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Findings Of Fact, Conclusions Of Law, And Judgment With Minor Children Form. This is a Wisconsin form and can be use in Circuit Court Statewide.
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Enter the name of the
county in which this case
is filed.
Enter the name of the
petitioner. If joint
petitioners, enter the name
of the wife.
For Official Use
STATE OF WISCONSIN, CIRCUIT COURT,
COUNTY
In RE: The marriage of
Petitioner/Joint Petitioner-Wife:
First name
Middle name
Last name
and
Enter the name of the
respondent. If joint
petitioners, enter the name
of the husband.
Check divorce or legal
separation.
First name
Findings of Fact,
Conclusions of Law, and
Judgment
Respondent/Joint Petitioner-Husband:
With Minor Children
Middle name
Last name
Divorce-40101
Legal Separation-40201
Enter the case number.
Case No.
FINAL HEARING
Enter the name of the
court official who
granted the judgment
and the address and date
[month, day, year] on
which it was granted.
A final hearing was conducted in this matter as follows:
1. Before
Circuit Court Judge or Circuit Court Commissioner
2. Location
3. Date
Check one box from 1
and check a or b.
If b, enter the name of
the attorney.
Check one box from 2
and check a or b.
If b, enter the name of
the attorney.
Check a, b, c, or d.
If b, c, or d, enter the
name of the individual
who appeared.
APPEARANCES
1. Wife:
appeared by phone
appeared in person
was self-represented.
a.
was represented by Attorney
b.
2. Husband:
appeared by phone
appeared in person
was self-represented.
a.
was represented by Attorney
b.
did not appear
AND
.
did not appear AND
.
3. Others appearing at the hearing:
None.
a.
Child Support Agency by
b.
Guardian ad Litem (GAL)
c.
Other:
d.
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
This form shall not be modified. It may be supplemented with additional material.
Page 1 of 9
.
.
.
§767.251, Wisconsin Statutes
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FINDINGS OF FACT
A. Jurisdiction
1. All necessary parties have been properly served and 120 days have lapsed since the
filing of the joint petition or the date of service of the summons and petition, whichever applies.
Check a or b.
2. At the time of the final hearing, the parties requested a:
Divorce. The court finds the marriage is irretrievably broken.
a.
Legal Separation. The court finds the marital relationship is broken and acceptable
b.
reasons have been given to the court for the request.
3. All jurisdictional requirements for a judgment have been met.
Enter the requested
information about the
wife. If you do not know
an answer, enter
“unknown” in the blank.
Enter the requested
information about the
husband. If you do not
know an answer, enter
“unknown” in the blank.
Enter the name and date
of birth [month, day,
year] for each minor
child. If there are no
minor children, check
None.
Enter the name and date
of birth for each adult
child. If you and your
spouse have no adult
children, check None.
B. Parties (as of the date of the final hearing)
1. The wife in this action is:
Name
Address
Address
State
City
Date of birth
Gross monthly income $
2. The husband in this action is:
Name
Address
Address
City
Date of birth
Gross monthly income $
State
Zip
Zip
C. Children
1. The minor children (age 17 or younger) born to or adopted by the parties before or during
the marriage are:
None
Name of Child
Date of Birth
2. The adult children (age 18 or older) born to or adopted by the parties before or during the
marriage are:
None
Name of Child
Date of Birth
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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3. Other children born to the wife during the marriage are:
None
Name of Child
Check a or b.
If b, check 1 or 2.
If 2, check A or B.
If B, enter the name of the
county and state in which
the case is pending and
write the case number
assigned to it.
Date of Birth
The Court makes a finding
that this child:
Is NOT the
IS the
husband’s.
husband’s.
4. The wife:
is not currently pregnant.
a.
is currently pregnant and:
b.
the husband is found to be the father.
1.
the husband is not found to be the father and the marital presumption in
2.
ch. 891.41(2), Wis. Stats. has been rebutted.
A paternity case is not pending.
A.
county in the
A paternity case is pending in
B.
with
state of
.
case number
5. The present best interests of the minor children are best served by awarding legal custody
and physical placement as set forth in the attached Marital Settlement Agreement or
Proposed Marital Settlement.
D. The parties’ assets, their interests, values and their encumbrances and debts are found to be
as stated in the Financial Disclosure Statements, which were updated as required by statute on
the record at the time of trial and are on file.
E. A Marital Settlement Agreement or Proposed Marital Settlement has been submitted, the
party(s) have asked that it be approved by the Court. All parties present have been informed
of the legal consequences if the court approves the document in whole or in part.
If maintenance was not
previously ordered,
check “None”.
