His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... Read more »
To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to...Read more »
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 »
Technically, in Wisconsin, you are not emancipated until you attain the age of 18. To become emancipated prior to that time, you would need to file a Petition with the Court, showing that you are completely able to support yourself. To be honest, I have never known a Court to emancipate a minor....Read more »
He’s been in and out since she was ten months old. She is now 41/2 years old. In our agreement it’s weird but it worked for a long time. He has to ask a week in advance to have her and a month for holidays. He can call everyday. He hasn’t seen her since December last year. He moved to Texas... Read more »
Does your current Order state that he has reasonable periods upon reasonable notice? If so, you can not demand that he take placement, unfortunately. If you are married and your current husband wishes to adopt your child, you can file a petition for termination of the parental rights of your...Read more »
If the mother had periods of court ordered placement and has not exercised that placement for that length of time, the father can file a Motion for Modification of Placement pursuant to the "lose it or lose it" provisions of the Wisconsin State Statutes. If he has primary physical...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 »
The property division in a divorce is presumed to be equal, with the exception of premarital property, inheritances, third party gifts and marital waste being reasons for a deviation from equal division. As to income, it is often equalized, or close to it, for maintenance if there is a long term...Read more »
I hold a harassment RO against a sibling in WI. The injunction requires them to avoid “causing” anyone from contacting me. Contact was to a mutual family member where they, unprompted, threatened to ruin me financially and lied about my conduct; a repeat of some of the behavior that the court... Read more »
I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered...Read more »
I am actually a female child 16 years old, I have run away 4 times away from my mom. I am not happy whats so ever at home, and I don't feel safe, emotionally, and sometimes physically. My dad doesn't have custody of me and I really want to live with him, I am turning 17 in two months. My... Read more »
Your question does not provide all the information necessary for a complete response. You may owe child support if you have not yet been adjudicated the father back to the date you are served with the Petition for Adjudication of Paternity or Petition for Orders Upon Acknowledgment of Paternity,...Read more »
You need to file a Petition to Enforce Placement if there is a court order that the other spouse is not following. A parent is not rewarded with child support if they are withholding a child contrary to a court Order.
You are not required to do so. You can argue your case once you are in court. However, it is always beneficial to express our defenses to the Motion in an affidavit to be filed with the Court prior to the hearing so the Judge or Commissioner knows your position in advance of the hearing.It allows...Read more »
My daughters father wants to sign his rights over but I don't have a significant other to take over his rights. Can a family member of mine take over his rights? Or do I have a significant other take over his parental rights?
You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will...Read more »
She pays me child support and we have 50/50 placement, 1 week with her and 1 week with me. Still live within 20 miles of each other but she wants me to sign off on her paying child support because we’re not in same school district. My kids school is only 15 minutes from where I currently live and... Read more »
This does not make sense. Child support is not dependent on which school the children attend unless she is paying private school tuition as an offset or you are not going to take your court ordered periods of placement.
He has taken away 4 visitation days and will not have any communication with me at all. My question is can I have him arrested for kidnapping when it is my visitation time and he refuses to not let me have time. We do have court documents that state whose date it is but he will not go by the court... Read more »
If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and...Read more »
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