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Content Overview

In the complex and often emotionally charged arena of family law, the Wisconsin FA-604 form represents a crucial tool for parties seeking modifications to existing court orders regarding custody, physical placement, support, and maintenance. As indicated by its full designation, "Stipulation and Order to Change: Custody/Physical Placement/Support/Maintenance," this legal document allows divorced or separated parents, or those who have established paternity, to formally request changes to legal custody, physical placement of children, and various support obligations. The form provides a structured framework for documenting current income levels of both parties, the number of children affected, and specifics regarding health insurance among other key information. Crucially, the Wisconsin FA-604 mandates a detailed enumeration of the reasons behind the request for modification, such as changes in income, employment, health insurance, living arrangements, or the evolving needs of children. This is designed to ensure that any adjustments to court orders are grounded in substantial and material changes in circumstances, aligning with the best interests of the children involved. The careful completion of this form, and its subsequent approval by the court, underscores the legal system's commitment to adapt to changing familial dynamics while ensuring the welfare of children remains paramount.

Preview - Wisconsin Fa 604 Form

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:

First name

 

Middle name

Last name

 

 

 

Current Mailing Address

 

 

 

 

 

 

City

State

Zip

Daytime phone number

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

Gross monthly income $

 

Employer

 

 

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

 

 

both parties has changed.

 

H.

the party to whom maintenance is owed has remarried.

 

I.

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Case No.

______________

 

 

 

 

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:

1.

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See attached

 

**Serial-family parent:

 

 

 

 

 

 

 

 

 

 

 

 

 

Describe or attach the calculation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See attached

Based on this standard, the support order in this case would be $

 

 

per

 

 

 

and paid by

 

 

to

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We agree to

 

 

 

 

 

 

 

 

 

 

 

 

a.

set support based on this standard beginning

 

 

, 20

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

deviate from the amount of support calculated above because:

 

 

 

 

 

 

 

 

1.

A cash medical contribution toward the cost of medical and health expenses

 

 

 

increases decreases this child support amount by $

 

 

 

per

 

.

 

 

 

 

 

 

 

 

 

2.

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 $

 

 

 

 

 

 

 

 

 

 

 

per

 

 

 

and paid by

 

 

 

 

 

 

to

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

beginning

 

 

 

 

 

 

 

 

, 20

 

 

 

.

 

 

 

 

 

 

 

 

 

 

B.

Maintenance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

That is currently

 

 

$0

$

 

 

 

 

 

 

 

 

% per

 

 

 

 

 

and paid

 

 

by (Name)

 

 

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Shall be changed to the following beginning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

 

% per

 

 

and paid by (Name)

 

 

 

 

.

 

C.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Family Support

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

That is currently

 

 

$0

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

%

 

per

 

 

 

 

and paid by (Name)

 

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Shall be changed to the following beginning

 

 

 

 

 

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

per

 

 

 

and paid by (Name)

 

 

 

 

 

.

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 2 of 5

Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 3 of 5

Case No.

______________

 

 

 

 

D.

Arrears Payment

1.That is currently

(Name)

$0

$

.

% per

 

and paid by

 

2.

Shall be changed to the following beginning

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

% per

 

 

and paid by (Name)

 

 

.

E.

Arrears Interest Payment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

That is currently

$0

$

 

 

 

 

 

 

 

 

% per

 

 

 

and paid by

 

 

(Name)

 

 

 

 

 

 

 

 

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Shall be changed to the following beginning

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

per

 

 

 

and paid by (Name)

 

 

.

F.

Child Support Arrears Balance

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1.

That is currently

$0

$

 

 

 

 

and owed by (Name)

 

 

.

 

2.

Shall be changed to the following beginning

 

 

 

 

 

 

 

 

 

, 20

 

 

 

 

 

a.

$ 0.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G.

Child Support Interest Arrears Balance

 

 

 

 

 

 

1.

That is currently

$0

$

 

 

and owed by (Name)

.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

Shall be changed to the following beginning

 

, 20

 

 

 

a.

$ 0.

 

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

 

 

 

 

 

 

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.

H.

Other Arrears Balance

 

 

 

 

 

 

 

1.

