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Questions Answered by Jane E. Probst
1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.

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

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Child Support for Wisconsin on
Q: Can my child support amount be lowered?

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.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Feb 23, 2022

No. The first children born with a support order take priority.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm not being allowed to continue help raise my deceased son's kids, his dying wish. Kids I raised pretty much everyday

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

Jane E. Probst
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Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: If I paid half of the mortgage during our marriage am I entitled to half the gain in equity accrued during that time?
Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: What do I do? my godson has been with me since October 2020 his mom drop him off and I've been taking care w/ no supp.

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.

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: I married a man from Mexico 9 years ago. Almost 4 years ago I found out he is still married with children. Is ours valid

We've been separated almost 4 years now. He even has a girlfriend in Mexico along with his wifr

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Adoption and Family Law for Wisconsin on
Q: How does a father sign over his rights?

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

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My girlfriend has a baby with another man and they are in child custody court. The father is saying I can't be around

I have a record and he is saying I can't be around the child. But I've been out of trouble.

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the guardians of my child deny me visitation and all forms of communication without approval from a judge?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 16, 2021

If they have guardiandship, the answer is yes, absent a court order.

1 Answer | Asked in Family Law for Wisconsin on
Q: If my child's father signs away his rights is he still required to pay child support if I'm receiving state aid
Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Child Support for Wisconsin on
Q: My husband is paying child support for his 19 yo daughter that lives in Puerto Rico. Her mother is receiving the pymts.

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?

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughter’s father owes me a significant amount in back child support. She’s now over 18. What can I do to collect?

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.

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: Will my wife receive the majority of the equity in our house? We live in Wisconsin.

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

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Divorce for Wisconsin on
Q: Milwaukee Divorce. I have a trial upcoming via zoom and I am outside the US. Do I need to be on US soil for the call?

This is a zoom call trial.

Jane E. Probst
PREMIUM
Jane E. Probst
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.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Will I receive payments if my kids father currently owes cs for other children with other women
Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I go about getting custody of my 16 year old child if her father threw her out of the house

And then her father called her in as a runaway

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Aug 2, 2021

You have a right to file a Motion for Modification of Placement because of a substantial change of circumstances.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Wisconsin on
Q: How do I ask the Family court commissioner to remove all non parties from the court room?

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?

Jane E. Probst
PREMIUM
Jane E. Probst
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

1 Answer | Asked in Child Custody for Wisconsin on
Q: Who determines/has right to set child custody agreement prior to it being established in court and how is it upheld?

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?

Jane E. Probst
PREMIUM
Jane E. Probst
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.

2 Answers | Asked in Family Law for Wisconsin on
Q: If I were to marry out of state. Which marriage law would apply to my marriage, the state im married at or my resident?

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

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 7, 2021

The State of residence.

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1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: CHIPS petition opened on the mother and the father also lost custody of the child through no fault of his own.

Father has been secluded through out the process

Jane E. Probst
PREMIUM
Jane E. Probst
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.

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