Fill and Sign the Justia Marital Settlement Agreement Without Minor Form

Joint Petitioner A: Joint Petitioner B: FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 1 of 7 Enter the name of the county in which you are filing this case. STATE OF WISCONSIN, CIRCUIT COURT, COUNTY Enter Joint Petitioner A’s name and address. IN RE: THE MARRIAGE OF Joint Petitioner A Name (First, Middle and Last) Address Address City State Zip and On the far right, check divorce or legal separation. Amended Joint Petition With Minor Children Divorce-40101 Legal Separation-40201 Case No. Enter Joint Petitioner B’s name and address. Joint Petitioner B Name (First, Middle and Last) Address Address City State Zip Note: Leave case number blank; the clerk will enter it. Enter Joint Petitioner A’s date of birth [Month, Day, Year]. A. We are providing the following information about Joint Petitioner A: 1. Date of birth . For 2, 3, 4 and 5, check yes or no. Military personnel: Please see Basic Guide to Divorce/Legal Separation. 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 Enter Joint Petitioner B’s date of birth [Month, Day, Year]. 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 c ounty for 30 days or more. For 2, 3, 4 and 5, check yes or no. Military personnel: Please see Basic Guide to Divorce/Legal Separation. Yes No 3. Immediately before filing this petition, Joint Petitioner B will have lived in the st ate 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: Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 2 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 2 of 7 Enter the date [month, day, year], city, and state in which you were married. 1. We were married on [Date] . 2. We were married in [City] [State] . 3. We are filing for Check a or b. If b, explain why you are filing for a legal separation and not a divorce. 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. Previous Actions In 4, check a or b. If b, enter the county and state in which it was filed, the case number assigned to it, and check yes or no to indicate if the case has been dismissed. This is the first time that either party have filed for divorce or legal separation from each other in W isconsin or in any other state: a. Yes b. No: County State Case No. Has this case been dismissed? Yes No In 5, check yes or no. 5. This is Joint Petitioner A’s first marriage. Yes No If no, respond to 5a-5d with information about Joint Petitioner A’s most recent previous marriage. 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 If Joint Petitioner A had an additional previous marriage, respond to 5e- 5h. 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 If Joint Petitioner A had more than 2 previous marriages, repeat 5e-5h on an additional sheet. Check yes or no. 6. This is Joint Petitioner B’s first marriage. Yes No If no, respond to 6a-6d with information about Joint Petitioner B’s most recent previous marriage. 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 If Joint Petitioner B had an additional previous marriage, respond to 6e-6h. 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 If Joint Petitioner B had more than 2 previous marriages, repeat 6e-6h on an additional sheet. In D.1, enter the name and date of birth [month, day, year] for each minor child. If you and the other party do not have minor children together, check None. 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 Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 3 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 3 of 7 In 2, enter the name and date of birth [month, day, year] for each adult child. If you do not have adult children, check None. 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 In 3, enter the name and date of birth [month, day, year] for each other child and indicate the parent. If you do not have other children, check None. 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 Check no or yes. If yes, enter county and case no. Has paternity been established? No Yes, County Case No.: In 4, check yes or no. 4. Have the minor child(ren) lived in W isconsin 6 months or more with at least one of the parents? Yes No In 5, enter the current address of the minor children. If the children currently reside at separate addresses, provide those addresses on an additional sheet. 5. The current address of the minor child(ren) is/are Address Address City State Zip In 6, enter any previous addresses for the minor children living with the parents during the past 5 years. If none check “none.” 6. Previous addresses for the minor child(ren) is/are None (the children have lived at the current address for t he last five years). Address Address City State Zip If the children have lived in more than 2 places over the past 5 years, provide those addresses on an additional sheet. Address Address City State Zip In 7, check yes or no. 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 If yes, enter the name of that minor child and the name and address of the person with whom that child lived. Child Person Address Address City State Zip Attach an additional sheet, if necessary. Child Person Address Address City State Zip Child Person Address Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 4 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 4 of 7 Address City State Zip In 8, check a or b. 8. We have been (or we have been aware of others who have been) a party, witness or participated in another way in other past court proceedings concerning the custody of or physical placement or visitation with the minor children listed in D1 or D3 , in Wisconsin or in any other state. If a, enter the name of the court in which it was ordered, the case number assigned to it, and date it was ordered. a. Yes and the paternity, custody, physical placement, or visitation order was granted in: Name of court Case Number Date b. No. In 9, check a or b. 9. We are aware of a proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings related to domestic violence, protective orders, termination of parental rights, or adoption concerning the children listed in D1 or D3 , in Wisconsin or any other state. If a, enter the name of the court, the case number assigned to it, and the nature of the proceeding. a. Yes and the proceeding that could affect the current proceeding is in: Name of court Case Number Nature of Proceeding b. No. In 10, check a or b. If a, attach a copy of the written agreement. 