Check a, b, or c.
If c, check 1 or 2 and
enter the interest rate
amount of the monthly
payment and the month
and year the payments
shall begin.
If child support was not
previously ordered, check
“None”.
Check a, b, or c.
If c, check 1 or 2 and enter
the interest rate amount of
the monthly payment and
the month and year the
payments shall begin.
F. Arrearages
1. Past Due Maintenance:
The amount of the past due arrearages for maintenance at the time of the final hearing is:
none (zero).
a.
as agreed in the Marital Settlement Agreement.
b.
% per year and shall be paid as:
, which shall earn interest at the rate of
$
c.
.
a one-time payment to the WI SCTF no later than (date)
1.
through income withholding by the WI SCTF in the amount of $
2.
,
per month beginning the first day of the month of
until the arrearages are paid in full.
20
2. Past Due Child Support:
The amount of the past due arrearages for child support at the time of the final hearing is:
none (zero).
a.
as agreed in the Marital Settlement Agreement.
b.
which shall earn interest at the statutory rate and shall be paid as:
$
c.
.
a one-time payment to the WI SCTF no later than (date)
1.
through income withholding by the WI SCTF in the amount of $
2.
,
per month beginning the first day of the month of
until the arrearages are paid in full.
20
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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Case No.
CONCLUSIONS OF LAW AND JUDGMENT
Check 1 or 2.
A. The Court grants a judgment of:
Divorce: The marriage between the parties is dissolved and the parties are divorced
1.
other date:
date of hearing.
effective on
If 1, enter the effective
date.
If 2, enter the effective
date.
2.
The parties are informed by the court that under §765.03(2), Wis. Stats.:
It is unlawful for any person who is or has been a party to an action of divorce in
any court in this state, or elsewhere, to marry again until six months after judgment
of divorce is granted, and the marriage of any such person solemnized before the
expiration of six months from the date of the granting of judgment of divorce shall
be void.
Legal Separation: The marital relationship is broken and the parties are granted a
other date:
date of hearing.
judgment of legal separation effective on
The parties are informed by the court that under §767.35, Wis. Stats.:
In case of reconciliation, at any time, the parties may apply for a
revocation of the judgment of legal separation.
The court shall convert the decree to a decree of divorce:
by stipulation of both parties at any time, OR
upon motion of either party not earlier than one year after entry of a
decree of legal separation.
Check 1, 2, or 3. For 1
or 2, enter the date
[month, day, year] that
the party(s) signed the
checked document.
If 2, check wife or
husband.
If the court made
changes to 1 or 2,
write them in the space
provided.
B. Final Orders
The:
Marital Settlement Agreement dated
1.
husband
wife
of the
Proposed Marital Settlement dated
2.
is approved, attached and made the judgment of the court except as changed below:
3.
No Marital Settlement Agreement or Proposed Marital Settlement was approved by
the court. A Divorce Judgment Addendum has been prepared to reflect the Judges’
orders.
C. Lis Pendens
Any Lis Pendens filed in this action is released.
Check 1, 2, or 3.
If 2 or 3, enter the
former legal surname.
D. Legal Name Restoration
Neither party is awarded the right to use a former legal surname.
1.
The wife is awarded the right to use a former legal surname of
2.
The husband is awarded the right to use a former legal surname of
3.
Note: If this is an action for legal separation, the court cannot allow a spouse to resume a former legal
surname unless and until the judgment is converted to a divorce.
E. Child Legal Custody and Physical Placement
1. A person who is awarded periods of physical placement, a child of such a person, a person
with visitation rights, or a person with physical custody of a child may notify the Circuit Court
Commissioner of any problem he or she has relating to any of these matters. Upon
notification, the Circuit Court Commissioner may refer any person involved in the matter to
the Director of Circuit Court Counseling Services for mediation to assist in resolving the
problem.
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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2. In a sole legal custody arrangement, the parent not granted sole legal custody, shall file a
medical history form with the court in compliance with §767.41(7m), Wis. Stats.
3. Both parties shall have access to the minor child(ren’s) educational records pursuant to
§118.125. Wis. Stats.
4. Change of Residence of Children. Notice is given of the provisions of §767.481, Wis. Stats.:
§767.481 Moving the child’s residence within or outside the state.
(1) NOTICE TO OTHER PARENT. (a) If the court grants periods of physical placement to more than
one parent, it shall order a parent with legal custody of and physical placement rights to a child to
provide not less than 60 days written notice to the other parent, with a copy to the court, of his or her
intent to:
1. Establish his or her legal residence with the child at any location outside the state.
2. Establish his or her legal residence with the child at any location within this state that is at a
distance of 150 miles or more from the other parent.
