Statute: 767.32
767.32 Revision of certain judgments. (1) (a) After a
judgment or order providing for child support under this chapter or s.
48355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2)
(b) 4., 938.357 (5m) (a), 938.363 (2) or 948.22 (7), maintenance payments
under s. 767.26 or family support payments under this chapter, or for
the appointment of trustees under s.767.31, the court may, from time
to time, on the petition, motion or order to show cause of either of
the parties, or upon the petition, motion or order to show cause of the
department, a county department under s. 46.215, 46.22 or 46.23 or a
county child support agency under s. 59.53 (5) if an assignment has been
made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h)
or 49.45 (19) or if either party or their minor children receive aid
under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the family
court commissioner, revise and alter such judgment or order respecting
the amount of such maintenance or child support and the payment thereof,
and also respecting the appropriation and payment of the principal and
income of the property so held in trust, and may make any judgment or
order respecting any of the matters that such court might have made in
the original action, except that a judgment or order that waives maintenance
payments for either party shall not thereafter be revised or altered
in that respect nor shall the provisions of a judgment or order with
respect to final division of property be subject to revision or modification.
A revision, under this section, of a judgment or order with respect to
an amount of child or family support may be made only upon a finding
of a substantial change in circumstances. In any action under this section
to revise a judgment or order with respect to maintenance payments, a
substantial change in the cost of living by
either party or as measured by the federal bureau of labor statistics
may be sufficient to justify a revision of judgment or order with respect
to the amount of maintenance, except that a change in an obligor's
cost of living is not in itself sufficient if payments are expressed
as a percentage of income.
(b) In any action under this section to
revise a judgment or order with respect loan amount of child support,
any of the following shall constitute a rebuttable presumption of a
substantial change in circumstances sufficient to justify a revision
of the judgment or order:
1. Commencement of receipt of aid to families with dependent children
under s. 49.19 or participation in Wisconsin works under ss. 49.141 to
49.161 by either parent since the entry of the last child support order,
including a revision of a child support order under this section.
2. Unless the amount of child support is expressed in the judgment or
order as a percentage of parental income, the expiration of 33 months
after the date of the entry of the last child support order, including
a revision of a child support order under this section.
3. Failure of the payer to furnish a timely disclosure under s. 767.27
(2m).
4. A difference between the amount of child support ordered by the court
to be paid by the payer and the amount that the payer would have been
required to pay based on the percentage standard established by the department
under s. 49.22 (9) if the court did not use the percentage standard in
determining the child support payments and did not provide the information
required under s. 46.10 (14) (d), 301.12 (14) (d) or 767.25 (in), whichever
is appropriate.
(C) In any action under this section to revise a judgment or order with
respect to an amount of child support, any of the following may constitute
a substantial change of circumstances sufficient to justify revision
of the judgment or order.
1. Unless the amount of child support is expressed in the judgment or
order as a percentage of parental income, a change in the payer's income,
evidenced by information received under s. 49.22 (2m) by the department
or the county child support agency under s. 59.53 (5) or by other information,
from the payer's income determined by the court in its most recent judgment
or order for child support, including a revision of a child support order
under this section.
2. A change in the needs of the child.
3. A change in the payer's earning capacity.
4. Any other factor that the court determines is relevant.
(1 m) In an action under sub. (1) to revise a judgment or order with
respect to child support, maintenance payments or family support payments,
the court may not revise the amount of child support, maintenance payments
or family support payments due, or an amount of arrearages in child support,
maintenance payments or family support payments that has accrued, prior
to the date that notice of the action is given to the respondent, except
to correct previous errors in calculations.
(1m) “except to correct previews errors in calculations.” It would have
to be a miracle if anyone could show or force Judge Mary K. Wagner to
take an honest, fair, and just look at the statutes, facts, and figures.
I believe she refuses to even accept statutes that would prove her mistakes
all along in this case. She is totally wrong and too proud or stubborn
to admit it.