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Wisconsin Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: If I have 50/50 legal custody and 100% physical custody can their mom change the order and move away with kids?

I have 50/50 legal custody and 100% physical custody. I got divorced September of 2020. Their mom does not take them overnight and rarely ever sees them. She now says she is moving to Arizona and wants the kids for the summer months. Is there a way she will be able to change the order and move away... Read more »

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

No. She would need to file a Motion for Modification of Placement or you both would need to sign a Stipulation and Order for modification of the Order to allow her summer placement. She needs an Order of the Court. If she does not have the Court Order, she can not remove them without your... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: As poa can I stop his alimony if he is in prison

Can the poa get in trouble if I stop alimony payments while he is in prison

Jane E. Probst
Jane E. Probst answered on May 25, 2021

Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... Read more »

Jane E. Probst
Jane E. Probst answered on Apr 8, 2021

If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... Read more »

1 Answer | Asked in Divorce and Tax Law for Wisconsin on
Q: Do refundable tax credits (e.g. EIC) or the ongoing stimulus credits related to COVID-19 count as gross income in WI?

DCF 150 has a broad definition of income and it's not clear if these would count as gross income for either the calculation of child support or any existing order that requires a reconciliation of support based on gross income.

David N. Iancu
David N. Iancu answered on Mar 29, 2021

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.

2 Answers | Asked in Divorce for Wisconsin on
Q: What is the date of valuation for a 401k? The date of separation or the date of divorce?
Jane E. Probst
Jane E. Probst answered on Mar 26, 2021

The date of divorce.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex went back to her home country for vacations, and decided to baptized our son without my consent. Disobey courtordr
Jane E. Probst
Jane E. Probst answered on Mar 21, 2021

You can file a Motion for Contempt, but the action is already done. If you have a conflict as to the religion in which you wish for your child to be raised, you should file a Motion with the Court.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: so my dismissal was set for last March

so my dismissal was set for last March but the pandemic hit and the courthouse closed my question is since it was no fault of mine will I have to restart the whole process again?

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

If your case was dismissed, you will need to refile.

1 Answer | Asked in Divorce and Collections for Wisconsin on
Q: Can my fiance's charged-off debt come to me once we are married?

My fiance has a bad auto debt with his ex-wife. She got the vehicle in the divorce. However, failed to make the payments. The account shows on my fiance's credit report as Charged-off with a $0 balance.

Jane E. Probst
Jane E. Probst answered on Mar 4, 2021

Your fiance's premarital debt is her debt, and not yours. Any debt she brings into the marriage is hers. Absent a prenuptial agreement, any debt you accumulate during the marriage will be joint.

1 Answer | Asked in Divorce for Wisconsin on
Q: The information on my post nup was filled with the wrong information.. does that nullify the post nup?

It was filed.. the dates were incorrect..

Jane E. Probst
Jane E. Probst answered on Mar 1, 2021

It depends. If it was only a date, that, in and by itself, may not nullify a prenuptial agreement. To be a valid prenuptial agreement, each party must make full disclosure of his or her income, assets and liabilities. They must also have adequate time to review, preferably with the assistance of... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Wisconsin on
Q: There was verbally a document written up by my lawyer to the guardian ad litem, does that document become void after?

The document was so that I would not see my significant other with a questionable past. I am in the middle.of a divorce and it was written up at the request of the guardian ad litem for my children. The person is not a danger to my children but the court knows nothing about his past because it was... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 16, 2021

While a divorce is pending,it is normally considered bad form to introduce the children to a new significant other. If the Guardian ad Litem advised you not to have the children around them, I recommend that you do so, since the GAL's recommendation carries a great deal of weight with the... Read more »

1 Answer | Asked in Divorce for Wisconsin on
Q: My husband and I are getting an amicable divorce. We need help filling out the paperwork. Any suggestions?
Jane E. Probst
Jane E. Probst answered on Feb 8, 2021

Just completing the paperwork is never as simple as people believe. Even if you are on good terms, there are many considerations that need to be taken into consideration such as retitling of property, calculation of support and custody and placement of children in some circumstances. It is always... Read more »

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Do you have to have a paternity test if the child is not the spouse's that you are divorcing?

my husband left the marriage after 6 months. a few months later i met someone and had a baby. the baby is not my husband's who is asking for a divorce. why do i need to get a paternity test if the baby is not his?