For (type(s) of arrears)

 

 

that is currently

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

owed by (Name)

 

 

 

 

 

 

 

 

2.

Shall be changed to the following beginning

, 20

 

 

 

 

 

a.

$0.

 

 

 

 

 

 

 

 

 

 

 

b.

$

 

 

 

 

 

 

 

 

 

 

I. Other Financial changes as follows:

2.Payments shall be made

A. no payments are ordered.

B.

to the Wisconsin Support Collections Trust Fund (WI SCTF) at Box 74200, Milwaukee,

 

Wisconsin 53274-0200

 

 

 

 

 

 

 

 

1.

directly from the payer to WI SCTF (only allowable if self-employed).

 

2.

by income assignment from the payer’s employer as indicated below:

 

 

Employer name

 

 

 

 

 

 

 

 

 

 

Address of payroll office

 

 

 

 

 

 

 

 

 

City

 

 

State

 

Zip

 

 

 

 

Phone

 

 

Fax

 

 

 

 

 

3.Modify

A.

 

Physical Placement Order(s) (time with children) for the following children:

 

 

 

 

 

 

 

 

 

 

1.

from primary physical placement with (Name of Parent)

 

 

 

 

 

to primary placement with (Name of Parent)

 

 

 

2.

from shared placement to primary placement with (Name of Parent)

 

 

 

3.

from primary placement to shared placement.

 

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 3 of 5

Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 4 of 5

Case No.

______________

 

 

 

 

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:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See attached

 

5.

to require placement with (Name of Parent)

 

 

 

 

 

 

 

be

supervised.

unsupervised.

 

 

 

 

6.

Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See attached

B.

 

Legal Custody (decision making) for the following children:

 

 

 

 

 

1.

to joint legal custody with both parents.

 

 

 

 

2.

to sole legal custody with (Name of Parent)

.

 

3.

Other:

 

 

 

 

 

 

 

 

 

See attached

4. Additional changes as follows:

See attached

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.

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 4 of 5

Stipulation and Order to Change: Support/Maintenance/Custody/Placement/Maintenance Page 5 of 5

Case No.

______________

 

 

 

 

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.

NOTE: This signature does not need to be notarized.

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.

If not, mark not required.

For Court Use Only.

Wife/Mother

Print or Type Name

Date

Husband/Father

Print or Type Name

Date

State of Wisconsin, Child Support Agency

Approved

Not Approved

Not Required

Authorized Signature

Print or Type Name

Date

Guardian ad Litem

Approved

Not Approved

Not Required (No GAL has been appointed)

Authorized Signature

Print or Type Name

Date

BY THE COURT:

Circuit Court Judge

 

Circuit Court Commissioner

Print or Type Name

Date

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 5 of 5

Form Specifications

Fact Name Description
Form Purpose The FA-604 form is used for stipulating and ordering changes concerning legal custody, physical placement, child support, and maintenance in the state of Wisconsin.
Applicable Laws The form is governed by Wisconsin Statutes sections 767.451, 767.461, 767.59, and 767.89.
Modification Conditions Modifications can be made for a variety of reasons, including changes in income, living arrangements, and the need for health insurance for the children involved.
Form Restrictions This form cannot be modified itself but can be supplemented with additional material if necessary for the case.

Detailed Instructions for Using Wisconsin Fa 604

Filling out the Wisconsin FA-604 form is a critical step for individuals looking to modify orders pertaining to custody, physical placement, support, or maintenance after a court decision. This modification could be due to changes in income, living arrangements, or other substantial life changes since the last court order. The process requires careful attention to detail to ensure that all information is accurate and complete. Here's a straightforward guide to help you navigate through the form.

