I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... Read more »
No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your...Read more »
Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.
Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... Read more »
If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses...Read more »
DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.
I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.
My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.
It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of...Read more »
The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... Read more »
While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the...Read more »
Just completing the paperwork is never as simple as people believe. Even if you are on good terms, there are many considerations that need to be taken into consideration such as retitling of property, calculation of support and custody and placement of children in some circumstances. It is always...Read more »
my husband left the marriage after 6 months. a few months later i met someone and had a baby. the baby is not my husband's who is asking for a divorce. why do i need to get a paternity test if the baby is not his?
Yes. If a child is born to you while you are legally married to someone else, that child is presumed to be a child of your marriage. The marital presumption would need to be overcome by DNA testing and a paternity case should be filed, naming the biological father as the actual parent.;
You could file a contempt motion against your ex. Most courthouses have clinics and you can find the forms online here: https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=56&SubCat=Post-judgment
First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... Read more »
If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.
My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... Read more »
I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no...Read more »
I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... Read more »
I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term...Read more »
There are many factors that a court will use to determine how parties share income or assets while a divorce is pending. Presumptively, all assets are marital and shared until the divorce is final, but the court has the authority to deviate from that on a temporary basis.
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