Marital Settlement Agreement

Joint Petition With Minor Children

STATE OF WISCONSIN, CIRCUIT COURT, COUNTY

IN RE: THE MARRIAGE OF

Joint Petitioner B

A. We are providing the following information about Joint Petitioner A:

1. Date of birth

2. Immediately before filing this petition, Joint Petitioner A will have lived in this county for 30 days or more. Yes No

3. Immediately before filing this petition, Joint Petitioner A will have lived in the state of Wisconsin for 6 months or more. Yes No

4. Joint Petitioner A is currently on active duty as a member of the Armed Forces of the United States of America or its allies. Yes No

5. Joint Petitioner A is currently pregnant. Yes No

B. We are providing the following information about Joint Petitioner B:

1. Date of birth

2. Immediately before filing this petition, Joint Petitioner B will have lived in this county for 30 days or more. Yes No

3. Immediately before filing this petition, Joint Petitioner B will have lived in the state of Wisconsin for 6 months or more. Yes No

4. Joint Petitioner B is currently on active duty as a member of the Armed Forces of the United States of America or its allies. Yes No

5. Joint Petitioner B is currently pregnant. Yes No

C. We are providing the following marriage information:

1. We were married on .

2. We were married in .

3. We are filing for a. Divorce. This marriage is irretrievably broken. b. Legal Separation. This marriage is broken and the reason we are requesting a legal separation and not a divorce is .

4. This is the first time that either party have filed for divorce or legal separation from each other in Wisconsin or in any other state: a. Yes b. No

County State Case No. Has this case been dismissed? Yes No

5. This is Joint Petitioner A’s first marriage. Yes No

a. Joint Petitioner A was previously married to

b. The marriage was terminated by divorce. death.

c. Date of the divorce or death

d. The divorce was granted in: Name of court City State

e. Joint Petitioner A was also previously married to

f. The marriage was terminated by divorce. death.

g. Date of the divorce or death

h. The divorce was granted in: Name of court City State

6. This is Joint Petitioner B’s first marriage. Yes No

a. Joint Petitioner B was previously married to

b. The marriage was terminated by divorce. death.

c. Date of the divorce or death

d. The divorce was granted in: Name of court City State

e. Joint Petitioner B was also previously married to

f. The marriage was terminated by divorce. death.

g. Date of the divorce or death

h. The divorce was granted in: Name of court City State

D. We are providing the following information regarding our children:

1. Minor Children that we have together

a. The minor children (age 17 or younger) of me and the other party (born to or adopted) before or during our marriage are

b. None.

Name of Minor Child / Date of Birth

2. Adult Child(ren) that we have together

a. The adult child(ren) (age 18 or older) of me and the other party (born to or adopted) before or during our marriage are

b. None.

Name of Adult Child / Date of Birth

3. Other children

a. Other child(ren) born or adopted during this marriage by either party.

b. None.

Name of Child / Date of Birth / Parent

Has paternity been established? No Yes, County Case No.:

4. Have the minor child(ren) lived in Wisconsin 6 months or more with at least one of the parents? Yes No

5. The current address of the minor child(ren) is/are

6. Previous addresses for the minor child(ren) is/are None (the children have lived at the current address for the last five years).

7. Currently, or during the last 5 years, one or more of the minor children lived with a person other than a parent. Yes No

Child

Person

Address

Address

City State Zip

Child

Person

Address

Address

City State Zip

Child

Person

Address

8. We have been involved in other custody/placement/visitation proceedings.

a. Yes and the paternity, custody, physical placement, or visitation order was granted in:

Name of court Case Number Date

b. No.

9. We are aware of a proceeding that could affect the current proceeding.

a. Yes and the proceeding that could affect the current proceeding is in:

Name of court Case Number

Nature of Proceeding

b. No.

10. We have made written agreements or received orders from the court about some or all of the matters in this action.

a. Yes, and we have attached a copy of the written agreement to this Petition.

b. No.

We consent to jurisdiction and waive service of summons.

WE ASK THAT THE COURT:

1. Grant a judgment as requested.

2. Enter an order granting maintenance, child support and/or family support. Yes No

3. Enter other orders as it deems just and equitable.

ACTS PROHIBITED BY STATUTE

Neither party to this divorce or legal separation action can participate in any of the following activities while this action is pending:

1. Harassing, intimidating, physically abusing or imposing any restraint on the personal liberty of the other party or a minor child of either of the parties.

2. Encumbering, concealing, damaging, destroying, transferring, or in any other way disposing of property owned by either or both of the parties, without the consent of the other party or an order of the court, except in the usual course of business, in order to secure necessities or in order to pay reasonable costs and expenses of the action, including attorney fees.

3. Establishing a residence with a minor child of the parties outside the state of Wisconsin or more than 150 miles from the residence of the other party within the state without the consent of the other party or an order of the court.

4. Removing a minor child of the parties from the state of Wisconsin for more than 90 consecutive days without the consent of the other party or an order of the court.

5. Concealing a minor child of the parties from the other party without the consent of the other party or an order of the court.

A VIOLATION OF THE ABOVE PROHIBITIONS MAY RESULT IN PUNISHMENT FOR CONTEMPT.

Wisconsin Department of Children and Families - Child Support Percentage of Income Standards

Authority and Purpose

Wis. Stats. § 49.22(9) requires the Department to adopt and publish a standard, based upon a percentage of the gross income and assets of either or both parents, to be used by courts in determining child support obligations.

Applicability

The percentage standard applies to any temporary and final order for child support, including child support stipulations agreed to by both parents and modifications of existing child support orders.

THE PERCENTAGE STANDARD

17% for one child

25% for two children

29% for three children

31% for four children

34% for five or more children

Statutory Factors Courts May Consider In Determining Child Support Awards

§767.511, Child Support.

(a) The financial resources of the child.

(b) The financial resources of both parents.

(bj) Maintenance received by either party.

(bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

(bz) The needs of any person, other than the child, whom either party is legally obligated to support.

(c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation.

(d) The desirability that the custodian remain in the home as a full-time parent.

(e) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.

(ej) The award of substantial periods of physical placement to both parents.

(em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under §767.41.

(f) The physical, mental and emotional health needs of the child, including any costs for health insurance as provided for under sub. (4m).

(g) The child's educational needs.

(h) The tax consequences to each party.

(hm) The best interests of the child.

(hs) The earning capacity of each parent, based on each parent's education, training and work experience and the availability of work in or near the parent's community.

(i) Any other factors which the court in each case determines are relevant.