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Questions Answered by Jane E. Probst
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.

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... View More

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

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

1 Answer | Asked in Family Law for Wisconsin on
Q: There is no placement agreement we are still married she hasnt seen her in a year can tell her no to seeing her.

I need to know if I can keep my child and tell my wife no. My daughter has no idea who my wife is.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 9, 2020

At this time, there is no court order determining placement. So, if you refuse your wife contact, there will be no consequences to you. However, there is the issue as to whether your child will want to know her mother. You may want to address that with a family therapist so you will know how to... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: A chips case has ended for two of my children. Although the other parent has primary placement and custody at the end

At the end of the hearing the judge granted me reasonable placement for both children. I understand that reasonable placement can mean many different thing but here is my question. If i was awarded reasonable placement , does that not mean in my own home? The other parent is trying to control the... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 3, 2020

Reasonable placement upon reasonable notice is often a vague schedule and only works well if both parties cooperate. You need to attend mediation to negotiate a set schedule. If he refuses to mediate, you should file a Motion to Modify the Order or a Petition to Enforce Placement at which time the... View More

2 Answers | Asked in Domestic Violence, Family Law and Child Custody for Wisconsin on
Q: Can my 15 yr old file a restraining order on his father ?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Dec 2, 2020

A parent or guardian would need to file it on his behalf.

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1 Answer | Asked in Elder Law, Family Law and Libel & Slander for Wisconsin on
Q: I think my brother is abusing his POA rights and acting on them before he should. My father is still very competent in

His 90s but my brother has taken control of everything from financial,medical,property, to the point of who can come over to what can stay in the house. I was caregiver for past 6 yrs and evicted about 2mnths ago along with most of my things. We never had a contract!?how can I find out if he is... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 22, 2020

To be able to act as a POA, it must be activated. That means two physicians declared your parent to be incompetent. Ask your brother to show you the activation document signed by the physicians. If he can not produce that document, you may wish to consult with an attorney to file a petition to... View More

2 Answers | Asked in Family Law for Wisconsin on
Q: How does the 2 out of every 3 weekends scheduled work?

How would the placement schedule work.(what does it look like?) Is it 2 weekends a month? What weekends? Are they consecutive?

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 13, 2020

Your question is not clear. Are you asking how it affects a child support order or percentage of placement?

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2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 11, 2020

If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex doesn’t want my married girlfriend around our children. Can she do this?

My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 8, 2020

I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no... View More

1 Answer | Asked in Family Law and Immigration Law for Wisconsin on
Q: can I emancipate myself even if i'm a resident in the state of wisconsin?
Jane E. Probst
PREMIUM
Jane E. Probst
answered on Nov 1, 2020

Technically, in Wisconsin, you are not emancipated until you attain the age of 18. To become emancipated prior to that time, you would need to file a Petition with the Court, showing that you are completely able to support yourself. To be honest, I have never known a Court to emancipate a minor.... View More

1 Answer | Asked in Child Custody for Wisconsin on
Q: I have sole custody and was wondering what I could do since my kids dad has been in and out of her life a lot.

He’s been in and out since she was ten months old. She is now 41/2 years old. In our agreement it’s weird but it worked for a long time. He has to ask a week in advance to have her and a month for holidays. He can call everyday. He hasn’t seen her since December last year. He moved to Texas... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 28, 2020

Does your current Order state that he has reasonable periods upon reasonable notice? If so, you can not demand that he take placement, unfortunately. If you are married and your current husband wishes to adopt your child, you can file a petition for termination of the parental rights of your... View More

2 Answers | Asked in Divorce for Wisconsin on
Q: Married 11 years - spouse student loans excess of $90K incurred prior to marriage. 50/50 split of this debt if divorce?

Only paid interest on loans, not in my name, has filed for 10 year forgiveness plan

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 27, 2020

If they were incurred prior to the marriage, these debts are not normally considered marital debt, absence some finding of hardhship to the court.

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1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: Can a dad get full custody if the mom has moved out of state without the kids

He has had them the last 8 months

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 27, 2020

If the mother had periods of court ordered placement and has not exercised that placement for that length of time, the father can file a Motion for Modification of Placement pursuant to the "lose it or lose it" provisions of the Wisconsin State Statutes. If he has primary physical... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Oct 25, 2020

I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... View More

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