  1. Enter the name of the STATE OF WISCONSIN, CIRCUIT COURT, and the county where the original case was filed at the top of the form.
  2. Select either marriage or paternity, depending on what your original case was about. If it was a paternity case, enter the initials of the child involved.
  3. Under Petitioner/Joint Petitioner, fill in the first name, middle name, and last name, followed by the current mailing address, city, state, zip, and daytime phone number of the petitioner or joint petitioner from the original case.
  4. On the right side of the form, mark the box(es) for the change(s) you are requesting (e.g., Legal Custody, Physical Placement, Child Support, Maintenance, Family Support, Arrears Balances, Other) and enter the original case number.
  5. For the Respondent/Joint Petitioner section, fill in similar details as you did for the petitioner/joint petitioner.
  6. Mark whether the State of Wisconsin (Child Support Agency) is or is not a party to this action.
  7. In sections 1A and 1B, enter the gross monthly income before taxes for both parties and their respective employers.
  8. In section 1C, mention the number of children subject to the child support standard.
  9. In section 1D, indicate whether private health insurance is available for the children, who provides it, and the cost.
  10. Under section 2, check all that apply regarding the basis for the change and detail the change in circumstances that has prompted this agreement.
  11. If modifying financial orders, complete sections about current financial orders, including child support, maintenance, family support, arrears payments, interest payments, and other financial changes as applicable.
  12. For changes to physical placement orders, check the appropriate boxes and fill out the necessary information regarding the children and the new agreed-upon schedules.
  13. Both the former wife/mother and the former husband/father must sign and print their names, and date the form where indicated. Note that these signatures do not need to be notarized.
  14. If applicable, take the agreement to your county's Child Support Agency for approval. Also, if a Guardian ad Litem is involved in your case, their approval will be required.

Once you've completed and signed the form, and obtained any necessary approvals, you'll submit it to the court for review. The judge or court commissioner will then decide whether to approve the modifications requested. It's important to follow through with any instructions provided by the court or your legal advisor during this process.

Listed Questions and Answers

What is the purpose of the Wisconsin Form FA-604?

Form FA-604 is designed for use within the Wisconsin circuit court system to formally request changes to legal orders concerning custody, physical placement, child support, maintenance, and arrears balances, among other things. This form enables parties to update their arrangements based on significant changes in circumstances since the original order was made.

When should you file Form FA-604?

This form should be filed when either party involved in a family law case, such as divorce or paternity actions, experiences a substantial change in circumstances that necessitates an update to legal orders about custody, support, placement, or maintenance. Examples include changes in income, health insurance availability, residential relocation, or the age of the children affecting support eligibility.

How does one complete Form FA-604?

To complete Form FA-604, you will need to enter detailed information about the original case, including the case number, the names, addresses, and phone numbers of both parties. You will also need to clearly identify the changes being requested, provide financial information for both parties if financial orders are being modified, and detail the basis for the requested changes. Both parties must agree to the changes and sign the form. If applicable, approval might be needed from the Child Support Agency or a Guardian ad Litem.

What documentation is required with Form FA-604?

When filing Form FA-604, supplementary materials that support the stipulation for changes should be included. This could consist of financial documentation demonstrating a change in income, proof of a change in healthcare insurance availability or costs, or other relevant material that justifies the requested modification. Specific requirements may vary based on the nature of the changes being requested.

Can Form FA-704 be modified?

No, Form FA-604 itself cannot be modified. The form's content and structure are set to ensure consistency and completeness in the application for a stipulated order change. However, you may supplement the form with additional material that supports your case or provides further clarification of the requested changes.

What happens after Form FA-604 is filed?

After Form FA-604 is filed, the court will review the stipulation and the supporting documents. If the court requires further information or a hearing, you will be notified. If the court finds the request reasonable and in the best interest of any children involved, it may approve the stipulation without a hearing. The original legal order will be amended to reflect the approved changes. It’s important to note that until the court officially approves the modifications, all parties must continue adhering to the original order.

Common mistakes

When completing the Wisconsin FA-604 form, often during emotionally trying times, it's common to make mistakes. Here's a look at eight common missteps:

