The Wisconsin FA-604 form is a legal document used to request changes to legal custody, physical placement, child support, maintenance, and other family support arrangements in the state of Wisconsin. It is filled out and submitted to the circuit court in the county where the original case was filed. The form requires detailed information about both parties involved, including names, addresses, and phone numbers, as well as specifics about the changes being requested and the reasons behind them.
In the realm of family law within Wisconsin, the FA-604 form serves as a critical instrument, facilitating modifications to custody, physical placement, support, or maintenance orders previously established by the court. This document is meticulously structured to address myriad changes that could arise post-judgment, reflecting shifts in living arrangements, financial circumstances, or the needs of children involved. Petitioners and respondents alike are required to provide comprehensive personal information, alongside detailing the nature of the requested alterations, be it a change in legal custody, adjustments in child or family support, addressing arrears or recalibrating the financial contributions towards children's healthcare. Furthermore, the form obliges parties to substantiate the basis for these proposed changes, grounded on substantial shifts in circumstances that validate a deviation from the original order. Embedded within its procedural framework is a mechanism that ensures any modification aligns with statutory guidelines, particularly emphasizing the welfare of the children and the fairness towards both parents. This underscores the form's utility not merely as a bureaucratic requirement but as a pivotal tool in upholding the dynamic and evolving nature of family interests within Wisconsin’s judicial system.
Enter the name of the
STATE OF WISCONSIN, CIRCUIT COURT,
county in which the
COUNTY
original case was filed.
Mark marriage or
paternity. If paternity,
In RE: The
marriage
paternity of
enter initials of child.
Enter the name, address,
Petitioner/Joint Petitioner:
and daytime phone
number of the petitioner
First name
Middle name
Last name
or joint petitioner from
the original case file.
Current Mailing Address
On the far right, mark
the box for the change(s)
City
State
Zip
Daytime phone number
you are requesting and
vs.
enter the original case
number.
FOR OFFICIAL USE
Stipulation and
Order to Change:
Legal Custody
Enter the name, address, and daytime phone number of the respondent or joint petitioner from the original case file.
Mark if the State of Wisconsin is a party or not. If you are unsure, you may call your local Child Support Agency.
Respondent/Joint Petitioner:
The State of Wisconsin (Child Support Agency)
is
is not a party to this action.
Physical Placement
Child Support
Maintenance
Family Support
Arrears Balances
Other:
Case No.
In 1A and B, complete the gross income (before taxes) for both parties.
In C, enter the number of children subject to child support.
In D, check 1 or 2 to indicate if private health insurance is available. If 2, indicate who provides the insurance and how much it costs.
In 2, check all that apply in A-I. If I. enter the change in circumstance that has prompted you to make this agreement.
Findings/Basis: The parties agree that the requested changes are based on the following facts:
1.Current Income and Other Information
A. Wife/Mother
Gross monthly income $
Employer
B. Husband/Father
C. Parties have
children subject to the child support standard.
D. Health insurance for the children.
1.
A comprehensive private health insurance policy is not available to either parent at a
reasonable cost and/or neither parent’s income is currently more than 150% of the
federal poverty level.
2.
provides health insurance at the cost of $
per
.
2.Basis for Change
This agreement is based on the following substantial change in circumstance(s) that have occurred since the entry of the prior court order in this case:
A.
a child who was living with
is now living with
B.
a child is no longer eligible for child support because the child has reached age 18, or is
over 18 but under 19, and is no longer pursuing a course of education leading to a high
school diploma or its equivalent.
C.
one of the parties has or will be moving to a different residence.
D.
there was not a placement schedule and the parties could not agree.
E.
the availability or cost of health insurance has changed.
F.
employment or work shift of
both parties has changed.
G.
income or wages of
H.
the party to whom maintenance is owed has remarried.
I.
See attached
FA-604, 02/10 Stipulation and Order to Change: Custody/Physical Placement/Support/Maintenance
§§767.451, 767.461, 767.59, and 767.89, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 5
Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 2 of 5
______________
If you are modifying financial orders, check
1.Complete all sections you are changing in 1A- 1H.
If you are changing child support, check 1.A. In 1, enter the current child support order and check a or b. If b, check 1 or 2 and complete as required.
