Notice of Motion and Motion to Change

This document may be used to give notice to the opposing party there is a court hearing scheduled to change a current order concerning legal custody, physical placement, child support, maintenance, or any other aspect of a court order/judgment.

Fees

$30.00 filing fee if modifying child support, maintenance, arrears, other

$50.00 filing fee if modifying legal custody and/or physical placement

Services fees

Amount depends upon the type of service (i.e. mail, publication, personal service)

An individual can petition the Court to Waive Court Fees and Costs (PDF).

Forms and Instructions

Pro se family forms and instructions are available at the Wisconsin Court Systems Website.

Form FA-4170V (PDF) Notice of Motion and Motion to Change: Legal Custody, Physical Placement, Child Support, Maintenance, or Arrears Payment

The petitioning party is to complete the appropriate sections of the document and sign on the last page.
The caption ((top section of page 1 with parties’ names, addresses, case number, and check appropriate box(es) as to the orders being changed) shall remain the same as the original case filing document (i.e. summons, joint-petition).

Form FA-4138V (PDF) Income and Expense Statement

Each party is to complete this form if a financial obligation (i.e. child support, maintenance, tax exemption) is requesting to be changed.
The caption (top section of page 1 with parties’ names, addresses, case number, and check appropriate box(es) as to the orders being changed) shall remain the same as the original case filing document (i.e. summons, joint-petition).
The petitioning party is to include a blank form for the opposing party to complete with the authenticated copy of the Notice of Motion and Motion for service.

Filing Instructions

Bring the completed forms to the Oconto County Family Court Commissioner’s Office, 301 Washington Street, Building C – Rm 1174, Oconto, WI to obtain a hearing date.

After the hearing date is scheduled, bring the completed forms to the Oconto County Clerk of Courts, 301 Washington Street, Building C – Rm 1217, Oconto, WI for filing.

Filing fee is required unless approval to waive the filing fees is granted. Cash, checks, money orders, debit and credit cards are accepted. An additional service fee is charged when paying with a debit or credit card.

The Clerk of Courts office will keep and file the original documents and return three (3) authenticated copies to you.

Keep one authenticated copy for your records.
One copy is to be served on the other party with a blank copy of the Income and Expenses Statement, if necessary.
The Sheriff’s Department/Process Server may require a copy of their records.

Service Instructions

“Service” and “service of process” are legal terms used to describe the act of giving notice of a lawsuit or court hearing to another person. There are several different methods and very specific time limits by which you must have the other party served. The type of service you are required to use depends on the type of action you are filing.

Form Name & Number	Type of Service Required	Service Time Limits
Notice of Motion & Motion (Post Judgment) (Form FA-4170V (PDF))	Mail	Not less than 8 business days before the date of the hearing.

View additional information regarding serving documents to the opposing party.

Preparing and Going to Court

Bring the following items with you to the court hearing:

Proof of Service
Completed Income and Expense Statement, if necessary
Three copies of any documentation you think may help your make your case to the court
Individuals to testify on your behalf. A letter, affidavit, email or text from them may not be acceptable.

Please do not bring children to the court hearing.

Check in with the Family Court Commissioner’s Office Room 1174 at least 5 minutes before the scheduled court time. Parties are expected to be on time.

Present your case to the Court

Be prepared to state your side of each issue clearly and completely.
Be prepared to answer questions that may be asked of you by the Court or others.
Be prepared to submit the completed Income and Expense Statement to the Court if a revision of financial orders is being requested.

Be prepared to provide evidence. Make two (2) additional copies of any exhibits you are intending to submit to the Court. The Court will keep the original exhibit. One copy is for the opposing party and the other copy is for yourself.

Courteousness and proper decorum is required at all court appearances.