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Questions Answered by Jane E. Probst
1 Answer | Asked in Child Custody for Wisconsin on
Q: Will my ex get 5050 after I have been primary caregiver since kids were born? Divorced now almost 2 years.

I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It... Read more »

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

To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Baby with married woman an we want correct name on bc while separation is ongoing

I have child with married woman an we are trying to put my name on our son birth certificate while she's working threw her separation process so trying to find out how can we do this while keeping quiet so it doesn't effect her situation

Jane E. Probst
Jane E. Probst answered on Apr 26, 2021

Unfortunately, this is not possible at this time. If she is pregnant while she is still legally married, the child is presumed to be a child of the husband. The marital presumption of paternity will need to be overcome in her legal separation/divorce process. Only after that, you could file a... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: My oldest son turned 18 and is living with me full time. How do I get my child support reduced?

My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.

Jane E. Probst
Jane E. Probst answered on Apr 19, 2021

If your son is still in high school, you can modify the child support through the end of the school year until he graduates from high school or attains the age of 19, if still in high school. You can not retroactively change child support prior to the date of filing and serving your motion, but... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: What can I do to obtain guardianship/custody of 2 yr. old Grandson that has been solely in my care his whole life?

My adult daughter (mother of my grandson) has repeatedly put the child in harms way and exposed him to inappropriate places, people and activities. She lived with me 11/2018 until 8/2020 the child was born 3/22/19 I have been his primary caregiver since birth (no paternity has been established)... Read more »

Jane E. Probst
Jane E. Probst answered on Apr 19, 2021

You need to file a Petition for Guardianship and serve the mother and the father with a copy of the Petition and accompanying pleadings. You need to allege that the mother and father have left the child in your care and state in specific terms the facts to support that they are unable to, or... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... Read more »

Jane E. Probst
Jane E. Probst answered on Apr 8, 2021

If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can I lose custody of my son due to a mental illness?

Depression, PTSD, ADHD

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

If your mental illness is preventing you from safely parenting your child, this is a possibility. If you are functioning well and taking prescribed medications to control your mental illness, it is unlikely that you would lose custody or placement. Without knowing the nature of your diagnosis, it... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Can my ex who is an attorney, represent himself in the state of WI? He lives in Illinois.
Jane E. Probst
Jane E. Probst answered on Apr 4, 2021

Normally, an attorney must also be licensed to practice law in the State of Wisconsin. However, he could represent himself pro se, meaning unrepresented by counsel, if he so chooses.

2 Answers | Asked in Divorce for Wisconsin on
Q: What is the date of valuation for a 401k? The date of separation or the date of divorce?
Jane E. Probst
Jane E. Probst answered on Mar 26, 2021

The date of divorce.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex went back to her home country for vacations, and decided to baptized our son without my consent. Disobey courtordr
Jane E. Probst
Jane E. Probst answered on Mar 21, 2021

You can file a Motion for Contempt, but the action is already done. If you have a conflict as to the religion in which you wish for your child to be raised, you should file a Motion with the Court.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: so my dismissal was set for last March

so my dismissal was set for last March but the pandemic hit and the courthouse closed my question is since it was no fault of mine will I have to restart the whole process again?

Jane E. Probst
Jane E. Probst answered on Mar 11, 2021

If your case was dismissed, you will need to refile.

1 Answer | Asked in Family Law for Wisconsin on
Q: ex didn't follow orders for 4 years. took to court for enforcement, judge said I abandoned kids, and pay $1000 gal fee

She took the kids and I didn't know where they were for the first 6 months. Then, after the court order, I was granted supervised visitation only, because I was on probation. The supervisor my ex listed on the order, whom she didn't even ask beforehand, was my sister. Not wanting to get... Read more »

Jane E. Probst
Jane E. Probst answered on Mar 11, 2021

There would need to be more information provided to respond to this question, primarily for which reason were you on probation. What were the charges. Also, were you incarcerated for a period? You should consult with an experienced family law attorney to determine your rights and strategy.

1 Answer | Asked in Family Law for Wisconsin on
Q: Could my moms husband sign my emancipation papers? I live in the United States and to be more specific Wisconsin
Jane E. Probst
Jane E. Probst answered on Mar 9, 2021

No. Your stepfather is not your biological or legal parent. Your biological parents are your legal custodians unless your stepfather has adopted you.

1 Answer | Asked in Child Custody for Wisconsin on
Q: My daughter in law (widowed) doesn't get back to me about visits. Do I have a legal RIGHT to see my grand kids in Wisc ?
Jane E. Probst
Jane E. Probst answered on Mar 7, 2021

To be able to obtain an order for grandparent visitation, you need to have a "substantial parental relationship" with your grandchildren. The Grandparents Right laws have become much more stringent since a Supreme Court Ruling within the past few years which shows great deference to the... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Do we need to file for legal guardian or custody if my ex sister in law from seattle wa, wants to send my nephew to

Live with us, the father's sisters, nin wisconsin? The father is in prision at this time and will be out in 2 years. He had sole custody of the child.

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

You would need to file a Petition for Guardianship once your nephew is present in the State of Wisconsin. Both parents will need to be served with Notice of the Petition and the hearing.

1 Answer | Asked in Divorce and Collections for Wisconsin on
Q: Can my fiance's charged-off debt come to me once we are married?

My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.

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

Your fiance's premarital debt is her debt, and not yours. Any debt she brings into the marriage is hers. Absent a prenuptial agreement, any debt you accumulate during the marriage will be joint.

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.

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