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Wisconsin Questions & Answers
1 Answer | Asked in Real Estate Law for Wisconsin on
Q: In Wisconsin, if a piece of land has no deed, who owns it? Does the state or county owm it?

Title company could not find chain of title, can't find any deed.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2022

Hire a competent attorney to search the Title. Start with the Tax Records, because either someone is paying property taxes or the County owns it. You may have to go back to Land Patents and then determine Heirship.

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: My children's mother just received a large divorce settlement from her next marriage. Can I claim child support on it?

no child support now. similar incomes. joint custody and placement.

Jane E. Probst
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Jane E. Probst
answered on Jun 23, 2022

No. That is a property division that took place for assets after your marriage. Child support she would be paid from the recent marriage would be for the benefit of the children from that marriage. If she received income producing assets in the property division of the recent divorce, that... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Wisconsin on
Q: My ex husband was arrested for 1 947.01(1) Disorderly Conduct Misd. B Modifier: 968.075(1)(a) Domestic Abuse

Recently had a court date extended but had to pay a signature bond with conditions. The conditions. He was not to come in contact with my home, vehicle etc except texts to exchange kids. I have a text to prove he was in my home. Now what

Jane E. Probst
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Jane E. Probst
answered on Jun 22, 2022

You need to contact the police to report this. If he violates conditions of the signature bond, it will be revoked or modified.

1 Answer | Asked in Intellectual Property for Wisconsin on
Q: If someone was to program a piece of software for an organization, hosted on their server, can they use it if they leave

Let's say you make a piece of software for an organization, and it is hosted upon their server, and also hosted on their github, but later moved it to your own personal private github.

There was no contract signed.

If you leave said organization, is the organization allowed to... Read more »

Peter D. Mlynek
Peter D. Mlynek
answered on Jun 19, 2022

That depends on factors, including whether the programmer was an employee or a contractor, whether the programmer owned it prior to the installation onto the server or it was done specifically for the company, and whether the person was paid for the work of writing the program, etc.

1 Answer | Asked in Family Law for Wisconsin on
Q: My biological father and his wife are trying to get grandparent visitation orders from the court for minor child.

At mediation I said every other Saturday but I haven’t signed the papers yet. Can I not sign them and just go to court? Also I need a lawyer and I have to write an answer to chapter 802 Wisconsin statute. Don’t know how.

Jane E. Probst
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Jane E. Probst
answered on Jun 13, 2022

A mediated agreement is not an Order of the Court until you have signed a Stipulation and it has been filed with the Court. Because of new grandparent visitation case law, grandparent visitation is not an automatic right. This is why you should consult with an experienced family law attorney.

1 Answer | Asked in Family Law for Wisconsin on
Q: How do I write a written answer to Chapter 802 of the state of Wisconsin Statutes.

I don’t have a lawyer as I can’t find one who does well I received a petition for grandparent visitation of minor child

Jane E. Probst
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Jane E. Probst
answered on Jun 13, 2022

In a written answer to the grandparent visitation, you need to respond in writing and admit or deny each allegation contained in the petition. You can then request dismissal of the action.

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: Child Support Payments?

My spouse and I are going through a divorce and child support is having me pay to my children's dad as he has open benefits from the government (foodshare). He does not work and is waiting on social security which has been pending for 2 some years. My questions is, if we were to drop the open... Read more »

Jane E. Probst
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Jane E. Probst
answered on Jun 10, 2022

If this is a Wisconsin case, I can respond. If it is a Minnesota case, I do not know the law in Minnesot since I am not licensed to practice law in that State. In Wisconsin, the State has an interest in the child support proceedings if a party is receiving State benefits. If the recipient is no... Read more »

1 Answer | Asked in Domestic Violence, Family Law and Civil Litigation for Wisconsin on
Q: Hi I was just wondering if I can get some help with a temporary restraining order that I got served on Saturday
Jane E. Probst
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Jane E. Probst
answered on Jun 8, 2022

You will need to contact a local attorney to discuss your matter in more detail.

1 Answer | Asked in Employment Law for Wisconsin on
Q: I signed a work contract, is this legal? “If you quit in 15 training days payment will not be provided for that period.”

And they have, “14 day notice required before quitting.”

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 7, 2022

Federal law requires that you be paid for all hours you actually work, including most training hours. Regardless of whether you signed this agreement, you must be paid for your training time. The 14-day notice requirement before submitting a resignation is permissible.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I sold a manufactured home and the new owner never titled it in their name. I requested a new title and received it.

