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GENERAL INSTRUCTIONS
1.
The "Petitioner" is the person in filed the original divorce or paternity action.
2.
The "Respondent" is the person against whom the original petition was filed.
3.
The “Case Number” is the Marathon County Case Number given to your original divorce or paternity proceedings.
4.
Print Clearly and Legibly. Both the other party and the court must be able to read it. You will need an original and at
least three (3) copies. The original goes in the court file. Two copies will be needed for each party to be served. You will
also want a copy.
5.
If the Child Support Agency is involved, they will also have to be served with any documents that concern changing or
enforcing child or family support.
6.
Your affidavit and any required financial disclosure statement must be signed before a notary public. A copy of the
financial disclosure statement must be filed on the other party and filled out by them.
7.
You will have to pay the filing and service fees. If you are found indigent, those fees may be waived by the court. If you
think this applies to you, discuss it with the clerk.
ACTIONS CONCERNING CUSTODY or PLACEMENT
1.
If these issues were before the court within the last two years, you will have an exceedingly high burden of proof. This is
because the best interest of the children favors stability in these decisions and hence change within two years is
discouraged by law.
2.
Unless mediation occurred within the last two years, these actions will be referred to Mediation to see if you can work out
the differences.
3.
If unsuccessful, an attorney must be appointed as guardian ad litem to represent the children, even if you do not have an
attorney. A deposit of $750 will have to be paid before a guardian ad litem is appointed. The Court Commissioner will
decide who has to pay it and how but usually the moving party must pay at least a share, if not all, of this deposit. If not
paid as ordered, the motion may be dismissed.
4.
Changing custody is especially difficult, with different factors and burdens depending upon the length of time from the last
custody determination. Therefore, an attorney is strongly recommended in these types of actions.
ACTIONS RE UNINSURED MEDICAL & DENTAL EXPENSES
1.
The packet contains a chart in which the uninsured medical expenses sought can be itemized and the amount the other
parent owes set forth.
2.
Complete this form and give to the other parent. See if a repayment schedule can be agreed to. If the other parent wants
copies of the bills, provide them.
3.
If you cannot agree or the payments are not made, you can just attach this form to the affidavit when you commence the
action.
4.
At the time of the hearing, you will need the medical/dental bills that back up your statement. It is the medical/dental bills
that must be introduced into evidence at a contested hearing.
5.
For uninsured orthodontia expenses, it is usually best to modify the judgment providing payment before the work is started.
Often the necessity of the expense may be an issue. If you incur the expense and the court later determines that it was not
necessary, you will have to pay the entire bill yourself.
Forms\ProSe Instructions
Rev May10

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