  1. Incorrect or Incomplete Information on the County: One of the first sections asks for the name of the county in which the original case was filed. Sometimes, people either enter the wrong county name or leave this field blank.
  2. Marriage or Paternity Not Clearly Marked: The form differentiates between cases of marriage and paternity. Failing to mark clearly whether the case is about marriage or paternity can cause confusion and potentially delay proceedings.
  3. Leaving Personal Information Blank: Sections requiring detailed information about the petitioner and respondent, including addresses and phone numbers, are often left incomplete or filled out incorrectly. This can lead to communication failures between the court and involved parties.
  4. State of Wisconsin Party Involvement: There’s a checkbox to indicate whether the State of Wisconsin (Child Support Agency) is a party to the action. Neglecting to tick this box, if applicable, or mistakenly checking it can complicate the case, especially in matters of child support.
  5. Inadequate Financial Details: The form requests specific financial information, such as gross monthly income and child support details. Not providing complete and accurate financial details can impact the determination of support amounts.
  6. Health Insurance Information: Questions about the availability and cost of health insurance for children are often overlooked. Accurate health insurance information is crucial for ensuring that children receive necessary medical care without undue financial stress on either parent.
  7. Omitting Changes in Circumstances: Many forget to clearly detail the substantial changes in circumstances that necessitate amendments to custody, placement, or support. Articulating these changes is essential for the court's understanding and decision-making.
  8. Signature and Date Sections: Lastly, the requirement for signatures and dating at the end of the form is frequently missed. Without the proper signatures and dates, the document is incomplete and cannot be legally processed.

How to Avoid These Mistakes:

  • Double-check all personal and case-related information before submitting.
  • Consult the instructions for completing the FA-604 form carefully, or consider seeking guidance from a legal professional or court staff.
  • Ensure all financial information is up-to-date and accurately reflects the current situation.
  • Do not skip any sections. If a section does not apply, make sure to indicate so by writing "N/A" or "None."
  • Prioritize clear communication and documentation regarding changes in circumstances to support the need for amendment.

By paying close attention to these areas, you can fill out the FA-604 form more accurately and effectively, leading to a smoother process in modifying custody, placement, support, or maintenance orders in Wisconsin.

Documents used along the form

Understanding the intricacies of family law in Wisconsin, especially when it comes to making amendments to custody, support, or maintenance orders, requires familiarity with various forms and documents beyond just the FA-604 form. Individuals often find themselves navigating a labyrinth of paperwork, each form playing a crucial role in the legal process. Here's a look at five additional forms or documents frequently used alongside the Wisconsin FA-604 form, to provide a clearer picture of the procedural steps involved.

  • FA-608: Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement - This form is similar to FA-604 but is specifically used when parties have agreed to amend a final judgment regarding support, maintenance, custody, or placement without filing a formal motion.
  • FA-5000: Notice of Motion and Motion to Change Legal Custody or Physical Placement - This document initiates the process of modifying legal custody or physical placement. It outlines the motion's basis, including detailed reasons for the requested change.
  • FA-4170: Financial Disclosure Statement - Essential in cases where financial orders are part of the modification request, this form provides a comprehensive overview of an individual's financial situation, including income, expenses, assets, and debts.
  • CS-365: Request for Review of Child Support Order - Used when a party requests the Child Support Agency to review the current child support order for possible modification based on a change in circumstances.
  • FA-604A: Order to Show Cause for Finding of Contempt - This form is used if one party believes the other has violated the court's orders related to custody, placement, support, or maintenance and seeks enforcement of the order or sanctions against the violator.

Each document serves a distinct purpose, from initiating changes to existing orders to enforcing compliance. Navigating these forms can be daunting, but they are vital tools in safeguarding the best interests of all parties involved, especially the children. Understanding and correctly utilizing these forms is crucial in achieving a fair and just resolution in family law matters. Whether you are seeking to modify an order or enforce an existing one, these documents provide the framework within which individuals can assert their rights and responsibilities under Wisconsin law.

Similar forms

The FA-604 form in Wisconsin, which deals with changes in custody, physical placement, support, and maintenance, bears resemblance to various legal documents in its purpose, structure, and application. Here's a closer look at ten such documents and their similarities to the FA-604 form.

Modification of Child Support Order forms found in other states share a core similarity with FA-604. Both are used when circumstances change, necessitating a modification to the financial support arrangement for a child. The specific terms they cover, such as income adjustments and changes in parenting time, underscore this similarity. Like FA-604, these forms are crucial in ensuring that child support arrangements reflect current financial and custodial realities.

Marital Settlement Agreement (MSA) forms, though broader in scope, share elements with the WA-604 form, particularly in detailing the distribution of assets, liabilities, and setting terms for maintenance and custody in the event of a divorce or separation. Both documents serve to formalize agreements reached between parties in a legally binding manner, often requiring court approval to enact changes to existing agreements or orders.