Jane E. Probst
Jane E. Probst answered on Jan 21, 2021

Yes. If a child is born to you while you are legally married to someone else, that child is presumed to be a child of your marriage. The marital presumption would need to be overcome by DNA testing and a paternity case should be filed, naming the biological father as the actual parent.;

2 Answers | Asked in Divorce for Wisconsin on
Q: I was divorced and was awarded our home and land. My ex refuses to sign the Quit Claim Deeds. I can’t afford to re-hire

my divorce attorney. Is there anything I can do?

David N. Iancu
David N. Iancu answered on Dec 12, 2020

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

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2 Answers | Asked in Child Custody, Child Support and Divorce for Wisconsin on
Q: Child Support with Step-up Custody

First we are considering a step-up custody plan and I make 3 times the salary he does. If we start at 70/30 I owe him $13 a month. But if he can complete a AA Program and a year of Soblerlink without drinking the custody plan will go to 50/50 and I would owe 825 to him a month. My question is will... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 11, 2020

If you agree to a change in child support or placement in the future, both of you can sign a Stipulation and Order for Modification and file it with the Court. By doing so, you both can avoid filing Motions and the need to appear at Court.

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1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: My ex doesn’t want my married girlfriend around our children. Can she do this?

My girlfriend doesn’t see her children for unknown reasons as she has not told me why. She doesn’t have placement or custody and a no contact order with her ex (husband). My ex doesn’t want our kids around her because the kids have said she’s hit them and holds her hand over their mouths.... Read more »

Jane E. Probst
Jane E. Probst answered on Nov 8, 2020

I would be concerned, as a parent, if your girlfriend does not have placement of her own children and a no contact Order with her ex. I can not say I blame your ex. If you have your children being physically disciplined by your girlfriend and you do not have knowledge as to why she has no... Read more »

2 Answers | Asked in Divorce for Wisconsin on
Q: Married 11 years - spouse student loans excess of $90K incurred prior to marriage. 50/50 split of this debt if divorce?

Only paid interest on loans, not in my name, has filed for 10 year forgiveness plan

Jane E. Probst
Jane E. Probst answered on Oct 27, 2020

If they were incurred prior to the marriage, these debts are not normally considered marital debt, absence some finding of hardhship to the court.

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1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: My husband of 21 yrs walked out on me & our daughter. Shocked. Didnt see that coming. Can I get 21 yrs alimony ?

I supported us over half our marriage. We decided I would stay home as I'm just about disabled. To care for our daughtr, home and dog. He would go to school for nursing after 1st yr. I would go to school. He finished his first yr as a RN. He literally walked out on us one day and moved in... Read more »

Jane E. Probst
Jane E. Probst answered on Oct 25, 2020

I am so sorry that you are going through this. The duration and amount of maintenance depends on numerous factors, including need and ability to pay. To determine the amount, his income would also be known. A 21 year marriage is considered a long term marriage. Maintenance could be limited term... Read more »

2 Answers | Asked in Divorce for Wisconsin on
Q: Is money to be split 50/50 until divorce is final
David N. Iancu
David N. Iancu answered on Oct 25, 2020

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.

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2 Answers | Asked in Divorce for Wisconsin on
Q: Can my soon to be ex husband take me off his life insurance and add girlfriend as primary before divorce is final?
David N. Iancu
David N. Iancu answered on Oct 20, 2020

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.

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1 Answer | Asked in Divorce for Wisconsin on
Q: My divorce has been going on since 2016 as far as I knew we had came to agreement on everything

Now when I look at ccap it says contested divorce now I’m not sure why or what that means

David N. Iancu
David N. Iancu answered on Oct 2, 2020

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

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