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Questions Answered by Michael Edwards
1 Answer | Asked in Family Law for Wisconsin on
Q: how can I initiate a paternity action as the father. The child is in Jackson county, I live in Trempealeau county
Michael Edwards
Michael Edwards answered on Sep 12, 2017

You can file the paternity action either in Jackson County or Trempealeau County. I would think that the better option in this case though would be to file in Jackson County since the I assume the child is living with the other parent in that county.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: can I get child support for my son who lives with me full time if there is not a court order yet in place?

We had joint placement but my ex didn't have day care for him so he said I had to take him for the summer. Now that schools in place he wants him every other week again and I think he's doing much better full time with me. He refuses to pay anything more.

Michael Edwards
Michael Edwards answered on Sep 12, 2017

If you want to receive child support, you would need a court order in place to be able to enforce it. In most cases, child support will follow a placement order so you will probably want to request an order for primary placement and then request the court to calculate child support for that as... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: If my son still lives at home with my ex wife and my ex wife files a report that she no longer wants child suport.

My ex filed this report so I will wipe her slate clean of all the Dr bills she owes me, can she have my son come after me for child support ? He is 18 and emancipated but still in school.

Michael Edwards
Michael Edwards answered on Aug 25, 2017

Once your son is 18, you no longer have an obligation to pay your ex-wife child support for that child. Child support needs to be notified of the fact that he has reached 18 years of age. There is no possible way your son to receive child support from you though. Child support is going to be paid... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: In Wisconsin can you get a divorce while pregnant
Michael Edwards
Michael Edwards answered on Aug 23, 2017

Under Wisconsin law, if one of the parties is pregnant during the divorce, the divorce cannot be finalized until the child is born.

1 Answer | Asked in Divorce for Wisconsin on
Q: I live in Wisconsin. Been married almost 9 yrs, and getting a divorce. What I'm I entitled to as far as our house?

When we bought the house, It was in his name only because my credit wasn't great. I recently was told by a friend that I'm entitled to half of what the house is worth. Our court date is in 3 days. What should i do?

Michael Edwards
Michael Edwards answered on Aug 23, 2017

There are many factors that play into this decision. Your friend is partially correct since Wisconsin is a marital property state meaning that the default assumption is that marital property will be divided equally among the parties. However, there are a number of factors that may cause the court... Read more »

1 Answer | Asked in Domestic Violence for Wisconsin on
Q: I was a victim of domestic abuse for years. He moved away but still comes back a lot, can he be arrested?

I have pictures from injuries from the abuse, text messages from him admitting it, a journal of all the dates, and witnesses. Can he be arrested?

Michael Edwards
Michael Edwards answered on Aug 23, 2017

It all depends on what he is doing when he keeps coming back to the residence. If he is engaged in violent or offensive behavior with you, consider notifying the police since you can get a record of it from a police report. If this happens frequently, you may want to consider filing for a... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: What paperwork needs to filed to change placement and child support for a child? Both parties are in agreement.

We were divorced in Racine County

Michael Edwards
Michael Edwards answered on Aug 23, 2017

Since both of you are in agreement with regard to the changing placement and child support, you can file a stipulation with the court highlighting the changes you wish to make. Both of you need to sign this document and you will need to have it notarized as well. However, be aware that the changes... Read more »

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: What happens if neither party show up for child support
Michael Edwards
Michael Edwards answered on Aug 23, 2017

If neither party shows up for a child support hearing, it is likely the case will be dismissed and the judge will not make a ruling on the issue.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Q: My ex was ordered to pay child support. I just graduated and started working. He has quit showing up for his job.

Can he fight me for more time w our son? Or try to get child support from me?

Michael Edwards
Michael Edwards answered on Aug 23, 2017

He can fight you all he wants for more placement or child support but that does not necessarily mean he is going to get what he wants. He is not likely going to be able to get child support from you unless he has the majority of the placement time. Of course there are many other factors that play... Read more »

1 Answer | Asked in Child Custody for Wisconsin on
Q: I am supposed to have contact with my 3 children and I haven't since the end of January. What can I do?

