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Questions Answered by Jane E. Probst
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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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.

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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.

1 Answer | Asked in Child Support, Gov & Administrative Law, Identity Theft and Criminal Law for Wisconsin on
Q: State vs ex to court for unpaid support for 3 children. He just stole from her EPPIC card

The State is taking my daughter's ex boyfriend to court for unpaid child support for their 3 young children. He owes > 15K.

Daughter just discovered he stole and used her EPPIC card and spent $600 on Bitcoin. (She filed a police report). He stole her identity 18 months ago, along... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 20, 2020

The matter with the credit card is a civil matter, not a child support matter. These are independent actions. The State has filed an action to require him to pay support and arrears. If he has failed to pay for a sufficient length of time and the Child Support Enforcement has run out of options... Read more »

2 Answers | Asked in Family Law and Child Custody for Wisconsin on
Q: i have periods of physical placement she only says i can see him on the days she knows i work wont help at all transpo?

she is trying to make me look like i dont care but she wont eveen cooroperate she wont let me take him overnight but her and her partner ship 100 miles away so they can go to work vs letting me watch him and actually spend quality meaningful time with my son

Jane E. Probst
Jane E. Probst answered on Dec 20, 2020

Do you have scheduled periods of placement? If so, she needs to follow the times in the Order. If the Order is only for reasonable placement upon reasonable notice, you should request mediation to negotiate a schedule. If she does not cooperate, you will need to file a Motion for modification of... Read more »

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2 Answers | Asked in Divorce for Wisconsin on
Q: I was divorced and was awarded our home and land. My ex refuses to sign the Quit Claim Deeds. I can’t afford to re-hire

my divorce attorney. Is there anything I can do?

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

If you can not afford to retain another attorney, you can file a Motion for Contempt against him, using the State Bar forms for contempt. Be certain that you serve him personally, since that is required for a Motion for Contempt.

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1 Answer | Asked in Family Law for Wisconsin on
Q: Going for guardenship for grand kids now in a temporary foster care.what kind of ques does a GLA ask me?

What can i say why i should be the one to have guardianship

Jane E. Probst
Jane E. Probst answered on Dec 10, 2020

To be awarded guardianship, you need to prove to the Court that the parents are unfit or unavailable to care for the children and that it is in their best interests that you be awarded guardianship. If there is a Children in Need of Protective Services action pending, you will also need to... Read more »

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