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Questions Answered by Jane E. Probst
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
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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... View 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
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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
PREMIUM
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... View More

Jane E. Probst
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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... View 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
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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... View 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... View More

Jane E. Probst
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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.... View More

Jane E. Probst
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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
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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... View More

Jane E. Probst
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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... View 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
PREMIUM
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... View More

1 Answer | Asked in Child Support for Wisconsin on
Q: Does employer tuition reimbursement count towards child support income?
Jane E. Probst
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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... View 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... View More

Jane E. Probst
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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... View 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
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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
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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... View 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
PREMIUM
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... View More

Jane E. Probst
PREMIUM
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... View 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
PREMIUM
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
PREMIUM
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
PREMIUM
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
PREMIUM
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.

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