3. Remove the child from this state for more than 90 consecutive days.
(b) The parent shall send the notice under par. (a) by certified mail. The notice shall state the
parent’s proposed action, including the specific date and location of the move or specific beginning
and ending dates and location of the removal, and that the other parent may object within the time
specified in sub. (2) (a).
(2) OBJECTION: PROHIBITION; MEDIATION. (a) Within 15 days after receiving the notice under
sub. (1), the other parent may send to the parent proposing the move or removal, with a copy to the
court, a written notice of objection to the proposed action.
(b) If the parent who is proposing the move or removal receives a notice of objection under par. (a)
within 20 days after sending a notice under sub. (1)(a), the parent may not move with or remove the
child pending resolution of the dispute, or final order of the court under sub. (3), unless the parent
obtains a temporary order to do so under s. 767.225.
(c) Upon receipt of a copy of a notice of objection under par. (a), the circuit court commissioner shall
promptly refer the parents for mediation or other family court counseling services under s. 767.405
and may appoint a guardian ad litem. Unless the parents agree to extend the time period, if mediation
or counseling services do not resolve the dispute within 30 days after referral, the matter shall
proceed under subs. (3) to (5).
(3) STANDARDS FOR MODIFICATION OR PROHIBITION IF MOVE OR REMOVAL
CONTESTED. (a) 1. Except as provided under par. (b), if the parent proposing the move or removal
has sole legal or joint legal custody, of the child and the child resides with that parent for the greater
period of time, the parent objecting to the move or removal may file a petition, motion, or order to show
cause for modification of the legal custody or physical placement order affecting the child. The court
may modify the legal custody or physical placement order if, after considering the factor under sub. (5),
the court finds all of the following:
a. The modification is in the best interest of the child.
b. The move or removal will result in a substantial change of circumstances since the entry of last
order affecting legal custody or the last order substantially affecting physical placement.
2. With respect to subd. 1:
a. There is rebuttable presumption that continuing the current allocation of decision making under a
legal custody order or continuing the child’s physical placement with the parent with whom the child
resides for the greater period of time is in the best interest of the child. This presumption may be
overcome by a showing that the move or removal is unreasonable and not in the best interest of the
child.
b. A change in the economic circumstances or marital status of either party is not sufficient to
meet the standards for modification under that subdivision.
3. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.
(b) 1. If the parents have joint legal custody and substantially equal periods of physical
placement with the child, either parent may file a petition, motion or order to show cause for
modification of the legal custody or physical placement order. The court may modify an order of
legal custody or physical placement if, after considering the factors under sub. (5) , the court finds all
of the following:
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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a. Circumstances make it impractical for the parties to continue to have substantially equal
periods of physical placement.
b. The modification is in the best interest of the child.
2. Under this paragraph, the burden of proof is on the parent filing the petition, motion or order
to show cause.
(c) 1. If that parent proposing the move or removal has sole legal or joint legal custody of the
child and the child resides with that parent for the greater period of time or the parents have
substantially equal periods of physical placement with the child, as an alternative to the petition,
motion or order to show cause under par. (a) or (b), the parent objecting to the move or removal may
file a petition, motion or order to show cause for an order prohibiting the move or removal. The court
may prohibit the move or removal if, after considering the factors under sub. (5), the court finds that
the prohibition is in the best interest of the child.
2. Under this paragraph, the burden of proof is on the parent objecting to the move or removal.
(4) GUARDIAN AD LITEM; PROMPT HEARING. After a petition, motion or order to show cause is
filed under sub. (3), the court shall appoint a guardian ad litem, unless s. 767.407(1)(am) applies, and shall
hold a hearing as soon as possible.
(5) FACTORS IN COURT’S DETERMINATION. In making its determination under sub. (3), the court
shall consider all of the following factors:
(a) Whether the purpose of the proposed action is reasonable.
(b) The nature and extent of the child’s relationship with the other parent and the disruption to that
relationship which the proposed action may cause.
(c) The availability of alternative arrangements to foster and continue the child’s relationship with
and access to the other parent.
(5m) DISCRETIONARY FACTORS TO CONSIDER. In making a determination under sub. (3),
the court may consider the child’s adjustment to the home, school, religion and community.
(6) NOTICE REQUIRED FOR OTHER REMOVALS. (a) Unless the parents agree otherwise, a parent
with legal custody and physical placement rights shall notify the other parent before removing the child
from his or her primary residence for a period of not less than 14 days.
