Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jane E. Probst
1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Changing physical custody and placement from full to shared.

Ok well Aug 2018 I was using drugs and I tried committing suicide slit my wrist, got put on a chapter 51 , sent to a group home by the judge until end of Dec 2018, kicked out for using drugs in there, Nov 2019 got a misdemeanor drug/paraphanelia charge and put on probation, during my time in the... Read more »

Jane E. Probst
Jane E. Probst answered on Mar 3, 2021

If your situation has changed substantially since the time of the last Order, you can file a Motion to Modify Placement and Custody if the last Order was not the initial Order. Otherwise, you can also file a Petition to Enforce the existing placement schedule and request that the Court find him in... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: The information on my post nup was filled with the wrong information.. does that nullify the post nup?

It was filed.. the dates were incorrect..

Jane E. Probst
Jane E. Probst answered on Mar 1, 2021

It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Moving pregnant out of US with no consent from the father who currently denies the kid. What if he changes his mind?

Hi

I am a US citizen with a dual US-European citizenship, living in Wisconsin.

I'm mid-term with a baby fathered by a US citizen who said he does not want the kid. If I move back to Europe, give birth and he then changes his mind, I will not be willing to return to US. His... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 25, 2021

Until the time he is the adjudicated father after the child is born, he has no legal rights to the child unless you were married. Once the child is born, his placement and custodial rights would be under the laws of the Country in which the child is born.

1 Answer | Asked in Family Law for Wisconsin on
Q: The dad has primary placement, joint legal custody with decision Making up to father, my visits are to be supervised by

An adult acceptable to the father. We finished chips case 2years ago and it says it expires 2/4/2020 on case order next to where the order was written. Does that mean I still have no say or have to be supervised still? I was already allowed to take my kid for months at at time during quarentine.... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 23, 2021

Not everything is clear as to your status. If the Chips order is expired, the family court Order controls. If there has been a substantial change of circumstances, you need to file a Motion for Modification of the Temporary Order as to placement of the children.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: If behind on child support can they claim children on taxes their ordered year?
Jane E. Probst
Jane E. Probst answered on Feb 17, 2021

It depends on the language in the order. It would specifically need to state that they need to be substantially current in the order if they are to lose the deduction for that calendar year.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: There was verbally a document written up by my lawyer to the guardian ad litem, does that document become void after?

The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 16, 2021

While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: 50 50 custody of 3 children. One is in a different county. Due to this i have to pay 17% for 2 diff kids. Is that right?

Just curious if this is the way it should be. Was told that i still pay so much in child support as well is because i make more than thr othher parent.

Jane E. Probst
Jane E. Probst answered on Feb 16, 2021

It appears that you are a serial child support payor because you have children with two different families. The older children take priority in the child support orders. Whatever order there is for the oldest, that amount is subtracted from your gross income for calculation of child support for... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Does employer tuition reimbursement count towards child support income?
Jane E. Probst
Jane E. Probst answered on Feb 11, 2021

Tuition reimbursement is not specifically addressed as to whether it is considered as income available for support pursuant to DCF 150 guidelines. However, it could be argued that this is an expense reimbursement, rather than income, since it is to be used for a specified purpose that would... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: How am I responsible for my child’s medical?

I haven’t seen my son in 2 years because of a retraining order and was told today that my new job received a letter stating I have to cover my sons medical insurance. So now I have to pay child support for a child I don’t see and pay for his medical when his mom already get MA how is that... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 10, 2021

The restraining order does not affect any prior support or medical bill responsibilities set forth in another Order. However, unless the restraining order is against the child, and not just the other parent, you still have placement rights to the child. You should consult with an experienced... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can a judge court order a psychological assessment in child custody without appointing an assessor?
Jane E. Probst
Jane E. Probst answered on Feb 9, 2021

Yes. The Court may order a psychological assessment, but leave the choice to the agreement of the Counsel or the choice of the Guardian ad Litem.

1 Answer | Asked in Divorce for Wisconsin on
Q: My husband and I are getting an amicable divorce. We need help filling out the paperwork. Any suggestions?
Jane E. Probst
Jane E. Probst answered on Feb 8, 2021

Just completing the paperwork is never as simple as people believe. Even if you are on good terms, there are many considerations that need to be taken into consideration such as retitling of property, calculation of support and custody and placement of children in some circumstances. It is always... Read more »

2 Answers | Asked in Child Custody and Child Support for Wisconsin on
Q: (WI) Father still receives child support after abandoning my 14 & 16 year old children for 7 months & going.. What now?

He receives child support for both children.

Jane E. Probst
Jane E. Probst answered on Feb 4, 2021

You need to file a Motion for Modification of Custody and Placement.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: If my husband & I decide to 50/50 placement am I able to move 20 miles away? I currently have primary placement.

I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He... Read more »

Jane E. Probst
Jane E. Probst answered on Jan 28, 2021

If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I’m looking for a family law attorney, that is where my divorce was, I now reside in Florida

Divorce was in Wisconsin

Jane E. Probst
Jane E. Probst answered on Jan 25, 2021

Are you saying that your divorce action was in Wisconsin or Florida? Also, if Wisconsin, which County?

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Do you have to have a paternity test if the child is not the spouse's that you are divorcing?

my husband left the marriage after 6 months. a few months later i met someone and had a baby. the baby is not my husband's who is asking for a divorce. why do i need to get a paternity test if the baby is not his?

Jane E. Probst
Jane E. Probst answered on Jan 21, 2021

Yes. If a child is born to you while you are legally married to someone else, that child is presumed to be a child of your marriage. The marital presumption would need to be overcome by DNA testing and a paternity case should be filed, naming the biological father as the actual parent.;

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My son's mom lied about me being the father to prolong her custody, is there anything I can do
Jane E. Probst
Jane E. Probst answered on Jan 19, 2021

I am sorry, but your question is a unclear. Are you saying you are or are not the father of your son? Or, did she deny that you are the father to delay an adjudication of paternity?

1 Answer | Asked in Family Law for Wisconsin on
Q: My son needs counseling because he's having a hard time with his stepmom. The counseling center allows stepparents

If the parent allows it. My ex and I have joint custody and decision making. My son won't talk to the counselor if his stepmom is there. This is in Wisconsin. Is there anything I can do?

Jane E. Probst
Jane E. Probst answered on Jan 5, 2021

You need to stress to the counselor that your son does not want her in the session because he will not speak freely with her present. If the counselor will not honor your request, you and your husband should find another therapist.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: ex has an only fans account and is posting pics and videos, should this be brought up when trying for custody?

My ex has an only fans account and is consistently posting pictures and video of adult content, sometimes while our child is in their care. There are many other things going on, but I’m concerned that they are posting adult content and that it could later hurt our child. Is this something that... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 29, 2020

Depending on the type of content, this will be a concern if the child has access to the images or the device upon which the images may be stored. You should address this to at least ensure that there is no risk of viewing by your child.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I'm having to pay back child support for a child i don't believe is mine and have never gotten a DNA test done.

According to the state of Maine I have no choice. I never slept with the mother or was told I had the kid until she wanted money

Jane E. Probst
Jane E. Probst answered on Dec 24, 2020

If the paternity judgment and child support order were entered in the State of Maine, you would need to consult with an attorney licensed to practice law in that State sine the laws of that State apply.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can I sue someone who has made repetitive (14) n false reports to CPS on me?
Jane E. Probst
Jane E. Probst answered on Dec 23, 2020

That is a touchy subject. If there has been any merit found to any of the complaints, you would not get far. However, if it is a series of unsubstantiated reports for no legitimate purpose, you would be in a better position to file a Petition for a Harassment Injunction.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.