Can I request an evidentiary hearing in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Ronald V. in West Allis, WI

Question Details:

When my wife and I were divorced, she received custody and I was ordered to pay support. I have made good on the order and am current on all support obligations. My ex-wife has now begun the process of requesting an increase in the amount of support I pay. The family court commissioner has found that there has been a substantial enough change in circumstances to justify the increased payments. My income has increased, but so has the cost of my living expenses, especially with a new child. Can I request an evidentiary hearing to support my claim?

Family Law Attorney Response:

When these situations arise, there are a number of ways they could play out in court. There are also many factors a court will consider before rendering a final judgment. You can request an evidentiary hearing before a final judgment has been imposed as to whether or not an increase in support is warranted.

This was demonstrated in the case of Long v. Wasielewski 147 Wis. 2d 57, 432 N.W.2d 615 (Ct. App. 1988). In this case, the court refused the father an evidentiary hearing, and instead relied solely on the arguments of counsel and the court commissioner’s findings. The father appealed, and the court of appeals reversed.

I advise you to speak to an experienced family law attorney in order to discuss your case in greater detail before moving forward.

Trisha Festerling, J.D.

Family Law Attorney

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