10. We have made written agreements or received orders from the court about some or all of the matters in this action such as maintenance (spousal support), child support, legal custody or physical placement of the minor children, or property division. 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: If you are requesting maintenance, child support and/or family support at this time, check yes. If not, check no. 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 restr aint 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 s tate of Wisconsin or more than 150 miles from the residence of the other party within the state without the con sent of the other party or an order of the court. Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 5 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 5 of 7 4. Removing a minor child of the parties from the state of Wisconsin f or 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 t he consent of the other party or an order of the court. A VIOLATION OF THE ABOVE PROHIBITIONS MAY RESULT IN PUNISHMENT FOR CONTEMPT, WHICH MAY INCLUDE MONETARY PENALTIES, IMPRISONMENT, AND OTHER SANCTIONS AS PROVIDED FOR IN §785.04, WIS. STATS. A violation of paragraphs 3, 4, or 5 above is not a contempt of cou rt if the court finds that the action was taken to protect a party or a minor child of the parties from physical abuse b y the other party and that there was no reasonable opportunity under the circumstances for the party to obtain an order authorizing the action. These PROHIBITIONS apply until the action is dismissed, a final judgment in th e action is entered, or the court orders otherwise. STOP! Take this document to a Notary Public BEFORE signing. Joint Petitioner A must be sworn by a Notary Public before signing, printing name and dating the document in front of the Notary Public.  Joint Petitioner A Print or Type Name Date Have the Notary Public sign, date, and seal the document. State of County of Subscribed and sworn to before me on Notary Public/Court Official Name Printed or Typed My commission/term expires: (SEAL) STOP! Take this document to a Notary Public BEFORE signing. Joint Petitioner B must be sworn by a Notary Public before signing, printing name and dating the document in front of the Notary Public.  Joint Petitioner B Print or Type Name Date Have the Notary Public sign, date, and seal the document. State of County of Subscribed and sworn to before me on Notary Public/Court Official Name Printed or Typed My commission/term expires: (SEAL) Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 6 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 6 of 7 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. Chapter DCF 150 of the Wisconsin Administrative Code establishes Wisconsin's perce ntage of income standard for child support. It is based upon the principle that the child's standard of living should, to the degree possible, be the same as if the child's parents were living together. Chapter DCF 150 defines the income upon which the support obligation is based, and sets the percentages of income for computing the support obligation based upon a number of children. It also explains optional procedures for adjusting the obligation when the parents share placement, when the parent has an obligation to support another family, or when the payer has particularly high or low income. Applicability The percentage standard applies to any temporary and final order for child support, including chil d support stipulations agreed to by both parents and modifications of existing child support orders. When used to calculate family support, the amount determined under the standard should be increased by the amount necessary to provide a net family support payment, after state and federal income taxes are paid, of at least the amount of a child support payment under the standard. Definition of Income and Assets Chapter DCF 150 defines gross income as income from any source, whether or not it is reported or tax ed under federal law. The income can be in the form of money, property, or services. Public assistance or child support received from previous marriages or business expenses, which the court determines are reasonably necessary for the production of income or operation of a business are subtracted, and wages paid to dependent household member are added to determine "gross income available for child support." The court may also determine that income may be "imputed" (assumed at a given level) based on earning capacity and/or assets, and that imputed income is added to the gross income for the calculation of the support obligation. THE PERCENTAGE STANDARD The percentages are: 17% for one child 25% for two children 29% for three children 31% for four children 34% for five or more children Wisconsin Statutes require temporary and final support orders to be expressed as fixed sum in most situations. For further details, refer to Chapter DCF 150 of the Wisconsin Administrative Code and Wisconsin Sta tute 767 Actions Affecting the Family. (Choose “Wisconsin Law” on http://www.legis.state.wi.us ) Joint Petitioner A: Joint Petitioner B: Joint Petition – With Minor Children Page 7 of 7 Case No. FA-4110V, 05/17 Joint Petition-W ith Minor Children §§767.215 and 822.29, W isconsin Statutes This form shall not be modified. It may be supplemented with additional mat erial. Page 7 of 7 Statutory Factors Courts May Consider In Determining Child Support Awards for Paternity, Divorce, or Legal Separation §767.511, Child Support. (1m) Upon request by a party, the court may modify the amount of child support payments determined under §767.511(1j), if, after considering the following factors, the court finds by the gr eater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the p arties: (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 marri age 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 placem ent 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.