This form is a generic pleading and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Wisconsin Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult Introduction: In Wisconsin, individuals who have experienced interference with visitation rights and whose child has reached adulthood may file a petition to modify or amend their divorce decree. This legal process allows parents to request the termination or modification of child support obligations based on changes in circumstances. Types of Wisconsin Petition to Modify or Amend Divorce Decree Stopping Child Support: 1. Petition to Terminate Child Support: When a child reaches adulthood, typically at the age of 18 in Wisconsin, parents may seek to terminate ongoing child support payments. If the respondent has been consistently and unreasonably sabotaging the petitioner's visitation rights, it may serve as substantial grounds to support the termination of child support obligations. 2. Petition to Modify Child Support: If the petitioner believes that the respondent interfered with their visitation rights during the child's upbringing, but does not wish to stop child support, they can file a petition to modify the current child support order. This petition seeks an adjustment in the amount or terms of the child support obligation, reflecting the respondent's interference and the child's attainment of adulthood. 3. Petition to Adjust Visitation Rights: While the primary focus of this petition is to cease child support payments, it is also possible to request a modification in visitation rights alongside it. If the respondent's interference has impacted the parent-child relationship adversely, the petitioner may seek an adjustment in visitation terms to ensure a more equitable and fulfilling relationship with their adult child. Procedure and Grounds for Filing: To initiate the Wisconsin petition to modify or amend a divorce decree to stop child support on the grounds of visitation rights interference, the following steps should be followed: 1. Gathering Evidence: The petitioner should accumulate evidence of documented instances where the respondent interfered with visitation, such as missed or canceled visits, withheld communication, or witness testimonies that support these claims. These pieces of evidence are vital in establishing the grounds for modifying or terminating child support obligations. 2. Completing Required Forms: The petitioner must complete relevant forms specific to their county, such as the Petition to Modify or Terminate Child Support or the Petition to Adjust Visitation Rights form. These forms typically require information about the parties involved, the child, and details pertaining to visitation interference. 3. Filing the Petition: The completed petition forms, along with any supporting evidence, should be submitted to the family court clerk's office in the county where the original divorce decree was issued. The petitioner may need to pay a filing fee at this stage. 4. Serving the Respondent: Upon filing, the petitioner must ensure the respondent receives a copy of the petition and supporting documents through proper service methods. This notifies the respondent of the pending proceedings and gives them an opportunity to respond. 5. Attending Court Hearings: Both the petitioner and respondent will be required to attend court hearings to present their respective cases. The judge will review the evidence and arguments presented, allowing both parties to present their positions and provide any further supporting evidence. Conclusion: In cases where visitation rights have been consistently interfered with and the child has become an adult, a Wisconsin petition to modify or amend a divorce decree provides an avenue to cease or adjust child support obligations. By properly documenting and presenting the interference, petitioners can seek resolution through the family court system, ensuring the best interests of the child and fair outcomes for both parents.
Title: Wisconsin Petition to Modify or Amend Divorce Decree Stopping Child Support on the Grounds that Respondent Interfered with Visitation Rights and Child is Now an Adult Introduction: In Wisconsin, individuals who have experienced interference with visitation rights and whose child has reached adulthood may file a petition to modify or amend their divorce decree. This legal process allows parents to request the termination or modification of child support obligations based on changes in circumstances. Types of Wisconsin Petition to Modify or Amend Divorce Decree Stopping Child Support: 1. Petition to Terminate Child Support: When a child reaches adulthood, typically at the age of 18 in Wisconsin, parents may seek to terminate ongoing child support payments. If the respondent has been consistently and unreasonably sabotaging the petitioner's visitation rights, it may serve as substantial grounds to support the termination of child support obligations. 2. Petition to Modify Child Support: If the petitioner believes that the respondent interfered with their visitation rights during the child's upbringing, but does not wish to stop child support, they can file a petition to modify the current child support order. This petition seeks an adjustment in the amount or terms of the child support obligation, reflecting the respondent's interference and the child's attainment of adulthood. 3. Petition to Adjust Visitation Rights: While the primary focus of this petition is to cease child support payments, it is also possible to request a modification in visitation rights alongside it. If the respondent's interference has impacted the parent-child relationship adversely, the petitioner may seek an adjustment in visitation terms to ensure a more equitable and fulfilling relationship with their adult child. Procedure and Grounds for Filing: To initiate the Wisconsin petition to modify or amend a divorce decree to stop child support on the grounds of visitation rights interference, the following steps should be followed: 1. Gathering Evidence: The petitioner should accumulate evidence of documented instances where the respondent interfered with visitation, such as missed or canceled visits, withheld communication, or witness testimonies that support these claims. These pieces of evidence are vital in establishing the grounds for modifying or terminating child support obligations. 2. Completing Required Forms: The petitioner must complete relevant forms specific to their county, such as the Petition to Modify or Terminate Child Support or the Petition to Adjust Visitation Rights form. These forms typically require information about the parties involved, the child, and details pertaining to visitation interference. 3. Filing the Petition: The completed petition forms, along with any supporting evidence, should be submitted to the family court clerk's office in the county where the original divorce decree was issued. The petitioner may need to pay a filing fee at this stage. 4. Serving the Respondent: Upon filing, the petitioner must ensure the respondent receives a copy of the petition and supporting documents through proper service methods. This notifies the respondent of the pending proceedings and gives them an opportunity to respond. 5. Attending Court Hearings: Both the petitioner and respondent will be required to attend court hearings to present their respective cases. The judge will review the evidence and arguments presented, allowing both parties to present their positions and provide any further supporting evidence. Conclusion: In cases where visitation rights have been consistently interfered with and the child has become an adult, a Wisconsin petition to modify or amend a divorce decree provides an avenue to cease or adjust child support obligations. By properly documenting and presenting the interference, petitioners can seek resolution through the family court system, ensuring the best interests of the child and fair outcomes for both parents.
