Family Court Information
Post-Judgement
A motion is a request made by a party upon which the court issues a ruling or order. There are several different types of motions:
- Change Level of Child/Family Support
- Form Numbers: FA-4170, FA-4139
- Filing Fee: $30.00
- Change Level of Maintenance (Alimony)
- Form Numbers: FA-4170, FA-4139
- Filing Fee: $30.00
- Add Medical Expense Provision to Judgment
- Form Numbers: FA-4170, FA-4139
- Filing Fee: $30.00
- Add/Change Tax Provision (Exemptions, etc)
- Form Numbers: FA-4170, FA-4139
- Filing Fee: $30.00
- Change Custody of Child (Children)
- Form Numbers: FA-4170, FA-4134
- Filing Fee: $50.00
- Change the Placement (Visitation) Schedule
- Form Numbers: FA-4170, FA-4134
- Filing Fee: $50.00
- Enforcement of Existing Judgment: Failure to Return from Placement, Failure to Pay Child Support, Failure to Pay Maintenance (Alimony), Failure to Pay Medical Expenses, Failure to Allow Use of Tax Exemptions/Child Credit, Failure to Pay Property Division Payment or Return of Property
- Form Numbers: FA-4172VA, FA-4172VB
- No Filing Fee | Service Fees Still Apply
- Enforcement of Physical Placement
- Form Numbers: FA-609
- No Filing Fee | Service Fees Still Apply
How to File
You may file with the assistance of an attorney or file pro se (on your own). Wisconsin Court System’s self-help center is designed to help you find forms, learn about Wisconsin law and court procedures and represent yourself in some court matters. We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at [email protected] or by phone at 715-468-4677.
If parties are stipulating to change something in their court order, they can file a stipulation with the court. There is no filing fee. Once filed, we will forward it to the court for approval and copies will be sent to parties if addresses are supplied. The form numbers are FA-604A and FA-604B – Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement.
You may print the forms for free from the website Circuit Court Forms Site. Motion paperwork is also available in the Clerk of Courts Office for $10.
The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time. You may also file documents by mail or in person at:
Clerk of Courts
P.O. Box 339
10 4th Avenue
Shell Lake, WI 54871
Paternity
Establishing paternity is determining the father of a child. If your child was conceived or born when you were married, the husband is the legal father (unless the court decides otherwise). Paternity has to be established when a child was born out of wedlock. Legal fatherhood has to be decided before a court can order child support. The Clerk of Courts office does not have forms for Paternity actions.
How is Paternity Decided
Legal fatherhood can be decided if:
- You and the other parent sign and file the “Wisconsin Voluntary Paternity Acknowledgment Form”. You can get these forms from the hospital or the local Child Support Agency when your baby is born.
- You and the other parent sign a “Legitimation Form” if you marry after your child is born. You can get this form at your local Child Support Agency and from the State Vital Records Office.
- You and the other parent sign a stipulation (legal agreement) and have the court review and approve it. Your local Child Support Agency can prepare this stipulation.
- The court determines fatherhood when your local Child Support Agency brings your case in front of the court.
Annulments, Divorce & Legal Separation (Family Court)
What are the Types
- Annulment: Establishes that a marital status never existed.
- Divorce: Dissolution of marriage.
- Legal Separation: A court order arranging the terms (custody, support, etc.) under which a married couple will live separately.
These are handled differently than Domestic Partnership Terminations.
How to File
You may file with the assistance of an attorney or file pro se (on your own). Wisconsin Court System’s self-help center is designed to help you find forms, learn about Wisconsin law and court procedures and represent yourself in some court matters. We cannot provide you with legal advice, however if you have general questions, please contact the Clerk of Courts Office via email at [email protected] or by phone at 715-468-4677.
Complete the paperwork and file with the Washburn County Clerk of Courts Office. The filing fee is required at the time of filing.
Mediation
Mediation is a process in which disputing parents meet with the help of a neutral third party to reach an agreement regarding placement issues with their children.
You cannot request mediation if it has been less than two years since you last attended mediation. If so, you will need to file a motion with the court requesting to change physical placement or custody. Please contact the Clerk of Courts office at 715-468-4677 for forms and instructions.
After receiving an order to mediate from Washburn County Court, parties must attend mediation orientation. During this start at a 60-minute session, a mediator will explain the procedures, process and mediator’s role, costs of mediation and why mediation is strongly supported in Washburn County.
