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Wisconsin Questions & Answers
2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Employer not changing Ch.13 wage garnishment, states they have not received the court order after almost two months.

I had my wage garnishment lowered by the bankruptcy court and almost 2 months later, my employer still has not lowered the amount. After contacting my employer, they stated they did not receive a copy of the court order and they asked me to fax them a copy of the court order so that they could... Read more »

David Luther Woodward
David Luther Woodward answered on Jan 19, 2022

It is obvious from the tenor of your question that you are doing a DIY bankruptcy. That's your first mistake. You are making assumptions that things happen automatically when for the most part they don't.

Go get a lawyer to help you sort this out.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Is there a way to track the exact date an employer receives a copy of a court order lowering Ch. 13 payments?

I received a court ordered reduction in my Ch. 13 repayment plan almost two months ago and received my copy of the order a month ago yet my employer claims they have not received the order yet and thus have not lowered my payments. My employer is notorious for delaying changes to employees... Read more »

Timothy Denison
Timothy Denison answered on Jan 14, 2022

You can establish the mailing date to the employer by checking PACER. That’s about as close as you can get.

1 Answer | Asked in Bankruptcy and Identity Theft for Wisconsin on
Q: I was served court paperwork today by a deputy. I looked at the paperwork and its about a loan.

I don't recognize the loan and i wanted to know what kind of attorney can help me fight this since I think i might be the victim of identity theft.

Timothy Denison
Timothy Denison answered on Dec 29, 2021

You need a debtors rights attorney.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Which is easier: spousal immigration visa if the sponsor is in the US or if the sponsor shows intent to move to the US?

I'm an American citizen, married to a Chinese National. Both of us living in China. We'd like to minimize the amount of time we spend apart in our attempts to get my wife an immigration visa. Can a decent case be made to show intent of going to the US, so that we both can go at the same... Read more »

Samuil Buschkin
Samuil Buschkin answered on Dec 23, 2021

Sponsor in USCIS terminology is a third party financial sponsor, typically. You, USC (citizen of US), would be the spouse-petitioner, she the beneficiary.

It's definitely easier and better to apply from within the US unless you both can't make it there and can instead wait for...
Read more »

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1 Answer | Asked in Adoption and Family Law for Wisconsin on
Q: How does a father sign over his rights?

My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.

I have no idea what paperwork needs to be filled... Read more »

Jane E. Probst
Jane E. Probst answered on Dec 22, 2021

It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a... Read more »

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My girlfriend has a baby with another man and they are in child custody court. The father is saying I can't be around

I have a record and he is saying I can't be around the child. But I've been out of trouble.

Jane E. Probst
Jane E. Probst answered on Dec 10, 2021

Whether you can be around the child would depend on the nature of your record of convictions and whether the Court and Guardian ad Litem believe that it would not be in the best interests of the children for you to have contact with them. More information would be needed to respond to this... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Wisconsin on
Q: How do I fight a citation?

I was recently involved in a vehicle accident, and I would like to fight the citation for failure to yield when there's no yield sign one and two I was already in the middle of my turn when the vehicle came flying down the road.

Tim Akpinar
Tim Akpinar answered on Nov 21, 2021

A Wisconsin attorney could advise best, but your question remains open for four weeks. By now, you may have already involved a traffic ticket attorney to challenge the citation. As a general matter nationwide, there are settings where a yield sign is not necessarily required for such a... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Can the guardians of my child deny me visitation and all forms of communication without approval from a judge?
Jane E. Probst
Jane E. Probst answered on Nov 16, 2021

If they have guardiandship, the answer is yes, absent a court order.

3 Answers | Asked in Education Law and Immigration Law for Wisconsin on
Q: Hey I’m Moh, I was a student. I left the school for financial problems during Covid hit. My sevis has been canceled.

I have a girl friend and looking forward to get married soon, what’s the procedure? I haven’t take any steps further yet

Tia L. Smith
Tia L. Smith answered on Nov 9, 2021

Assuming you qualify, once you are married, you would need to file for an adjustment of status, which is a multi-step process. Please contact immigration counsel to discuss specific requirements and costs associated with filing. Best of luck!

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1 Answer | Asked in Estate Planning and Real Estate Law for Wisconsin on
Q: Unmarried, both on deed, what happens if he dies?

My partner and I own a house together and have one minor child together. He has no other children and does not have a will. If he were to die, what would happen with the house? Would I be able to take over the mortgage? Would I be responsible to pay off his car and credit cards before I could do... Read more »

Thomas B. Burton
Thomas B. Burton answered on Nov 9, 2021

Hello, if you are unmarried and own the house together it will depend on how the title to the home is held. This will be reflected on the deed when you purchase the property. If you are both on the title to the property, then it depends on if you hold title as "Joint Tenants with Rights of... Read more »

2 Answers | Asked in Copyright for Wisconsin on
Q: Can I use copyrighted assets for parody project and get compensation through donations for said project?

