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Questions Answered by David N. Iancu
1 Answer | Asked in Family Law for Wisconsin on
Q: My MSA includes a non-modifiable alimony payment unless my ex-wife gets married. She has lived with her fiancé since

8/1/2017. She has confirmed that she will not marry until the alimony subsists 3/2022. I have learned that a WI Supreme Court Case Jan. 9,2017 found the ex-spouse in contempt and ordered the termination of alimony. Does this apply to me? She and her fiancé make over 100K/year and own two homes... Read more »

David N. Iancu
David N. Iancu answered on Mar 2, 2020

What you were referring to is called a "cohabitation" case. You should contact an experienced family lawyer to discuss as these can be complex.

1 Answer | Asked in Family Law for Wisconsin on
Q: what is the first thing to file in court for an unmarried father in wis. child is almost 3, no contact since dec, 2019
David N. Iancu
David N. Iancu answered on Jan 31, 2020

That depends on whether you already have a judgment of paternity and/or custody and placement orders. If you do, then you can file an enforcement motion seeking to enforce the previous placement schedule. If you do not, you need to file an action to establish paternity, and if paternity is... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Granted a divorce and in the divorce decree was an order for the ex (who was granted the house).

Court order states that ex pays me a marital settlement in 3 months or the marital home goes up for sale and profits used to pay settlement. The house sits and the ex is incognito (currently has a nationwide warrant for no child support). He is off the grid. I want to get a court date for contempt... Read more »

David N. Iancu
David N. Iancu answered on Jan 1, 2020

This is an interesting and complex question. There are so many more details needed to give you an accurate answer. Strongly recommend consulting privately with an attorney so he/she can review your divorce judgment, financials, etc.

1 Answer | Asked in Family Law for Wisconsin on
Q: I have court ordered placement 3 hours a week. Can my ex deny my requests for more placement?

I have placement 3 hours a week it was a final judgement order. There’s no parenting plan. I want my child on weekends as well. Can my ex deny my extra visitations?

David N. Iancu
David N. Iancu answered on Nov 16, 2019

If your court order does not allow for additional times of placement then your ex can deny you. Depending on when your final judgment was issued, your best bet would be to file a motion to modify placement and seek additional expanded placement with your child(ren).

1 Answer | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: I have sole custody / primary placement. Can I move out of WI or will I need to get permission?

We were never married, current orders only state visitation details. Dad is to submit to me monthly drug test results in order to see child..he has been out of jail since March of 2019 has not given me any results or complied with order. Dad spent 3 years in jail on for felony gun and drug charges.... Read more »

David N. Iancu
David N. Iancu answered on Sep 20, 2019

That depends on what your current orders say. The laws on removal are complicated and were recently changed. I strongly recommend seeking advice of counsel before doing anything in this case.

1 Answer | Asked in Family Law for Wisconsin on
Q: How can I obtain forms for filing for grandparent rights in Wisconsin?
David N. Iancu
David N. Iancu answered on Jul 14, 2019

I’m not aware of any state fill-in-the-blank forms specific to grandparents visitation cases. You could try using the generic motions to modify custody and placement forms, but a well-seasoned attorney might be your best bet.

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