In 2, check the standard calculation that applies to the specifics of this case after considering the gross income of the parties, other payment obligations of the parties, and physical placement of the children.
Enter support amount based on standard calculation, frequency of payment and which party is paying. Check a or b. If b, check 1 or
2.If 2, explain and indicate the new child support amount based on the deviation.
If you are changing any category in B-G, check the type of support you are changing.
In 1, enter the current order by indicating the current support amount, the frequency of payment, and the name of party who currently pays or owes the money.
In 2, indicate the month, day and year the new payment should begin and what you have agreed to change the support amount to by checking a or b. If b, enter the amount of the order, the frequency of the payment, and indicate which parent will be making the payments.
Agreements: The parties agree that the judgment or order in this case should be changed as follows, and that the court may enter this stipulation as an order without a court hearing.
1. Modify Current Financial Order(s) A. Child Support
1. Is currently
held open ($0)
$
% per
. The
amount is paid by
to
. This
child support order
a. did not deviate from the percentage standard for any reason.
b. did deviate from the percentage standard when it was set because:
The cost of health insurance paid by
2. Other reasons as follows:
2.Shall be changed to a new amount that is based on the gross income above and the following percentage of income standard:
17% for one child.
*split-placement formula.
25% for two children.
*shared-placement formula.
29% for three children.
**serial-family parent formula.
31% for four children.
low-income payer formula.
34% for five or more children
high-income payer formula.
*Shared-placement or Split-placement:
Describe or attach the placement percentage of time with each parent.
**Serial-family parent:
Describe or attach the calculation.
Based on this standard, the support order in this case would be $
and paid by
We agree to
a.
set support based on this standard beginning
, 20
b.
deviate from the amount of support calculated above because:
A cash medical contribution toward the cost of medical and health expenses
increases decreases this child support amount by $
Other (explain the reason you agree support should be different than the standard amount)
This other deviation increases decreases the standard amount by
$.
After calculating the deviation(s), we agree to set child support to $
beginning
That is currently
$0
and paid
by (Name)
Shall be changed to the following beginning
$0.
and paid by (Name)
%
Page 2 of 5
Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 3 of 5
Arrears Payment
1.That is currently
(Name)
Arrears Interest Payment
Child Support Arrears Balance
and owed by (Name)
$ 0.
Child Support Interest Arrears Balance
If I, describe the other financial agreements in as much detail as possible. Include amounts, dates, names, etc.
In 2, check A or B.
If B, check 1 or 2.
If 2, complete the payer’s employer
information. In 3, if you are requesting changes to physical placement check A and enter the names of the children for whom you have agreed to changes.
Check 1, 2, 3, or 4, enter the parents’
names as requested and enter or attach the new placement schedule.
Other Arrears Balance
For (type(s) of arrears)
that is currently
owed by (Name)
I. Other Financial changes as follows:
2.Payments shall be made
A. no payments are ordered.
to the Wisconsin Support Collections Trust Fund (WI SCTF) at Box 74200, Milwaukee,
Wisconsin 53274-0200
directly from the payer to WI SCTF (only allowable if self-employed).
by income assignment from the payer’s employer as indicated below:
Employer name
Address of payroll office
Phone
Fax
3.Modify
Physical Placement Order(s) (time with children) for the following children:
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)
3.
from primary placement to shared placement.
Page 3 of 5
Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 4 of 5
If making a change to terms of placement related to supervision, check 5 and complete all relevant information. If other, check 6 and enter the specific information.
If you are requesting changes to legal custody check B and enter the names of the children for whom you have agreed to changes. Check 1, 2, or 3 and enter the requested information.
If you are modifying anything else, check and complete 4.
4.
from the current shared placement schedule (if any) to a new shared placement schedule.
The new placement schedule for the changes in 1-4 above is as follows:
5.
to require placement with (Name of Parent)
be
supervised.
unsupervised.
6.
Legal Custody (decision making) for the following children:
to joint legal custody with both parents.
to sole legal custody with (Name of Parent)
4. Additional changes as follows:
THE COURT ADOPTS AS FINDINGS THE FACTS SET FORTH ABOVE.
THE COURT FURTHER FINDS:
For Court Use Only.
