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Questions Answered by Jane E. Probst
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
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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.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm not being allowed to continue help raise my deceased son's kids, his dying wish. Kids I raised pretty much everyday

I'm being denied for no apparent reason other than the mom trying to hurt me, played the same game with my son before his suicide May 13, 2021. The kids have been pretty much here since that day, and the other time spent at the Grandpa's house because the mom refuses to return the... Read more »

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

If he mother is denying you contact with the children, you may file a motion for visitation pursuant to Wis. Stat. Sec. 767.43.

1 Answer | Asked in Divorce for Wisconsin on
Q: If I paid half of the mortgage during our marriage am I entitled to half the gain in equity accrued during that time?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 15, 2022

Yes, if the home is a marital asset, the equity is deemed to be equally divided, unless there is a prenuptial agreement in place providing otherwise.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: What do I do? my godson has been with me since October 2020 his mom drop him off and I've been taking care w/ no supp.

Mom still gets foodshare and received child tax credits, but when I filed him on my taxes this year she started threatening me but he still is here and goes to school from here.

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

You can file a petition for guardianship since she has left the child in your care for such a long time. She would have a right to visit with the child, but she would also have an obligation for payment of support.

1 Answer | Asked in Divorce for Wisconsin on
Q: I married a man from Mexico 9 years ago. Almost 4 years ago I found out he is still married with children. Is ours valid

We've been separated almost 4 years now. He even has a girlfriend in Mexico along with his wifr

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 8, 2022

If he was still legally married at the time you married him, your marriage is not valid. You will need an annulment.

1 Answer | Asked in Adoption and Family Law for Wisconsin on
Q: How does a father sign over his rights?

My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.

I have no idea what paperwork needs to be filled... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 22, 2021

It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My girlfriend has a baby with another man and they are in child custody court. The father is saying I can't be around

I have a record and he is saying I can't be around the child. But I've been out of trouble.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 10, 2021

Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the guardians of my child deny me visitation and all forms of communication without approval from a judge?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 16, 2021

If they have guardiandship, the answer is yes, absent a court order.

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