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Questions Answered by Jane E. Probst
1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

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 »

Jane E. Probst
Jane E. Probst answered on Nov 22, 2020

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 »

2 Answers | Asked in Family Law for Wisconsin on
Q: How does the 2 out of every 3 weekends scheduled work?

How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?

Jane E. Probst
Jane E. Probst answered on Nov 13, 2020

Your question is not clear. Are you asking how it affects a child support order or percentage of placement?

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2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

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 »

Jane E. Probst
Jane E. Probst answered on Nov 11, 2020

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.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex doesn’t want my married girlfriend around our children. Can she do this?

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 »

Jane E. Probst
Jane E. Probst answered on Nov 8, 2020

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 »

1 Answer | Asked in Family Law and Immigration Law for Wisconsin on
Q: can I emancipate myself even if i'm a resident in the state of wisconsin?
Jane E. Probst
Jane E. Probst answered on Nov 1, 2020

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 »

1 Answer | Asked in Child Custody for Wisconsin on
Q: I have sole custody and was wondering what I could do since my kids dad has been in and out of her life a lot.

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 »

Jane E. Probst
Jane E. Probst answered on Oct 28, 2020

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 »

2 Answers | Asked in Divorce for Wisconsin on
Q: Married 11 years - spouse student loans excess of $90K incurred prior to marriage. 50/50 split of this debt if divorce?

Only paid interest on loans, not in my name, has filed for 10 year forgiveness plan

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

If they were incurred prior to the marriage, these debts are not normally considered marital debt, absence some finding of hardhship to the court.

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1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Can a dad get full custody if the mom has moved out of state without the kids

He has had them the last 8 months

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

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 »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

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 »

Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

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 »

2 Answers | Asked in Divorce for Wisconsin on
Q: Is money to be split 50/50 until divorce is final
Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

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 »

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2 Answers | Asked in Divorce for Wisconsin on
Q: Can my soon to be ex husband take me off his life insurance and add girlfriend as primary before divorce is final?
Jane E. Probst
Jane E. Probst answered on Oct 21, 2020

No. Beneficiaries can not be changed before the finalization of divorce.

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1 Answer | Asked in Domestic Violence and Criminal Law for Wisconsin on
Q: Is it a violation of a RO if threats are sent to a 3rd party, but 3rd person isn’t asked to pass on the threat but does?

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 »

Jane E. Probst
Jane E. Probst answered on Oct 14, 2020

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 »

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can I get legal help to live with my dad at 16 years old very soon?

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 »

Jane E. Probst
Jane E. Probst answered on Oct 6, 2020

Your father is the one who will need to file a Motion to Modify Placement. You are not able to decide with whom you wish to reside until the age of 18.

1 Answer | Asked in Child Support for Wisconsin on
Q: In WI. I owe back child support my child is 18 no. Who receives the money now? My child or her mom?
Jane E. Probst
Jane E. Probst answered on Oct 4, 2020

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 »

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: What do I do if I’m being refused my children and being threatened with child support?

What do I do if I’m being refused my children and being threatened with child support?, I have no parental rights/custody

Jane E. Probst
Jane E. Probst answered on Oct 1, 2020

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.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: I am have been served with a motion to changed custody of my child. Do I have to submit a answer or form to the court
Jane E. Probst
Jane E. Probst answered on Sep 25, 2020

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 »

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughters father wants to sign his rights over but I don't have a significant other to take over his rights.

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?

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

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 »

1 Answer | Asked in Child Support for Wisconsin on
Q: Can an ex wife ask the father to sign off on receiving child support if the father moves out of school district?

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 »

Jane E. Probst
Jane E. Probst answered on Sep 7, 2020

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.

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I change my last name at 17
Jane E. Probst
Jane E. Probst answered on Sep 3, 2020

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Hi and thank you for your help. My ex-husband has sole custody and has kept my 2 girl (7 & 11 yo) for over a month now.

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 »

Jane E. Probst
Jane E. Probst answered on Aug 31, 2020

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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