, the court will enter orders to protect the child, which can include protection from harm caused by a parent addicted to drugs or alcohol.

These orders may include necessary reductions and adjustments to custody and visitation arrangements. They may include a restraining order to limit a parent’s communication or proximity to the children and the other parent or order supervised visits between your ex-spouse and the children.

Parents struggling with drug or alcohol addiction may be required to complete a treatment program and will likely be directed to abstain from being under the influence of, possessing or consuming alcohol or drugs in the presence of their children if they are granted custody or visitation.

Contact Our Experienced Waukesha Child Custody Lawyers

If you are considering divorce and are concerned about parental rights in cases of substance abuse and the custody or visitation of your children, contact the Waukesha and Milwaukee metro child custody and visitation attorneys of Probst Law Offices, S.C. for help today at 414-210-3135.