I created a video game addon that used official images of Flex Seal products and Phil Swift's likeness. I emailed his company asking if I could make a donation page to get a small amount of compensation from the addon and they said no. I then asked if I could continue to make the project for... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Oct 28, 2021

You DEFINITELY should consult with an attorney to assess your risks

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1 Answer | Asked in Estate Planning for Wisconsin on
Q: how long can creditors claim on the estate in WI?
Thomas B. Burton
Thomas B. Burton answered on Oct 27, 2021

After an application for administration has been filed (a probate court action has been initiated properly with the probate court) creditors have from 3-4 months to file their claim. The Court will set this deadline for a formal administration or the probate registrar will set the deadline for an... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: If my child's father signs away his rights is he still required to pay child support if I'm receiving state aid
Jane E. Probst
Jane E. Probst answered on Oct 19, 2021

Unless his parental rights are terminated in a Children's Court proceeding, he will still have a child support obligation. The child would need to be adopted by a step-parent. his parental rights can not be terminated by a family court action.

1 Answer | Asked in Civil Litigation, Civil Rights and Small Claims for Wisconsin on
Q: Civil Judgement help. We cant get info to pay a judgment.

My husband got into fight that resulted in restitution for hospital bills after he was released off probation and they turned it into a judgement. We have been trying to get ahold of the hospital to pay this off they wont give any information to us because it is someone elses name. We call... Read more »

Emmanuel Muwonge
Emmanuel Muwonge answered on Oct 13, 2021

Why don't you call the hospital and request you need to speak with the legal department. If they don't have one, ask to speak with the individual responsible for payments due to the hospital and tell them you need help finding out where to send the payment. If that fails, send them the... Read more »

2 Answers | Asked in Estate Planning for Wisconsin on
Q: My dad is going into hospice and passing soon. The house is in his name but has a loan out on the house.

He has no will. If he passes does the house transfer to me and I take over payments or does the bank get it. I’ve been living there for years

Thomas B. Burton
Thomas B. Burton answered on Oct 13, 2021

Hello I am sorry to hear about your father. If he has no Will or Trust, then the house and any of his other assets subject to probate would pass according to the laws of intestacy. If you are the only living child, you may be an heir, but if there are other children, or a surviving spouse, then... Read more »

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1 Answer | Asked in Child Support for Wisconsin on
Q: My husband is paying child support for his 19 yo daughter that lives in Puerto Rico. Her mother is receiving the pymts.

My daughter is married, pregnant and she does not live with her mother. Is there a way to stop the payments since my daughter is an independent adult?

Jane E. Probst
Jane E. Probst answered on Oct 11, 2021

It depends on the State in which the child support Order was entered. Each State has different laws as to when a child is deemed emancipated. In Wisconsin, if she is married and pregnant, she is deemed emancipated. He would need to file a Motion to terminate the maintenance.

1 Answer | Asked in Family Law for Wisconsin on
Q: My daughter’s father owes me a significant amount in back child support. She’s now over 18. What can I do to collect?

With arrears and interest it’s over $100k. I don’t know his financial standings, but for my daughter I want to know what I could do.

Jane E. Probst
Jane E. Probst answered on Oct 11, 2021

You can still file a Motion for Contempt and for repayment of arrears. The money is still owed to you, even if your daughter is emancipated.

3 Answers | Asked in Immigration Law for Wisconsin on
Q: Can I travel internationaly during the last 90 days of my cond residency without having filed for removal of conditions?

My conditional greencard expires in January 20, 2022. I have a scheduled international trip on November, 5 2021 (less than 90 days before expiration of Conditional green card). I wont be able to file for removal of conditions before that. I am planning to file when I came back by the end of... Read more »

Adan Vega
Adan Vega answered on Oct 8, 2021

The USCIS receipt notice of the FORM I-751allows you to travel abroad beyond the expiration of the conditional resident card. Without the I-751 receipt notice , you must complete your international travels prior to January 20, 2022. Depending on the international location of your destination,... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: I am searching for guidance and possible representation regarding my current child support situation.

My Ex has 3 kids under age 18; 1 from previous ex-wife, and 2 with me.

1st kid-he pays child support, order is through Walworth Co. Court.

We then had our child together; [we are unmarried] order was placed for him to pay support to me -also through Walworth Co. We then moved into... Read more »

Michael Edwards
Michael Edwards answered on Oct 7, 2021

If you are a aware that father is living with a convicted felon, you are certainly justified to be concerned about your kids being in that environment. Revisiting placement could be an option for you depending on what the current orders are set at. For child support, I would need some additional... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: Will my wife receive the majority of the equity in our house? We live in Wisconsin.

Been married for 8yrs. Together for 15yrs. House was purchased and lived in by both of us for the last 13yrs. The title and mortgage was in her name initially due to my less than stellar credit at the time of purchase. We have since refinanced the home and both names are now on the mortgage and... Read more »

Jane E. Probst
Jane E. Probst answered on Sep 27, 2021

If you have refinanced the mortgage in both of your names and made mortgage payments during the marriage, it has become a marital asset.

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