Parenting Plan forms commonly used in custody cases also share similarities with the FA-604 form, especially in segments detailing physical placement or custody arrangements. Both types of documents focus on the welfare and best interests of children, laying out specific schedules and responsibilities for each parent. They provide a structured framework to manage the upbringing of children following a separation or divorce.

forms are critical in family law cases for disclosing parties' financial standings, similar to sections in the FA-604 that require the declaration of income and expenses. Both documents are essential for calculating maintenance, child support, and ensuring that financial orders are fair and based on accurate, up-to-date information.

Stipulation to Modify custody or support orders, much like the FA-604, are agreements between parties to alter existing orders or arrangements. These stipulations, once approved by a court, become binding orders. The process emphasizes cooperation between parties to reach mutually acceptable adjustments in response to changed circumstances.

Order to Show Cause for Modification forms initiate a legal process to change court orders, mirroring the overarching goal of the FA-604 to modify custody, placement, or support terms. Both seek to present reasons for the requested change, encouraging judicial review and approval based on new evidence or circumstances.

Request for Family Support forms, while focusing specifically on maintenance and support aspects, align with the sections of the FA-604 dedicated to adjusting financial support arrangements. They both play a vital role in ensuring that financial support provided to a child or former spouse is reflective of the current financial capabilities of the paying party.

Legal Custody Agreement forms detail decisions about a child's upbringing, including education, health care, and religion, similar to the legal custody component in the FA-604. Alterations to legal custody reflect significant changes in family dynamics, requiring a formal legal process to ensure the child's interests are paramount.

Child Custody and Visitation Order modifications, akin to FA-604's physical placement changes, provide a framework for amending where and with whom a child lives, as well as how parents will share time with the child. These modifications are critical when circumstances such as relocation or changes in parental availability occur.

Notice of Motion to Modify child support, custody, or maintenance orders are procedural documents that, like the FA-604, act as precursors to altering existing legal orders. They serve to formally notify all parties and the court of the intent to seek modifications based on changed conditions, initiating the legal process required for such changes.

Each of these forms, while serving specific functions, shares the common purpose of the FA-604: to facilitate legal adjustments in response to life's evolving circumstances, ensuring arrangements regarding custody, placement, and support are fair, equitable, and reflective of current situations.

Dos and Don'ts

When completing the Wisconsin FA-604 form, it's critical to follow guidelines to ensure the document is correctly filled out and submitted. Below are ten important dos and don'ts to keep in mind:

  • Do carefully read the entire form before starting to fill it out to understand what information is required.
  • Do enter the name of the county where the original case was filed accurately to avoid processing delays.
  • Do clearly mark whether the case is regarding marriage or paternity to guide the court’s understanding of the case context.
  • Do provide complete and accurate personal information, including current mailing address and daytime phone number, for both the petitioner/joint petitioner and the respondent/joint petitioner.
  • Do check the box that corresponds to the change(s) you are requesting carefully to ensure your request is understood.
  • Do complete sections 1A and B with accurate gross income details before taxes, as this information is crucial for financial matters.
  • Do indicate the number of children subject to child support accurately in section C.
  • Do ensure to check and accurately answer questions about health insurance availability and costs in section D.
  • Do attach additional material if needed to provide comprehensive information or clarification.
  • Don't leave any sections blank that apply to your situation; incomplete forms may result in processing delays or rejections.
  • Don't modify the form itself; it is not permitted to change the structure or format of the FA-604 form.
  • Don't guess financial details; ensure all monetary information provided is accurate and verifiable.
  • Don't ignore the need to indicate if the State of Wisconsin (Child Support Agency) is a party in your action; if unsure, it's important to verify.
  • Don't neglect the court’s requirements for signing and dating the form; unsigned or undated forms will not be processed.
  • Don't submit the form without the necessary approvals if your case involves public assistance or a case worker from the Child Support Agency is assigned to your case.
  • Don't overlook the requirement to get the document approved by a Guardian ad Litem if one has been appointed to your case.
  • Don't assume your submission is complete until you have confirmed receipt and acceptance by the appropriate court agency.
  • Don't forget to keep a copy of the filled-out form and any correspondence for your records.

