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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
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... 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.

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... View 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... View 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 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... View More

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 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... View 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... View More

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... View 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... View More

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.

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