During stipulated divorce proceedings, once it has progressed beyond the subjects covered in Stipulated Divorce 6: Hearings (A), the court may then see fit to examine both parties in an attempt to establish whether both have voluntarily entered into the proposed stipulation agreement.

It will further be established whether or not the proposed agreement is considered to be fair and reasonable. Only then can be add to the judgement. Once the court has approved said stipulation, neither party have the right to withdraw any portion of it. This is regardless of when the written judgement was declared.stipluatin

When it comes to child support, a court may not approve any such support agreements unless it abides by section § 767.511. Child support must be arranged as a percentage of the payer’s income, or as a fixed amount, in any case. Although, child support can only be established as a percentage of income if both parties have stipulated that it is a percentage of income, Wisconsin is not an actual interested party, or the payer is not already subject to any other support orders.

Unless the court finds that the circumstances prevent the percentage standard is unfair, the support must be in accordance with state standards and laws. If the percent standard isn’t used, the court must first establish the percentage order, and the court must declare why it isn’t fair on record.

Next, is the court’s determination of which parent is to receive an income tax exemption for the child. The court must also determine responsibility for the child’s health care-related expenses. Further, is the court’s determination of legal custody and physical placement. Remember, the court can reject or approve any portion of a stipulation, based on the wellbeing of the child.

In the event that a stipulation is the outcome of a mediation agreement, the court must ensure that the attorneys and guardian ad litem have reviewed the agreement, where applicable. The court must also ensure that the mediator has certified that the agreement properly addresses the agreement made by both individuals. Although, if the court rejects the established mediated agreement, it has to state all reasons in writing.

If the stipulation was established without mediation, the court must make a record which determines the child’s best interest in the matter. The court should also review the terms to ensure both parents fully understand what is being established. Finally, the court must establish whether or not the agreement that has been reached is reasonable and fair to both parties.

Dan Exner, J.D.

Family Law Attorney

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