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Questions Answered by Jane E. Probst
1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Child Support: originally a 50/50 split between two kids. Now I have 85%. What is the best way to resolve this change

She lives in Minnesota and I live in Wisconsin with the kids.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 5, 2022

If the children have resided in Wisconsin for six months continuously, Wisconsin Law should control.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Wisconsin on
Q: Pregnant help

My 16 old

Son at this time and his 17 yr old gf pregnant when baby born she will be 18 he will be 17 lives in two differ

States him wisconsin her Minnesota if she places the baby for adoption does he have right to keep him or are his rights nothing

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 4, 2022

This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Badgercare after divorce as a health insurance?

Badgercare after divorce as a health insurance?

When I got divorced in 2011, I asked the judge to make me the provider of health coverage. I have physical custody of child. The legal father has chosen not to see child since divorce. And has had no contact. I have no clue if he has... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 27, 2022

It is considered acceptable to rely on Badgercare benefits yourpremiums for group health insurance coverage exceed 10% of your net disposable income. The State, on its own, may file a Motion to require the father to provide coverage for the minor children so as to reduce the cost to the tax... Read more »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Hello, can my children father claim our children for taxes after he been absent for over 3 year in his kids life?

He is taking me to court to reduce his child support amount and claim the kids on his taxe return. His child support is not consistent. Sometimes no payments for two months. I been doing everything for our children since he been absent for over 3 years. He blocked my number I couldn't get in... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 20, 2022

You can file your own Motion to modify the Order in which he is not entitled to any of the children as tax exemptions unless he is current in his child support obligation each year by the last day of the year. Also, if he does not have a valid reason to have his child support to be reduced, you... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: What are my options for divorce ? I have no job or money currently.
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 8, 2022

Depending on the length of marriage and disparity in earnings, you may be entitled to maintenance/support payments. You would need to file an Order to Show Cause for Temporary Order for a hearing for temporary maintenance. The Court will expect you to seek employment unless you are disabled.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Will my marriage be void if I remarry out of state?

I am currently getting my divorce finalized for the state of Texas. I spoke with a Texas attorney and was told I would have to wait 30 days to get remarried. I am fine with that. When I looked online for a Wisconsin marriage license, I saw that I would have to wait 6 months before I could get... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Sep 18, 2022

If you are divorced in the State of Texas, the law of that State will apply. That would mean that the waiting period to remarry would be controlled by the laws of that State, not Wisconsin.

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I remove someone from my child’s birth certificate if they are not the biological father
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 29, 2022

You would need to file a Paternity action for the adjudication of paternity for the biological father.

1 Answer | Asked in Family Law for Wisconsin on
Q: How to go about terminate parental rights of my son

I am not a stable person to be a mom. I'm always moving around. Can't work. Waiting for ssdi . Haven't been In his life all of his life. No communication with him or his dad in almost a year and all of my other kids got took from me. My mind is not right and my body isn't either

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 29, 2022

Whether you can terminate your parental rights is complicated. First, who has your child? Is it the father? Has he remarried? If so, he would need to be the one to petition for the termination of parental rights and a step-parent adoption. Someone needs to be able to step into your shoes as the... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: I was married moved out of the house and filed for divorce I want to know if I can go back in the house after leaving?

I went to the house on Saturday to get some more of my belongings in the locks were changed

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 15, 2022

Has there been a temporary Order entered awarding your spouse temporary use of the home? If not, you have the right to enter if you co-own the property. However, you may not engage in harassing behavior and must be respectful.

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 31, 2022

You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: What to do if other parents telling 10yr old about court hearings, child support, terms of visitation, etc. ?

Moms on limited visitation, 5 hrs e/o Sat&sun in public settings.2kids together.My 10 yr old is asking me about court dates coming up, child support, why they only see mom in public etc. Every time they come back from a visit something new is brought up that kids shouldn't be involved... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 19, 2022

Children are not to be told about Court proceedings. You should address this with the Court and Guardian ad Litem, if one is appointed.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the judicial assistant change the order 2 days before court?

I'm being held in contempt of court and I followed the purge instructions via the order. Now the judicial assistant called me and said that they need a certified letter dated two months back in order to prove that I mailed in documents to the irs. She did not ask me for this information during... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 7, 2022

It appears as though the Judicial assistant is trying to help you by requesting verification that you met a purge of your contempt.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: My children's mother just received a large divorce settlement from her next marriage. Can I claim child support on it?

no child support now. similar incomes. joint custody and placement.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 23, 2022

No. That is a property division that took place for assets after your marriage. Child support she would be paid from the recent marriage would be for the benefit of the children from that marriage. If she received income producing assets in the property division of the recent divorce, that... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Wisconsin on
Q: My ex husband was arrested for 1 947.01(1) Disorderly Conduct Misd. B Modifier: 968.075(1)(a) Domestic Abuse

Recently had a court date extended but had to pay a signature bond with conditions. The conditions. He was not to come in contact with my home, vehicle etc except texts to exchange kids. I have a text to prove he was in my home. Now what

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 22, 2022

You need to contact the police to report this. If he violates conditions of the signature bond, it will be revoked or modified.

1 Answer | Asked in Family Law for Wisconsin on
Q: My biological father and his wife are trying to get grandparent visitation orders from the court for minor child.

At mediation I said every other Saturday but I haven’t signed the papers yet. Can I not sign them and just go to court? Also I need a lawyer and I have to write an answer to chapter 802 Wisconsin statute. Don’t know how.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 13, 2022

A mediated agreement is not an Order of the Court until you have signed a Stipulation and it has been filed with the Court. Because of new grandparent visitation case law, grandparent visitation is not an automatic right. This is why you should consult with an experienced family law attorney.

1 Answer | Asked in Family Law for Wisconsin on
Q: How do I write a written answer to Chapter 802 of the state of Wisconsin Statutes.

I don’t have a lawyer as I can’t find one who does well I received a petition for grandparent visitation of minor child

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 13, 2022

In a written answer to the grandparent visitation, you need to respond in writing and admit or deny each allegation contained in the petition. You can then request dismissal of the action.

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: Child Support Payments?

My spouse and I are going through a divorce and child support is having me pay to my children's dad as he has open benefits from the government (foodshare). He does not work and is waiting on social security which has been pending for 2 some years. My questions is, if we were to drop the open... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 10, 2022

If this is a Wisconsin case, I can respond. If it is a Minnesota case, I do not know the law in Minnesot since I am not licensed to practice law in that State. In Wisconsin, the State has an interest in the child support proceedings if a party is receiving State benefits. If the recipient is no... Read more »

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