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.

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... View More

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

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

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

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

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.

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... View More

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,... View More

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.

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.

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.

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

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.

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.

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

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.

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.

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

Karp & Iancu

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