Wisconsin Child Custody Questions & Answers

Q: Were can I find legal aid in manitowoc Wisconsin for divorce and custody and support payments my husband took it all

1 Answer | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Answered on Sep 12, 2018
T. J. Jesky's answer
Try contacting: Calumet/Manitowoc Public Defender Office, 933 South 8th Street, Ste. 102 Manitowoc, WI 54220-4534, Phone: 920-683-4690

Q: Got married in Italy, trying to get a divorce and solve child support issues. International lawyer needed

1 Answer | Asked in Child Custody, Child Support, Divorce and International Law for Wisconsin on
Answered on Apr 4, 2018
Richard Sternberg's answer
I don't mind the work, but I'm willing to bet before interviewing and researching it that the non-custodial spouse is in a country that is a signatory of the Hague Convention. You need a lawyer in the jurisdiction where the custodial parent and the children live. The child support formula of that jurisdiction will be used in reaching a judgment, and the country where the non-custodial parent lives will enforce it. Sometimes.

Q: A payor pays support in two seperate case,the child in the first case passed away.Can I ask for an increase? In Wi

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Sep 18, 2017
Stefan Otterson's answer
Yes, assuming your child support was based on an income calculation that deducted support paid to the child from a previous relationship. However, the $50 amount suggests that the payor's income is very low, so adding that previous support amount back into his/her income may not bring the amount above the $50 minimum. You'll need to ask the payor for a current tax return and paystubs, and then do the math. You can ask for recalculation if the difference is more than 15%.

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?

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Answered on Sep 12, 2017
Michael Edwards' answer
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 well. Going by the standard percentage calculation in Wisconsin, child support would be calculated using 17% of the payer's gross monthly income.

Q: What paperwork needs to filed to change placement and child support for a child? Both parties are in agreement.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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 will not go into effect until the family court commissioner or judge have signed off on the document.

Q: What happens if neither party show up for child support

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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.

Q: My ex was ordered to pay child support. I just graduated and started working. He has quit showing up for his job.

1 Answer | Asked in Child Custody and Child Support for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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 into that decision as well. I would honestly need to know more information about your situation to give you a more specific answer though.

Q: I am supposed to have contact with my 3 children and I haven't since the end of January. What can I do?

1 Answer | Asked in Child Custody for Wisconsin on
Answered on Aug 23, 2017
Michael Edwards' answer
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 have specific placement rights and your ex-husband is not allowing you to exercise that placement, you need to file an Enforcement of Physical Placement to notify the court.

Q: If your married and your wife has a baby by another man what legal rights do I have

1 Answer | Asked in Child Custody for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
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 the parental rights of the biological father.

Q: My 15 yr old wants to come live with me. Her dad and i were never married and never went to court for custody.

1 Answer | Asked in Child Custody for Wisconsin on
Answered on Jun 12, 2017
Michael Edwards' answer
Considering that it doesn't sound like there are any existing court orders regarding placement and custody, it seems to me that you would be best off petitioning the court in Dane County for custody and placement orders. Without any existing orders in place, you would most likely have to open an action for DNA/Paternity in order to eventually get a court order for physical placement and legal custody. Just remember that custody and placement are two different things; custody is the ability to...

Q: I and my husband divorced. Him and I made a agreement that we will have the kids one week on one week off....

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Answered on Jun 12, 2017
Michael Edwards' answer
It depends on if this agreement on placement was part of the initial divorce proceeding. In other words, if you incorporated this agreement in writing as part of the divorce proceedings and the court accepted this, then it is a court order and he is obliged to follow it. However, if for some reason he decides that he does not like this arrangement anymore, he can go to court to request a post judgment modification of that order. That does not necessarily mean he will get what he wants in his...

Q: If you're going to court for child support will placement of children change of a motion to change it hasn't been filed

1 Answer | Asked in Child Support and Child Custody for Wisconsin on
Answered on May 30, 2017
Sallie Leigh Rubenzer's answer
No, the court will base child support based on the percentage of placement as set forth in the current order.

Q: My ex girlfriend who was pregnant with my child left the state to California what can I do to be able to see my child?

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Answered on Feb 16, 2017
Brian Lehman's answer
You need to get a court order requiring visitation. You should really talk with a lawyer about the facts of the case and go from there.

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