Misconceptions

When it comes to navigating the legal landscape of family law in Wisconsin, particularly the form FA-604, there are several common misconceptions that can confuse individuals looking to adjust custody, placement, support, or maintenance orders. Understanding the truth behind these misconceptions can empower parties to make informed decisions and navigate the process more effectively.

  • Only parents can file the FA-604 form: While it's commonly believed that only parents can initiate changes regarding custody or support, in reality, any party with legal standing in the case, such as guardians or legal custodians, can also file this form if they meet the necessary legal requirements.

  • The form is only for increasing support payments: Contrary to this belief, the FA-604 form can be used to request any change to a custody, physical placement, or financial support order. This includes decreasing payments, modifying custody arrangements, or changing the terms of physical placement.

  • Completing the FA-604 form guarantees court approval: Merely submitting this form does not ensure that the requested changes will be granted by the court. The court closely examines the reasoning and evidence behind the request, ensuring that the proposed changes are in the child's best interests and based on a substantial change in circumstances.

  • All sections of the form must be filled out: While it's essential to provide complete information, not all sections of the FA-604 form apply to every scenario. Parties should complete only the sections relevant to their requested changes, paying close attention to instructions and accurately reflecting their circumstances.

  • The State of Wisconsin Child Support Agency needs to approve all changes: While the form asks if the State of Wisconsin (Child Support Agency) is a party to the action, not every change requires their approval. However, if either party is receiving public assistance or there is an active case with the Child Support Agency, their input or approval might be necessary.

  • A court hearing is always required to make changes official: While some cases may require a hearing, especially if there are contested issues, many stipulations can be approved by the court without a formal hearing, assuming both parties are in agreement and the changes are deemed appropriate by the court.

Addressing these misconceptions head-on can greatly demystify the process of modifying family law orders in Wisconsin. It's crucial for parties to understand that the FA-604 form is a tool designed to facilitate changes based on current needs and circumstances, provided that the legal criteria are met and the changes serve the best interests of the child or children involved.

Key takeaways

Filling out and using the Wisconsin FA-604 form, primarily designed for stipulations and order changes in custody, physical placement, support, or maintenance under the Wisconsin Statutes, involves several critical steps and considerations. Here are six key takeaways to ensure accuracy and compliance:

  • Accurate Identification and Background Information: When initiating changes, it's imperative to correctly enter all basic information including the names, addresses, and phone numbers of both parties involved. This step is foundational, ensuring that the process is properly aligned with the existing case and individuals concerned.
  • State Involvement: Clearly indicate whether the State of Wisconsin, via the Child Support Agency, is a party to the action. This distinction is crucial for determining the appropriate channels and approvals needed for the modifications proposed.
  • Detailed Financial Disclosures: Provide comprehensive financial information, including gross monthly income and health insurance specifics for both parties. This information is vital for accurately recalculating support obligations in light of any changes in circumstances.
  • Clear Basis for Modification: The form requires a detailed explanation of the change in circumstances that justifies the modification request. This could range from changes in childcare arrangements, shifts in financial conditions, to alterations in health insurance status. Be as specific and detailed as possible to substantiate the request.
  • Agreed Changes and Signatures: Both parties must agree to the changes and sign the form, affirming their consent to the modifications requested. These signatures do not need to be notarized, but they must be included for the stipulation to be considered valid and for the court to potentially approve the changes without a hearing.
  • Approval by Relevant Authorities: If applicable, the form must be approved by the Child Support Agency and/or a Guardian ad Litem before submission to the court. This step is dependent on whether public assistance is involved or if a Guardian ad Litem has been appointed in the case. Ensure this section is completed to avoid unnecessary delays or rejections.

Understanding and following these key points can streamline the process of requesting and implementing changes through the Wisconsin FA-604 form. It's designed to guide parties through the legal intricacies of modifications to custody, support, or maintenance arrangements while ensuring the welfare and best interests of all involved, especially children. As always, consult with a legal professional if there are any uncertainties or questions regarding the process or how to complete the form correctly.

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