Parties will then be referred to a local mediation agency to start the mediation process.
Wisconsin Child Support System
The Wisconsin child support program can help you:
- Locate a missing parent.
- Establish paternity (legal fatherhood).
- Ask the court to order child support.
- Enforce child support orders.
- Contact the paying parent’s employer to set up income withholding.
- Collect child support from a parent living in another state.
- Review a support order for possible increase or decrease in payment amounts.
- Provide payment and collection information on your child support case at:
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- Wisconsin Support Collections Trust Fund
https://dcf.wisconsin.gov/
800-991-5530
877-209-5209 TDD - Child support information is available at
https://dcf.wisconsin.gov
- Wisconsin Support Collections Trust Fund
-
For civil rights questions, call 608-264-9820 or 866-275-1165 TTY (toll free)
Percentage of Income Standard:
- 17% gross income for one child
- 25% for two children
- 29% for three children
- 31% for four children
- 34% for five or more children
Clerk of Court
PO Box 339
10 4th Avenue – 2nd Floor
Shell Lake WI 54871
The Wisconsin Court System has implemented e-filing which is fast, easy, and convenient. You can file from your home and your case can be monitored in real time.
Cost
The filing fee is $184.50 when no support and/or maintenance is requested or $194.50 when support and/or maintenance is requested.
Forms
The Wisconsin Court System has created a Self-help Family Web Site that provides a guide and fillable forms necessary. Our office has put together divorce packets with the forms provided on the self-help family web site. Four different packets are available:
- Joint Petition–without children (both parties agree)
- Joint Petition – with children (both parties agree)
- Summons and Petition – without children (one party filing on their own behalf and having the other party served)
- Summons and Petition – with children (one party filing on their own and having the other party served)
The Clerk of Courts Office does not have forms available for annulment and domestic partnership terminations.
Frequently Asked Question
The Clerk of Courts Office does not have paperwork for annulment. You will need to contact an attorney.
You may request a printout of your child support payments from the Child Support Online Service. To sign up for free access go to: dcf.wisconsin.gov or you can call the Trust Fund phone number at 800-991-5530 and select Option 1.
If both parties agree with the change in custody, the Clerk of Courts has a stipulation packet that both parties fill out and have their signatures notarized. The Form No. FA-604: Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement is available on the forms website. Once that is complete, bring it back to the Washburn County Clerk of Courts Office. It will be forwarded to the judge for approval. After the judge signs the order approving your stipulation and returns it to the Washburn County Clerk of Courts Office, copies will be sent out to both parties. If you do not agree, the first step is mediation (unless you have been through the process within the last 2 years). If that does not resolve the issues, the Clerk of Courts Office has paperwork that you can fill out and file with the Clerk of Courts Office. The filing fee is $50 and you are required to have the other party personally served.
If it is a child support bench warrant, you need to contact the Office of Corporation Counsel. Their telephone number is: 715-468-4622. They are located in the Washburn County Courthouse at 10 4th Avenue, Shell Lake WI 54871.
If court ordered visitation is being denied to you, the Clerk of Courts Office has a form called: Petition to Enforce Physical Placement. The Form Numbers are: FA-609, FA-610 and FA-611. Upon completion of those forms, you will obtain a date for a court hearing that will take place within 30 days. There is no charge for the forms or for filing the paperwork. https://www.wicourts.gov/fo…
You can obtain a stipulation form in the Washburn County Clerk of Courts Office that you can complete. The Form No. FA-604: Stipulation and Order to Amend Judgment for Support/Maintenance/Custody/Placement is available on the forms website or you can write up your own agreement on blank paper.
Note: notarized signatures are required. The agreement will then be sent to the Child Support Agency for approval and returned to us. If approved, we will forward it to the court for the judge’s approval and signature. Upon receiving the signed order from the judge, we will make copies and mail them to you (make sure we have your current address).
It is $184.50 when no child support or maintenance is requested.
It is $194.50 when child support or maintenance is requested.
If you were divorced in Marathon County, you can obtain a copy of your divorce paperwork at the Washburn County Clerk of Court’s Office. The charge is $1.25 per page. However, divorces filed prior to 1990, you will need to contact Vital Statistics: https://www.dhs.wisconsin.g…
Call VitalChek at 877-885-2981 to place an order by phone. If you were divorced in another county, you need to contact the Washburn Clerk of Courts Office in that county to obtain your copies.