Get free answers to your legal questions from lawyers in your area.
My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... View More
answered on Mar 9, 2022
There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.
I pay child support for my first child, 50/50 joint custody, but I have a new baby by a different mother, and she has a new baby by a different father.
answered on Feb 23, 2022
No. The first children born with a support order take priority.
I'm being denied for no apparent reason other than the mom trying to hurt me, played the same game with my son before his suicide May 13, 2021. The kids have been pretty much here since that day, and the other time spent at the Grandpa's house because the mom refuses to return the... View More
answered on Feb 22, 2022
If he mother is denying you contact with the children, you may file a motion for visitation pursuant to Wis. Stat. Sec. 767.43.
answered on Feb 15, 2022
Yes, if the home is a marital asset, the equity is deemed to be equally divided, unless there is a prenuptial agreement in place providing otherwise.
Mom still gets foodshare and received child tax credits, but when I filed him on my taxes this year she started threatening me but he still is here and goes to school from here.
answered on Feb 15, 2022
You can file a petition for guardianship since she has left the child in your care for such a long time. She would have a right to visit with the child, but she would also have an obligation for payment of support.
We've been separated almost 4 years now. He even has a girlfriend in Mexico along with his wifr
answered on Feb 8, 2022
If he was still legally married at the time you married him, your marriage is not valid. You will need an annulment.
My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.
I have no idea what paperwork needs to be filled... View More
answered on Dec 22, 2021
It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a... View More
I have a record and he is saying I can't be around the child. But I've been out of trouble.
answered on Dec 10, 2021
Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this... View More
answered on Nov 16, 2021
If they have guardiandship, the answer is yes, absent a court order.
answered on Oct 19, 2021
Unless his parental rights are terminated in a Children's Court proceeding, he will still have a child support obligation. The child would need to be adopted by a step-parent. his parental rights can not be terminated by a family court action.
My daughter is married, pregnant and she does not live with her mother. Is there a way to stop the payments since my daughter is an independent adult?
answered on Oct 11, 2021
It depends on the State in which the child support Order was entered. Each State has different laws as to when a child is deemed emancipated. In Wisconsin, if she is married and pregnant, she is deemed emancipated. He would need to file a Motion to terminate the maintenance.
With arrears and interest it’s over $100k. I don’t know his financial standings, but for my daughter I want to know what I could do.
answered on Oct 11, 2021
You can still file a Motion for Contempt and for repayment of arrears. The money is still owed to you, even if your daughter is emancipated.
Been married for 8yrs. Together for 15yrs. House was purchased and lived in by both of us for the last 13yrs. The title and mortgage was in her name initially due to my less than stellar credit at the time of purchase. We have since refinanced the home and both names are now on the mortgage and... View More
answered on Sep 27, 2021
If you have refinanced the mortgage in both of your names and made mortgage payments during the marriage, it has become a marital asset.
This is a zoom call trial.
answered on Sep 15, 2021
It is not necessary for you to be in the United States during a zoom hearing. You will simply need a reliable internet connection.
answered on Sep 6, 2021
The father of your children is a serial payor. In Wisconsin, the older children in line have the first right to child support. The child support obligation for them is deducted from the father's gross monthly income as an adjusted gross for the amount of child support available for your... View More
And then her father called her in as a runaway
answered on Aug 2, 2021
You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.
My ex and I have a placement modification hearing coming up. He will be bringing people with him. I know it can be done, but how do I ask that all non parties please be excused from the courtroom?
answered on Jul 23, 2021
Unless it is a paternity hearing, many of these hearings are public hearings. You can object to the people being in the courtroom, but it is within the discretion of the Commissioner to ban them. You could raise the issue that these people are likely to be called as witnesses at a trial and... View More
Can custody be established outside of court or without a court ordered agreement? If so, how is that upheld/adhered to and what as a mother can I do if it is not? Is the agreement done between two parties without being court sanctioned legally binding?
answered on Jul 15, 2021
Both parents can sign a Stipulation and Order as to custody and placement, but it will need to be filed with the Court and the Order signed by the Commissioner or Judge before it is enforceable.
How can I go around Wisconsin marriage property law? Can I get married out of state because my boyfriend's business partner will not allow us to get married if I were to inherit my boyfriend's property before the business partner dies. We want to find a way to get married and if that... View More
Father has been secluded through out the process
answered on Jul 5, 2021
Has the father been adjudicated the father or signed an acknowledgement of paternity if not married to the mother? If not, he needs to make CPS aware so he can be adjudicated and have legal standing in the proceedings.
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.