Deviation from the child support percentage standards meets the requirements of §767.511(1n), Wisconsin Statutes.
1.Amount support would be using percentage standard is as set forth in Agreements 1.A.2.
2.Amount support deviates from percentage standard is as set forth in Agreements1.A.2.b.
3.The percentage standard is unfair
for the reasons set forth in 1.A.2. Other:
4. The basis for the modification is
as set forth above. Other:
THE COURT ORDERS:
1.This stipulation is approved and the previous judgment or order is amended accordingly.
2.All provisions of the previous judgment or order not amended by this order remain in full effect.
3.Whenever private, accessible and reasonably-priced health insurance becomes available to either parent at a reasonable cost, that parent shall enroll the child(ren) as covered dependents under his/her health insurance, unless the child(ren) are already enrolled under another private health insurance plan or unless the parent's income is below 150% of the federal poverty level.
Page 4 of 5
Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 5 of 5
The former wife/mother must sign and print her name.
Enter the date on which she signed her name.
NOTE: This signature does not need to be notarized.
The former husband/father must sign and print his name.
Enter the date on which he signed his name.
If either party is receiving public assistance or there is a case worker from the Child Support Agency assigned to your case, you must take this agreement to the Child Support Agency in your county for their approval.
If not, mark not required.
If a Guardian ad Litem has been appointed to your case, you must take this agreement to the GAL for his/her approval.
Wife/Mother
Print or Type Name
Date
Husband/Father
State of Wisconsin, Child Support Agency
Approved
Not Approved
Not Required
Authorized Signature
Guardian ad Litem
Not Required (No GAL has been appointed)
BY THE COURT:
Circuit Court Judge
Circuit Court Commissioner
Page 5 of 5
Filling out the Wisconsin FA-604 form is a crucial step in the process to modify court orders related to custody, physical placement, support, and maintenance. This process can seem daunting at first, but breaking it down into manageable steps can make it significantly easier. Here’s how to approach it:
After submission, the court will review the stipulation and agreements made between the parties. The judge or court commissioner will decide whether to approve the changes as presented. If approved, the modifications to custody, placement, support, or maintenance will be officially amended in the court order, affecting future obligations and arrangements. It's essential to follow all instructions carefully and provide accurate and complete information to avoid delays or issues in the approval process..
What is the Wisconsin FA-604 form used for?
The Wisconsin FA-604 form is a legal document used for requesting changes to existing family law orders. It covers a wide range of modifications, including changes to legal custody, physical placement, child support, maintenance (alimony), and other financial orders such as arrears balances. This form allows parties to present an agreed-upon stipulation for such changes to the court, which, if approved, adjusts the terms of the original court order accordingly.
How do I know if I need to fill out the FA-6064 form?
If there have been significant changes in your circumstances or those of the other party involved in a family law order in Wisconsin, and you both agree to the modifications regarding custody, support, or financial terms, you will need to fill out the FA-604 form. Typical situations include changes in income, relocation, remarriage, or changes in the needs of the children. Both parties must agree to the stipulation for the form to be used.
Can I file the FA-604 form without an attorney?
Yes, it is possible to complete and file the FA-604 form without an attorney. However, understanding your rights and the implications of the requested changes is crucial. If you are unsure about the process or how the changes may affect you and the children involved, seeking legal advice is recommended. It's important that both parties fully understand the agreement they are entering into as the court must approve it to become effective.
What happens after the FA-604 form is filed?
After the FA-604 form is filled out and filed with the court, a judge or court commissioner will review the stipulation. If the agreement is deemed to be in the best interests of any children involved and fair to all parties, the court will likely approve the stipulation and issue an order amending the previous judgment or order accordingly. The changes outlined in the agreement will then become legally binding. The court might request a hearing if there are concerns or unclear terms in the stipulation.
Is the agreement on the FA-604 form final?
Once the court approves the changes outlined in the FA-604 form, the agreement becomes a court order and is legally binding. This means that any party who fails to adhere to the terms of the modified order could face legal consequences, including enforcement actions by the court. If future changes are necessary, parties will need to either agree to another modification through a similar process or seek a court determination if they cannot agree.
