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Questions Answered by David N. Iancu
1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
David N. Iancu answered on Mar 29, 2021

I do not believe tax refunds or federal stimulus payments would count as "income" for support calcuation purposes. Government benefits like food stamps, daycare assitsance, etc. typically do not either. This obviously isn't settled law as the stimulus payments are novel.

2 Answers | Asked in Divorce for Wisconsin on
Q: What is the date of valuation for a 401k? The date of separation or the date of divorce?
David N. Iancu
David N. Iancu answered on Mar 26, 2021

Typically it is the date of divorce, but not ALWAYS. There are times when the parties may agree to a different "valuation date". This may occur in the event the parties are separated for a long period of time before divorce or for other reasons. I'd say if there are no such strange... Read more »

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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.

David N. Iancu
David N. Iancu answered on Feb 4, 2021

You need to file a motion to modify the physical placement and child support orders.

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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

David N. Iancu
David N. Iancu answered on Dec 20, 2020

You should consider filing a motion to enforce placement and also to modify the placement schedule if the current schedule is not working.

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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?

David N. Iancu
David N. Iancu answered on Dec 12, 2020

You could file a contempt motion against your ex. Most courthouses have clinics and you can find the forms online here: https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=56&SubCat=Post-judgment

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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 ?
David N. Iancu
David N. Iancu answered on Dec 2, 2020

Yes, but the other parent will be filing on his behalf as guardian.

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1 Answer | Asked in Child Custody for Wisconsin on
Q: Is she keeping him away from me? He lives with his mom in Kansas. And I’m in Wisconsin.

I think she keeps him away from me just because I have a girlfriend and my happiness. I feel like she couldn’t allow me to have a girlfriend or whatever I want to do with my life. She has a fiancé and another baby with him which I’m happy for her. I don’t even get mad at her what she has... Read more »

David N. Iancu
David N. Iancu answered on Nov 18, 2020

I'm not sure exactly what you're asking, but if your question is whether you have a right to see your son even if you have a girlfriend, the answer is YES. There are many factors that go into a custody/placement determination, but a good lawyer can help you determine what actions you can take.

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... Read more »

David N. Iancu
David N. Iancu answered on Nov 11, 2020

It's true that you can file stipulations to change child support after the divorce is finalized, but be advised that a judge will not necessarily automatically approve those stipulations. The agreement must still comport with Wisconsin law and make sense to the judge. You may want to consult... Read more »

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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

David N. Iancu
David N. Iancu answered on Oct 30, 2020

While it’s true that the court *may* use its discretion and not divide this debt, the debt IS presumptively marital under Wisconsin Law, and thus presumed to be an equal debt. Whether that presumption is overcome will depend on many more facts than listed in your initial inquiry. For example,... Read more »

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2 Answers | Asked in Divorce for Wisconsin on
Q: Is money to be split 50/50 until divorce is final
David N. Iancu
David N. Iancu answered on Oct 25, 2020

There are many factors that a court will use to determine how parties share income or assets while a divorce is pending. Presumptively, all assets are marital and shared until the divorce is final, but the court has the authority to deviate from that on a temporary basis.

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2 Answers | Asked in Divorce for Wisconsin on
Q: Can my soon to be ex husband take me off his life insurance and add girlfriend as primary before divorce is final?
David N. Iancu
David N. Iancu answered on Oct 20, 2020

No, that is generally a prohibited action. You should consult with an attorney to consider filing a motion for contempt/for relief to stop it.

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1 Answer | Asked in Family Law and Civil Rights for Wisconsin on
Q: Hi I have a problem. My wife and I are separated but live in the same apartment complex she has my daughter

Wife will not let me see my daughter keeps telling she does not want to see me. Week ago my daughter wanted commit suicid was in hospital. My wife makes poor choices and hangs around these couple that are divorced but live together and lives in same apartment complex and these couple have stuck... Read more »

David N. Iancu
David N. Iancu answered on Oct 7, 2020

Sorry to hear about your situation. You would need to file for divorce/legal separation and then seek temporary orders re: physical placement of your daughter if you want to have a legally enforceable court order to see your daughter or keep her from a harmful environment.

1 Answer | Asked in Divorce for Wisconsin on
Q: My divorce has been going on since 2016 as far as I knew we had came to agreement on everything

Now when I look at ccap it says contested divorce now I’m not sure why or what that means

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

That typically means that your case is set for trial. Feel free to reach out and we can help you figure that out.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: What do I do if I’m being refused my children and being threatened with child support?

What do I do if I’m being refused my children and being threatened with child support?, I have no parental rights/custody

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

Assuming you are the father and not the mother, if paternity has not been established you will need to do so if you want to gain physical placement rights. There is no child support until paterntoth is established and a request is made for the same through the courts.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I have concerns the lawyer I hired is unable to maintain impartiality in my divorce case. I don’t know what to do.

She is communicating regularly with my husband to obtain information but he is uncooperative and unwilling. He is spending our joint checking and savings at will. He does not have his own attorney.

David N. Iancu
David N. Iancu answered on Aug 13, 2020

If you do not have confidence in your current counsel you should consider a new attorney. You have the right to change lawyers at any time. There is a fairly simple procedure for changing lawyers.

2 Answers | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: At commissioner hearing mother was awarded sole custody does father still have any rights?
David N. Iancu
David N. Iancu answered on Jul 25, 2020

Yes. Custody is decision making power and does not affect rights to see a child, for example.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I think my husband is filing for a divorce. His name is on the deed of the house. What are my rights to the house?
David N. Iancu
David N. Iancu answered on Jul 2, 2020

Wisconsin is a marital property law state. Even if your name is not on the deed, the home is preemptively 50/50. There are factors that can change that, of course and discussing with an experienced family lawyer makes sense in this situation.

2 Answers | Asked in Divorce for Wisconsin on
Q: Divorce decree states ex must refinance home to get in her name only. My name no longer on deed but still on mortgage

It has been 2 years and still not done. Do I nees to hire an attorney to help make her do this?

David N. Iancu
David N. Iancu answered on Jun 30, 2020

You need to file a contempt motion and seek that the court and force your court orders. An Attorney can certainly be helpful to make sure it is done properly and timely, but you don’t “need“ an attorney.

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1 Answer | Asked in Divorce for Wisconsin on
Q: I need a quote on a non contested divorce. There are some complications that stop me from being able to do it online.

Have been married for 10 years, separated for 9. I have another child in which my spouse is not the father. I was told i need a divorce in order for me to establish paternity for the baby. Other wise, all other issues are non contested.

David N. Iancu
David N. Iancu answered on May 8, 2020

Please contact our law firm at (414) 453-0800 if you'd like a quote.

Karp & Iancu

1 Answer | Asked in Divorce for Wisconsin on
Q: I am living with a man who is still married but separated, in my house,does his ex have any rights to move in?
David N. Iancu
David N. Iancu answered on Apr 11, 2020

No, his wife does not have the right to move in to your home in this situation.

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