(b) Notwithstanding par. (a), if notice is required under sub. (1), a parent shall comply with sub. (1).
(c) Except as provided in par. (b), subs. (1) to (5) do not apply to a notice provided under par. (a).
(7) APPLICABILITY. Notwithstanding 1987 Wisconsin Act 355, section 73, as affected by 1987
Wisconsin Act 364, the parties may agree to the adjudication of a modification of legal custody or physical
placement order under this section in an action affecting the family that is pending on May 3, 1988.
5. Parties are notified of the provisions of ch. 948.31, Wis. Stats. as follows:
948.31
Interference with custody by parent or others.
(1)
(a) In this subsection, “legal custodian of a child” means:
1. A parent or other person having legal custody of the child under an order or judgment in an action
for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus.
2. The department of children and families or the department of corrections or any person, county
department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision
of the child has been transferred under ch. 48 or 938 to that department, person or agency.
(b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave,
takes a child away or withholds a child for more than 12 hours beyond the court-approved period of
physical placement or visitation period from a legal custodian with intent to deprive the custodian of
his or her custody rights without the consent of the custodian is guilty of a Class F felony. This
paragraph is not applicable if the Court has entered an order authorizing the person to so take or
withhold the child. The fact that joint legal custody has been awarded to both parents by a court does
not preclude a court from finding that one parent has committed a violation of this paragraph.
(2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours
from the child’s parents or, in the case of a nonmarital child whose parents do not subsequently
intermarry under s. 767.803, from the child’s mother or, if he has been granted legal custody, the
child’s father, without the consent of the parents, the mother or the father with legal custody, is guilty
of a Class I felony. This subsection is not applicable if the legal custody has been granted by court
order to the person taking or withholding the child.
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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(3) Any parent, or any person acting pursuant to directions from the parent, who does any of the
following is guilty of a Class F felony:
(a) Intentionally conceals a child from the child’s other parent.
(b) After being served with process in an action affecting the family but prior to the issuance of a
temporary or final order determining child custody rights, takes the child or causes the child to leave
with intent to deprive the other parent of physical custody as defined in s. 822.02(9).
(c) After issuance of a temporary or final order specifying joint legal custody rights and periods of
physical placement, takes a child from or causes a child to leave the other parent in violation of the
order or withholds a child for more than 12 hours beyond the court-approved period of physical
placement or visitation period.
(4) (a) It is an affirmative defense to prosecution for violation of this section if the action:
1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in
which the parent or authorized person reasonably believes that there is a threat of physical harm or
sexual assault to the child;
2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a
threat of physical harm or sexual assault to himself or herself;
3. Is consented to by the other parent or any other person or agency having legal custody of the child;
or
4. Is otherwise authorized by law.
(b) A defendant who raises an affirmative defense has the burden of proving the defense by a
preponderance of the evidence.
(5) The venue of an action under this section is prescribed in s. 971.19(18).
which incurred the expense on a prorated basis. Upon the application of any interested party, the court
shall hold an evidentiary hearing to determine the amount of reasonable expenses.
(6) In addition to any other penalties provided for violation of this section, a court may order a violator
to pay restitution, regardless of whether the violator is placed on probation under s.973.09, to provide
reimbursement for any reasonable expenses incurred by any person or any governmental entity
locating and returning the child. Any such amounts paid by the violator shall be paid to the person or
governmental entity which incurred the expense on a prorated basis. Upon the application of any
interested party, the court shall hold an evidentiary hearing to determine the amount of reasonable
expenses.
F. Child Support/Maintenance/Family Support
1. Pursuant to §767.75, Wis. Stats., this judgment constitutes an immediate assignment of all
commissions, earnings, salaries, wages, pension benefits, benefits under Chapter 102 or
108, and other money due or to be due in the future, to the WI SCTF. The assignment shall
be for an amount sufficient to ensure payment under this judgment, so long as the addition
of the amount toward arrears does not leave the party at an income below the poverty line
established under 42 USC 9902(2).
2. Pursuant to §767.57(1)(a), Wis. Stats., all payments for child support and/or maintenance
ordered shall note the case number and the names of the parties on the face of the check,
should be made payable to WI SCTF, and sent to:
Wisconsin Support Collections Trust Fund
Box 74200
Milwaukee, WI 53274-0200.
The WI SCTF will transmit the payments to the proper persons entitled to them.
Failure of an employer to pay the proper amount shall not be a defense for failure to pay the
proper amount. If an employer fails to take out the correct amount for child support and/or
maintenance, the party paying is responsible for paying the full and correct amount directly to
WI SCTF.
