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Questions Answered by Jane E. Probst
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
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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
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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 »

1 Answer | Asked in Domestic Violence, Family Law and Civil Litigation for Wisconsin on
Q: Hi I was just wondering if I can get some help with a temporary restraining order that I got served on Saturday
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 8, 2022

You will need to contact a local attorney to discuss your matter in more detail.

1 Answer | Asked in Child Support for Wisconsin on
Q: i recently got intouch with my birth father and he says he paid child support to the state but my mother and i got none

How can we obtain this or can we even now that im 42. i was born in wisconsin and he resides there as well if that helps.

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

Your mother would need to contact Child Support Enforcement in the County in which it was paid to obtain a payment history.

1 Answer | Asked in Child Support for Wisconsin on
Q: Wisconsin. Wife is dyslexic and missed child support hearing yesterday. Court gave ex a free pass. What can she do?

THe ex husband has been able to afford killer attorneys and he has used his military service to skate on responsibilities. She was prepared for this hearing with inargualble facts about why he should be paying child support, he makes plenty of money and we have the kids 10 months of the year. The... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 11, 2022

If she missed a hearing, she is found to be in default, thus allowing the husband to obtain the relief he seeks or dismissing her motion. If the Commissioner entered the Order, a Motion for De Novo Review can be filed as long as it is filed within the time limits in this county pursuant to Local... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I want to know how I can keep my financial information from the attorney for my girlfriends X husbands lawyer.

We live together and he approached her that he would not change her alimony and 3 years later he changed his mind. he wants to know my financials. I explained to him I would give it to the judge so they cant see it.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 28, 2022

If you have continuously resided together for three years, her ex probably is going to argue that your girlfriend is living in a marital like relationship in which you are not wed simply to avoid a termination of maintenance. There is case law providing that marriage can be terminated if the... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: In Wisconsin can child support payments increase instead of decrease from a judge during a child support appeal?

Can the judge decide to increase instead of decrease payment amounts during a child support appeal in Wisconsin?

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 9, 2022

Are you talking about a Motion for De Novo Review? If so, if there is a request for modification, the modification can be either a decrease or an increase. If this is to go to the Court of Appeals, the decision is remanded to the trial Court for determination if the prior trial court decision was... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.

My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Mar 9, 2022

There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.

1 Answer | Asked in Child Support for Wisconsin on
Q: Can my child support amount be lowered?

I pay child support for my first child, 50/50 joint custody, but I have a new baby by a different mother, and she has a new baby by a different father.

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

No. The first children born with a support order take priority.

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