The property division in a divorce is presumed to be equal, with the exception of premarital property, inheritances, third party gifts and marital waste being reasons for a deviation from equal division. As to income, it is often equalized, or close to it, for maintenance if there is a long term... View More

No. Beneficiaries can not be changed before the finalization of divorce.

I believe that the Court would find this to be a threat through a third party. You would need to find exceptions to the hearsay rule to have these threats admitted into evidence. The third party receiving the communication would need to testify. A statement by the person It would be considered... View More

Your father is the one who will need to file a Motion to Modify Placement. You are not able to decide with whom you wish to reside until the age of 18.

Your question does not provide all the information necessary for a complete response. You may owe child support if you have not yet been adjudicated the father back to the date you are served with the Petition for Adjudication of Paternity or Petition for Orders Upon Acknowledgment of Paternity,... View More

You need to file a Petition to Enforce Placement if there is a court order that the other spouse is not following. A parent is not rewarded with child support if they are withholding a child contrary to a court Order.

You are not required to do so. You can argue your case once you are in court. However, it is always beneficial to express our defenses to the Motion in an affidavit to be filed with the Court prior to the hearing so the Judge or Commissioner knows your position in advance of the hearing.It allows... View More

You need to be married and your new husband willing to adopt your daughter. If a family member adopted your daughter, that would require a termination of your parental rights, too. The only way that your ex's parental rights can be terminated while yours are not terminated are if there will... View More

This does not make sense. Child support is not dependent on which school the children attend unless she is paying private school tuition as an offset or you are not going to take your court ordered periods of placement.

You would need to file a formal name change proceeding in the circuit court of your residence. However, you can only do this with the agreement of your parent or guardian.

If there is no set placement schedule, but there is still an Order in effect, you should file a Petition to Enforce Placement. The Court is required to schedule a hearing within thirty days of the date of filing the Petition. If there is no set schedule at this time, the Court may Order one and... View More

If there is a legal separation pending or an action to compel support filed, the father can obtain an Order for child support. If he has primary physical placement, his income is not relevant. If she is not working, she will be ordered to conduct a job search and an income will be imputed to her.

Your question is not clear as to whether you are divorced or going through a divorce. If your divorce is not finalized, you can file an Order to Show Cause for a Temporary Order regarding such issues. If you are already divorced, you will need to follow the final Judgment provisions since those... View More

Often, the witnesses in a CPS investigation are required to be confidential. If the allegations are unsubstantiated, the GAL can disregard the CPS allegations. If you make the witness known, the GAL can interview. However, the best manner in which to address this in the family court matter is to... View More

Your question is not clear. Did you stipulate to guardianship or award someone a Power of Attorney over the child?

Unfortunately, no. Pursuant to Wis.Stat. Chapter 767, you are not able to obtain retroactive child support orders. The order can only go back to the date of filing a motion for an Order for child support.

Normally, no. However, if there is a temporary Order for no overnight guests of the opposite sex while the divorce is pending because of the confusion caused to the children, this can restrain your contacts between the children and the new person. Also, if there is a person with whom you are... View More

If one party is only awarded sole legal custody, the party who was not awarded legal custody still has the right to medical and educational records for the minor child.