If I have the new title, it is still mine?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You may have committed fraud. It might be prudent to sign the title over to the purchaser. At least hire a WI attorney to review the situation and explain your risks, both criminal and civil.

1 Answer | Asked in Criminal Law for Wisconsin on
Q: In Wisconsin, if a signature bond is set per case, does the court require a down payment as a % of a signature bond?

A non-trustworthy individual has told me that they need X amount of money because it helps cover their $500 deposit with the courts. However, after reading their case, the language of the case is as below.

If any amount of cash was owed to the courts as a condition of bail, wouldn't... Read more »

David Patton
David Patton
answered on Jun 2, 2022

No money is required for a signature bond.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Wisconsin on
Q: Land split, legal agreement

My brother and I were jointly gifted 20 acres of land in 2008 by an uncle. We have had the land surveyed and are splitting it into two 10 acre parcels (all of this has been completed) We want to draw up a legal agreement between us that neither party can sell their property outside of our family.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

You need a competent WI attorney to draft both Deeds with enforceable Restrictive Covenants in the Legal Descriptions. Your possible contract would only be enforceable between the contracting Parties. Covenants Running with the Land are necessary.

1 Answer | Asked in Child Support for Wisconsin on
Q: i recently got intouch with my birth father and he says he paid child support to the state but my mother and i got none

How can we obtain this or can we even now that im 42. i was born in wisconsin and he resides there as well if that helps.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 18, 2022

Your mother would need to contact Child Support Enforcement in the County in which it was paid to obtain a payment history.

1 Answer | Asked in Personal Injury for Wisconsin on
Q: What does consent to battery look like?
Tim Akpinar
Tim Akpinar
answered on May 12, 2022

A Wisconsin attorney could answer best, but your question remains open for two weeks. One example would be physical contact made in the course of a sport. Consent is implied there. If you are researching the subject for school, you could find examples along those lines. If this involves criminal... Read more »

1 Answer | Asked in Federal Crimes, Divorce, Family Law and International Law for Wisconsin on
Q: Hauge convention act. Is there any lawyers in Wisconsin that has experience handling this kind of case

I’m in Thailand. I’m trying to recover my children from USA the mother abducted them June 2021 I’ve been trying in the local courts in Thailand no luck I’ve been in contact for the last seven months with the US government for the hauge Convention act. Also the mother has been hiding the... Read more »

David Luther Woodward
David Luther Woodward
answered on May 12, 2022

The Hague Convention is useful in most situations, but you need a lawyer where the children are to file the appropriate action in the local court to determine.

But first, do you have a professional/lawyer in Thailand that is assisting you. If you don't, that you explain why things...
Read more »

1 Answer | Asked in Child Support for Wisconsin on
Q: Wisconsin. Wife is dyslexic and missed child support hearing yesterday. Court gave ex a free pass. What can she do?

THe ex husband has been able to afford killer attorneys and he has used his military service to skate on responsibilities. She was prepared for this hearing with inargualble facts about why he should be paying child support, he makes plenty of money and we have the kids 10 months of the year. The... Read more »

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 11, 2022

If she missed a hearing, she is found to be in default, thus allowing the husband to obtain the relief he seeks or dismissing her motion. If the Commissioner entered the Order, a Motion for De Novo Review can be filed as long as it is filed within the time limits in this county pursuant to Local... Read more »

1 Answer | Asked in Juvenile Law for Wisconsin on
Q: How can I access my juvenile records of sexual abuse by my uncle if they decided not to prosecute him? State of WI

He did confess and I was interviewed for several hours but ultimately the DA declined to prosecute.

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2022

Try the question for Wisconsin attorneys. The law is different in each state.

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Rights for Wisconsin on
Q: Can a collection firm charge a 6% interest on a court order amount
J. David Krekeler
J. David Krekeler
answered on Apr 25, 2022

Maybe, but probably not. You are apparently in Wisconsin, and you refer to “a court order amount.”

If by this you mean a judgment, then the rate is set by Wisconsin statutes. The judgment interest rate applicable to civil actions is 1% plus the prime interest rate in effect on January...
Read more »

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My grandmother passed away and left me land and a house. There is someone else living on the property. We can't agree.

The person living on the land has destroyed my house that is located in front. What can I do?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 18, 2022

You will have to hire a competent WI attorney to search the title, get the title in your name of record, then sue the occupant for Ejectment, Trespass and Damages.

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