My ex-husband and I have had a temporary order for physical placement and legal custody in place for over a year and a half. It states that I am to have contact with our 3 children and I have not had contact with them since the end of January, and before that it was few and very far between. I'm... Read more »

Michael Edwards
Michael Edwards answered on Aug 23, 2017

As you say he is your ex-husband, I am assuming you have already gotten the final decree of divorce. If that is the case, I am not sure why there would be a temporary since that would have been valid only during the interim of the divorce process. Either way, if you have a court order stating you... Read more »

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Will child support increase if I get a new job with higher compensation?

The mother and I are on good terms and have not reviewed or modified the CS order since 2011. We split everything.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Child support will not automatically increase if you get a new job with higher pay. There would be a higher chance of that child support amount increasing if mother decides she wants to go through with a review of the child support or if she files a motion stating she would like to have that... Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Will my exhusband still have to pay support if my 14 yr old wants to change her last name? I have soul custody of her.

He has not seen her in 6 years.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Your daughter getting her last name changed should not have any effect on the payment of child support.

1 Answer | Asked in Child Support for Wisconsin on
Q: A women I slept with 14 years ago just had me DNA tested am I going to have to pay her 14 years of child support
Michael Edwards
Michael Edwards answered on Aug 22, 2017

The short answer is no. She cannot bring a claim to make up for child support payments she had not legally been entitled to before getting a court order as a result of a DNA test.

1 Answer | Asked in Child Custody for Wisconsin on
Q: If your married and your wife has a baby by another man what legal rights do I have
Michael Edwards
Michael Edwards answered on Aug 22, 2017

So if I understand your question correctly, you are describing a situation where you are married to a woman who has a child with another man from a past relationship. If that is the case, you technically do not have any rights to that child unless you adopted the child following a termination of... Read more »

1 Answer | Asked in Contracts and Consumer Law for Wisconsin on
Q: Can a company or business make you sign any paperwork with out fully reading it first.

They said they will tell us the main points and sign the paperwork right away and you can read the rest later after already signing the paperwork. They also said if anyone makes an ordeal over it they will take stuff away like the use of headphones and that.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

You might possible have a case as this company seems to have forced you to sign under duress, but this may not be an especially strong case. It is important to understand that under normal conditions when you record your signature on the contract, you will be bound to the terms of the contract. It... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Wisconsin on
Q: just turend 18 and I'm dating a 16 year old that is about to be 17 in 3 months I've been dating for 1 year is it legal?
Michael Edwards
Michael Edwards answered on Aug 22, 2017

There is noting wrong with you two dating each other and having physical contact with each other. What you do need to be aware of is that since you are the age of majority (18) and your significant other is still a minor, it is against the law to have any sexual relations with them until they reach... Read more »

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: I had a child support case that's been closed, how do I go about getting it reopened?
Michael Edwards
Michael Edwards answered on Aug 22, 2017

It depends on why you want to reopen the case. If you are trying to make a change to the current child support order, you would probably want to file a modification motion. However, if you are trying to notify the court that the paying party is not paying their support obligations then you are... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Can a lawyer charge their client for a phone call with the a person who is not represented?

I got my final bill from my attorney and was charged for a phone call my attorney had with my ex- wife.

Michael Edwards
Michael Edwards answered on Aug 22, 2017

Most lawyers will charge their clients for any phone calls they make or receive that are related to that client's particular case.

1 Answer | Asked in Family Law and Juvenile Law for Wisconsin on
Q: In Wisconsin could a 17 year old be emancipated

I am 16 and a half and I would like to be emancipated by the time I turn 17

Michael Edwards
Michael Edwards answered on Aug 22, 2017

There is no statute in Wisconsin. You'll have to wait until you are the age of majority. If you are not safe at home, contact the local social services agency to get help.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm worried about retaliation. Do I need to give special notice to my husband before I file for divorce?
Michael Edwards
Michael Edwards answered on Aug 2, 2017

The only required notice you have to give to your husband is once you actually file the petition for divorce. You begin the process by filling out a summons and petition for divorce. In order to move forward with the divorce, your husband needs to be served with the summons and petition which would... Read more »

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