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Questions Answered by Jane E. Probst
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... View More

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... View More

Jane E. Probst
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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... View 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... View 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... View 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.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: Does the father of a child have the right to pursue legal action if the mother decides to date another man?

Me and my girlfriend have decided to announce that we are officially a couple and want to pursue a relationship with one another. She is the mother of a two year old daughter. The father of the child is trying to pursue legal action to take her daughter away because of this. In fact he attempted to... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 9, 2023

Unless he can show that your involvement with the mother and child are harmful to the child's best interests, there is nothing he can do.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I was divorced in Racine County 4/2023. Used mediation. Husband had workman's comp suit filed during our marriage. It be

Came final 1 month after. I can't afford lawyer to get my portion. I have asked him for 35% or $16K roughly. No response. I now live in AZ. Please advise.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Sep 24, 2023

You would need to file a Motion to Reopen the judgment based upon newly discovered evidence. These are not simple, and you really should contact an attorney for assistance.

1 Answer | Asked in Child Custody for Wisconsin on
Q: What happens if the petitioner is unable to uphold a Temporary Order for Child Custody drafted by their attorney?

Divorce 5 years, petitioner agreed to supervised visitations they pay for. I am the respondent.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Sep 8, 2023

It depends on whether the temporary order was filed so it is enforceable. If it is, and the Petitioner is not following the Order, you could file a Motion for Contempt.

1 Answer | Asked in Divorce for Wisconsin on
Q: Wondering about my exhusband and what to do if he changed his life insurance beneficiary to his new wife?

This is what our MSA states: LIFE INSURANCE. Effective as ofthe date of final hearing, each party shall continue to

maintain (a) the life insurance available through his or her employment and (b) the current

NML policies on their respective lives (which have present death benefits... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 21, 2023

If he has changed it, you need to file a motion for contempt.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Wisconsin on
Q: How do i make a case stronger when it comes to proving child abuse happening against my 2 year old from her dad

I filed a TRO for my daughter due to 3 witnesses stepping forward to abuse they saw, heard or were told about that was happening to my 2 year old. I took it to court but i lost the case and they told me i didn't have enough evidence and that spanking a child was not against the law. my child... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 1, 2023

Sometimes, depending on the age of your child, the best thing to do is to find a therapist for your child. A Therapist is a mandatory reporter for abuse and would be able to have much more insight and credibility.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the other parent get custody of child if this parent never had custody or is on the birth certificate
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jun 14, 2023

The other parent would need to file a petition to be adjudicated the parent of thie child.

1 Answer | Asked in Child Support for Wisconsin on
Q: Is child support taken from gross or net pay? I understand its calculated from gross. Where is it taken from?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 22, 2023

It is calculated from the payor's gross pay.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Order states "7 day vacation in conjunction to the already scheduled 4 days." Is that 4 scheduled days PLUS the 7?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 21, 2023

This is rather awkward wording. It appears that it would be seven days in addition to four days. This is surprising because most Marital Settlement Agreements state that you need to schedule your vacation over your scheduled weekend of placement.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can I go after my ex for more support if he is in probate and expecting an inheritance?

Wisconsin can a modify support

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 5, 2023

An inheritance is considered separate property and not for maintenance. I

1 Answer | Asked in Family Law for Wisconsin on
Q: Does a Family Court Commissioner have the authority to order that I file my tax return by specific date?

FCC entered an order stating I had to file my tax return by specific date and provide it to the other parents lawyer within 10 days of it being filed so they can determine the attorney's fees I will have to pay. The order says I have to pay attorney fees, but does not state the amount I will... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 22, 2023

Yes, the Commissioner may enter such an Order if there is an award of attorneys fees and the Commissioner is looking for a source of money from you from which to pay.

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: My Ex doesn’t want me to get anything out of our divorce. We 2 kids and they live me. What can I do?

He is living in the house and I’m in section 8 living. He sees the kids about every other weekend. He doesn’t help with money or anything. He thinks I don’t deserve anything. Even his kids it seems. We have been separated over a year and I filed divorce papers last March.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 7, 2023

You need to file a Motion for a Temporary Order for custody and child support.

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

1 Answer | Asked in Divorce for Wisconsin on
Q: I’m thinking about divorcing my husband in 30 years. We’re both retired. Would he have to pay me maintenance?

My husbands always made double the money that I have made as a teacher. I do have a pension which he has survival rights to. We live in the state of Wisconsin, which is a 50-50 state.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jan 23, 2023

Since this is a long term marriage, there would be a maintenance obligation. However, a monthly maintenance obligation can be bought out with a greater than equal award of the marital property, too.

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 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.

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