Filling out the Wisconsin Fa 604 form, a crucial document for modifying court orders related to custody, placement, support, and maintenance, requires attention to detail. Unfortunately, mistakes are common, complicating an already stressful process. Here are four typical errors that people should avoid to ensure a smoother legal journey.
Incorrect or Incomplete Case Information: It's essential to provide accurate and complete information about the original case, including the case number and the county where it was filed. A mistake here can delay the process or result in the form being returned for correction. Ensure all details match the original case documents exactly.
Confusion regarding the State of Wisconsin as a Party: Whether the State of Wisconsin, through the Child Support Agency, is a party to your action can be tricky to determine. Many mistakenly assume this does not apply to their case. If child support is involved, verifying with the local Child Support Agency before filling out the form can avoid this common error.
Failing to Adequately Describe Changes in Circumstances: The form requires a clear explanation of the substantial change in circumstances prompting the request for modification. Vague or incomplete explanations in this section can lead to delays. Be as specific and detailed as possible, using additional pages if necessary to provide a full account of the changes affecting custody, support, or placement.
Omitting Required Signatures and Approvals: All parties involved, including the Child Support Agency and, if applicable, a Guardian ad Litem, must provide their signatures for the stipulation to be considered. Skipping these approvals or not getting the form endorsed when necessary is a critical oversight. Before submitting, double-check that all required parties have reviewed and approved the document.
Addressing these common mistakes can lead to a more efficient and less cumbersome process for all parties involved. The key is thoroughness, clarity, and verification with the necessary agencies or legal advisors. Ensuring all details are accurately and completely filled out on the Wisconsin Fa 604 form is crucial for a successful modification of court orders related to custody, placement, support, and maintenance.
When handling family law cases in Wisconsin, particularly those involving custody, physical placement, support, or maintenance changes, additional documents frequently accompany the FA-604 form. Understanding these forms can provide clarity and streamline the process for those involved.
Each of these forms plays a crucial role in the legal process, helping parties to communicate their needs and agree on the best arrangements for their children and financial obligations. By understanding and properly utilizing these documents, parties can more effectively navigate the complexities of family law in Wisconsin.
The Wisconsin FA-604 form is structurally and functionally similar to a Child Custody and Support Order Modification form found in other jurisdictions outside Wisconsin. This type of form is used when there are changes in the custodial arrangements, child support, maintenance, or any other financial support post-divorce or separation. Just like the FA-604 form, it allows for the adjustment of legal decisions based on substantial changes in the circumstances of either parent or the child. This ensures that the welfare of the child remains protected under varied conditions.
Another document akin to the FA-604 form is a Stipulation Agreement. This legal document is used by parties to agree on specific terms before submitting them to the court for approval. Similar to the stipulation part of the FA-604, it typically involves negotiations about child custody, support, alimony, and other related matters. Once both parties reach an agreement, it's submitted to court for a judge's approval, just like how the FA-604 operates.
Financial Disclosure Statements share similarities with the portions of the FA-604 that require disclosure of the parties' financial information. These statements are crucial in family law for calculating child support and maintenance payments. They require detailed information about income, expenses, assets, and liabilities, ensuring that any financial order, like child support or maintenance, is fair and equitable to both parties.
The Income Withholding Order or IWO, another related document, is designed specifically for child support and maintenance enforcement. It is parallel to the sections in the FA-604 that detail how child support payments will be processed. An IWO mandates employers to deduct child support payments directly from the paying parent's paycheck, helping to streamline the process and reduce the risk of missed payments.
Legal Custody and Physical Placement Orders, though often part of broader family court decisions, can stand alone similarly to sections within the FA-604. They specifically address which parent will make major decisions for the child (legal custody) and where the child will live (physical placement). Adjustments to these orders often necessitate a form like the FA-604 when circumstances change, ensuring that the child's best interests are consistently prioritized.
The Order to Show Cause for Modification of Child Support/Maintenance is another related document. It's used when one party is seeking to change an existing order based on new evidence or circumstances, not unlike the FA-604. However, this form typically starts a court process that can involve a hearing, unlike the FA-604 that might be processed administratively if both parties are in agreement.