Pursuant to §767.57(1e), Wis. Stats., the party making payment for child support and/or
maintenance is responsible for payment of the annual receiving and disbursing fee to WI
SCTF.
Pursuant to §767.57(1e)(c), Wis. Stats., an annual fee will be deducted by WI SCTF from
payments to recipients of child support or family support.
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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3. Both parties shall notify, in writing, the other party and the Clerk of Court and the Child
Support Agency of the county in which this action is filed, within 10 business days, of any
change of employer and employer’s address, and of any substantial change in the amount
of his/her income, including receipt of bonus compensation, such that his/her ability to pay
support is affected. Notification of any substantial change in the amount of the payer’s
income will not result in a change in the order unless a revision or adjustment of the order is
sought.
4. A party ordered to pay child support or family support shall pay simple interest at the rate of
1% per month (12% per year) on any amount in arrears that is equal to or greater than the
amount of support due in 1 month. If there is no current order, interest shall accrue on the
balances due.
5. Pursuant to §767.75, Wis. Stats., a withholding assignment or order under this section has
priority over any other assignment, garnishment, or similar legal process under Wisconsin
law. The employer shall not withhold more of the employee’s disposable income than
allowed pursuant to the Federal Consumer Credit Protection Act unless the employee
agrees to have the full amount withheld. No employer may use an assignment under this
section to deny employment, or to discharge or take disciplinary action against an
employee.
6. Pursuant to §767.54, Wis. Stats., if the court orders child support the parties shall annually
exchange financial information. A party who fails to furnish the information as required by
the court under this subsection may be proceeded against for contempt of court under ch.
785, Wis. Stats. If the court finds that a party has failed to furnish the information required
under this subsection, the court may award to the party bringing the action costs and,
notwithstanding §814.04(1), Wis. Stats., reasonable attorney fees. Failure by a party to
timely file a complete disclosure statement as required hereunder shall authorize the court
to accept as accurate any information provided in the statement of the other party or
obtained under §49.22(2m), Wis. Stats. by WI SCTF or the county child support agency
under §59.53(5), Wis. Stats.
G.
Property Division
Notice is given of the provisions of §767.61 (5) (a) and (b) and §767.61(6), Wis. Stats.:
The parties shall transfer title to property of the parties as necessary, in accordance with the
division of property set forth in the judgment.
The parties are notified that:
1. it may be necessary for the parties to take additional actions in order to transfer
interests in their property in accordance with the division of property set forth in the
judgment, including such interests as interests in real property, interests in retirement
benefits, and contractual interests.
2. the judgment does not necessarily affect the ability of a creditor to proceed against a
party or against that party's property even though the party is not responsible for the
debt under the terms of the judgment.
3. an instrument executed by a party before the judgment naming the other party as a
beneficiary is not necessarily affected by the judgment and it may be necessary to
revise the instrument if a change in beneficiary is desired.
4. a deed consistent with the judgment or a certified copy of the portion of the judgment
affecting title to real property shall be recorded in the office of the register of deeds of
the county in which the real property is located.
H.
Court Ordered Fees
All payments of attorney fees shall be paid directly to the attorney or to the agency providing
services which may enforce the order in its name.
All payment of Guardian ad Litem (GAL) fees or fees for family court services shall be paid
directly to the GAL or the agency which may enforce the order.
I.
Restraining Order
Both parties are restrained from interfering with the personal liberty of the other.
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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J.
Non-Compliance
Disobedience of the court orders is punishable under ch. 785 Wis. Stats. by commitment to the
county jail until the judgment is complied with and the costs and expense of the proceedings
are paid or until the party committed is otherwise discharged, according to law.
K.
Entry of Judgment
The Clerk of Court’s office, per §806.06(1)(2), Wis. Stats., shall enter this judgment by affixing
a file stamp that is dated.
THIS IS A FINAL JUDGMENT/ORDER FOR PURPOSES OF APPEAL.
BY THE COURT:
Circuit Court Judge/Circuit Court Commissioner
For Court Use Only
Print or Type Name
Date
APPROVED AS TO FORM BY:
¡
¡
All parties to the action
should approve how
accurately the form has
been completed before the
judge signs it. The parties
must approve by signing
in the space to the right.
Petitioner/Joint Petitioner-Wife
Respondent/Joint Petitioner-Husband
Child Support Agency Representative
Guardian ad Litem (if necessary)
Attorney Bar Number
Attorney Bar Number
FA-4160V, 01/09 Findings of Fact, Conclusions of Law, and Judgment-With Minor Children
§767.251, Wisconsin Statutes
This form shall not be modified. It may be supplemented with additional material.
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