What happens when a paying spouse decides to relocate?

If a paying spouse decides to relocate in Wisconsin, the law requires that the relocation cannot be used as a means to avoid spousal support payments. The paying spouse will need to request a modification of his/her existing court order. This modification must be sought through a court proceeding and should be done before moving. The court will need to take into consideration the details of the relocation in order to determine whether or not a modification is warranted and how the current spousal support arrangement should be changed. If the court is unable to modify the existing court order, the paying spouse must still pay spousal support to the receiving spouse as the court order directs. The paying spouse can also seek court permission to suspend or terminate payments if he/she can show that the relocation has affected his/her ability to pay. The receiving spouse may also object to the relocation and file a motion to enforce pre-existing orders or seek additional payments due to the relocation. Ultimately, each party should consult an experienced attorney for assistance in navigating changes to their spousal support arrangement due to relocation. A judge will consider the best interests of both parties in making any decisions or modifications to the spousal support payment structure.

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What happens when a paying spouse decides to relocate?

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