Marital Settlement Agreements (MSA) are comprehensive agreements that address the division of marital assets, debt responsibilities, and set terms for maintenance, child support, and custody arrangements at the time of a divorce or separation. Sections of the FA-604 that allow for the modification of child support, maintenance, and custody mirror the flexibility an MSA provides, albeit the FA-604 is for post-judgment modifications.
Child Support Worksheets, utilized for the original determination of child support during divorce proceedings, are somewhat mirrored by the financial portion of the FA-604. These worksheets take into account each parent's income, health insurance costs, and the number of children to calculate the appropriate amount of support, which is comparable to the financial disclosures and calculations required in the FA-604 form.
The Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) parallels the FA-604 form in cases involving custody disputes that cross state lines. While it primarily focuses on determining a child's home state for custody decisions, changes in a child's residence that might influence jurisdiction are akin to certain modifications facilitated by the FA-604, demonstrating the importance of current living arrangements in legal decision-making.
Finally, Parenting Plans are detailed agreements that outline how parents will divide care and responsibility for their children, including schedules for physical placement. The sections within the FA-604 that allow for modifications to physical placement orders reflect the adaptability and detailed planning of a Parenting Plan, ensuring that as the needs and circumstances of the child and parents change, the legal arrangements can too.
When completing the Wisconsin FA-604 form, an important legal document used for requesting changes to custody, support, or placement orders, accuracy and attention to detail are crucial. Here are five crucial do's and don'ts to ensure the process goes smoothly:
Following these guidelines can help ensure that your FA-604 form is completed correctly and processed efficiently, paving the way for the adjustments you are seeking in your legal arrangements.
When dealing with the intricacies of family law in Wisconsin, particularly regarding modifications related to custody, placement, or support, the FA-604 form plays a critical role. There are several misconceptions surrounding this form that need clarification to ensure individuals understand its purpose, function, and the implications it carries.
Misconception 1: The FA-604 form can be used for initial custody or support orders. This form is specifically designed for requesting changes to existing legal custody, physical placement, child support, maintenance, or arrears balances, not for establishing initial orders.
Misconception 2: Completing the FA-604 form guarantees the requested changes will be approved. Submission of this form begins the process, but the final decision rests with the court after a comprehensive review of the reasons and evidence supporting the request.
Misconception 3: Either parent can unilaterally make changes using the FA-604 form. In reality, both parties must generally agree to the changes proposed in this form, unless the court finds substantial reason to side with one parent's request over another.
Misconception 4: The form is only concerned with financial aspects of support. While it does address child support, maintenance, and arrears balances, it also covers legal custody and physical placement, which are equally important aspects of a child’s well-being.
Misconception 5: You do not need to inform other relevant parties about the proposed changes. If either party is receiving public assistance or there's an existing case worker from the Child Support Agency, the agreement must be reviewed by that agency. Moreover, if a Guardian ad Litem has been appointed, their approval is also necessary.
Misconception 6: Health insurance changes do not need to be reported. Changes in the availability or cost of health insurance for the children must be reported, as they significantly impact child support calculations and the children's welfare.
Misconception 7: The form is only for parents. While primarily used by parents, legal guardians may also need to utilize this form in certain circumstances, especially when legal custody and physical placement issues arise.
Misconception 8: Once signed, the changes are immediate. The signatures of the parties involved initiate the process, but changes only take effect once the court reviews and approves the stipulation and order, making it legally binding.
Understanding the FA-604 form and clarifying these misconceptions ensures that individuals navigating the process of modifying family-related court orders in Wisconsin are well-informed. This knowledge is crucial for making informed decisions and effectively advocating for the best interests of the children involved.
Filling out the Wisconsin FA-604 form, designed for modifying custody, support, or placement orders, requires thoughtful attention to detail and a clear understanding of one's current circumstances. Here are five key takeaways to guide you through the process:
Understanding and attentively filling out the FA-604 form can significantly impact the well-being of all parties involved, particularly the child(ren)'s. It's an opportunity to adjust orders to better reflect current realities and ensure that children's needs are met comprehensively.
Property Tax Exemption Wisconsin - Detailed usage of the property and justification for exemption must be clearly articulated in the form.
Employer Verification Form - Navigate through the Wisconsin Verification form using tabs, spacebar, or Enter to fill out your business details.