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Wisconsin Family Law Questions & Answers
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 Child Custody and Family Law for Wisconsin on
Q: Can I lose custody of my son due to a mental illness?

Depression, PTSD, ADHD

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

If your mental illness is preventing you from safely parenting your child, this is a possibility. If you are functioning well and taking prescribed medications to control your mental illness, it is unlikely that you would lose custody or placement. Without knowing the nature of your diagnosis, it... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Can my ex who is an attorney, represent himself in the state of WI? He lives in Illinois.
Jane E. Probst
Jane E. Probst answered on Apr 4, 2021

Normally, an attorney must also be licensed to practice law in the State of Wisconsin. However, he could represent himself pro se, meaning unrepresented by counsel, if he so chooses.

2 Answers | Asked in Bankruptcy and Family Law for Wisconsin on
Q: Can someone just stop paying for 50% of their childs needs if they are filing bankruptcy, if its a court order?

My fiances ex is filing for bankruptcy so she says. The child needs braces and 2 cavities filled and she is stating she will not be paying for them since she cant afford it. They have a court order that they both have to cover 50% of medical and dental cost. Is there something we can do about this?... Read more »

Timothy Denison
Timothy Denison answered on Mar 30, 2021

No. The child’s braces and the like are not dischargeable in bankruptcy and he can be held in contempt for failing to pay as ordered.

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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 Family Law for Wisconsin on
Q: ex didn't follow orders for 4 years. took to court for enforcement, judge said I abandoned kids, and pay $1000 gal fee

She took the kids and I didn't know where they were for the first 6 months. Then, after the court order, I was granted supervised visitation only, because I was on probation. The supervisor my ex listed on the order, whom she didn't even ask beforehand, was my sister. Not wanting to get... Read more »

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

There would need to be more information provided to respond to this question, primarily for which reason were you on probation. What were the charges. Also, were you incarcerated for a period? You should consult with an experienced family law attorney to determine your rights and strategy.

1 Answer | Asked in Family Law for Wisconsin on
Q: Could my moms husband sign my emancipation papers? I live in the United States and to be more specific Wisconsin
Jane E. Probst
Jane E. Probst answered on Mar 9, 2021

No. Your stepfather is not your biological or legal parent. Your biological parents are your legal custodians unless your stepfather has adopted you.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Do we need to file for legal guardian or custody if my ex sister in law from seattle wa, wants to send my nephew to

Live with us, the father's sisters, nin wisconsin? The father is in prision at this time and will be out in 2 years. He had sole custody of the child.

Jane E. Probst
Jane E. Probst answered on Mar 5, 2021

You would need to file a Petition for Guardianship once your nephew is present in the State of Wisconsin. Both parents will need to be served with Notice of the Petition and the hearing.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Changing physical custody and placement from full to shared.

Ok well Aug 2018 I was using drugs and I tried committing suicide slit my wrist, got put on a chapter 51 , sent to a group home by the judge until end of Dec 2018, kicked out for using drugs in there, Nov 2019 got a misdemeanor drug/paraphanelia charge and put on probation, during my time in the... Read more »

Jane E. Probst
Jane E. Probst answered on Mar 3, 2021

If your situation has changed substantially since the time of the last Order, you can file a Motion to Modify Placement and Custody if the last Order was not the initial Order. Otherwise, you can also file a Petition to Enforce the existing placement schedule and request that the Court find him in... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: Moving pregnant out of US with no consent from the father who currently denies the kid. What if he changes his mind?

Hi

I am a US citizen with a dual US-European citizenship, living in Wisconsin.

I'm mid-term with a baby fathered by a US citizen who said he does not want the kid. If I move back to Europe, give birth and he then changes his mind, I will not be willing to return to US. His... Read more »

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

Until the time he is the adjudicated father after the child is born, he has no legal rights to the child unless you were married. Once the child is born, his placement and custodial rights would be under the laws of the Country in which the child is born.

1 Answer | Asked in Family Law for Wisconsin on
Q: The dad has primary placement, joint legal custody with decision Making up to father, my visits are to be supervised by

An adult acceptable to the father. We finished chips case 2years ago and it says it expires 2/4/2020 on case order next to where the order was written. Does that mean I still have no say or have to be supervised still? I was already allowed to take my kid for months at at time during quarentine.... Read more »

Jane E. Probst
Jane E. Probst answered on Feb 23, 2021

Not everything is clear as to your status. If the Chips order is expired, the family court Order controls. If there has been a substantial change of circumstances, you need to file a Motion for Modification of the Temporary Order as to placement of the children.

2 Answers | Asked in Child Custody, Child Support and Family Law for Wisconsin on
Q: If behind on child support can they claim children on taxes their ordered year?
Jane E. Probst
Jane E. Probst answered on Feb 17, 2021

It depends on the language in the order. It would specifically need to state that they need to be substantially current in the order if they are to lose the deduction for that calendar year.

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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 Child Custody, Child Support and Family Law for Wisconsin on
Q: How am I responsible for my child’s medical?

I haven’t seen my son in 2 years because of a retraining order and was told today that my new job received a letter stating I have to cover my sons medical insurance. So now I have to pay child support for a child I don’t see and pay for his medical when his mom already get MA how is that... Read more »

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

The restraining order does not affect any prior support or medical bill responsibilities set forth in another Order. However, unless the restraining order is against the child, and not just the other parent, you still have placement rights to the child. You should consult with an experienced... Read more »

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can a judge court order a psychological assessment in child custody without appointing an assessor?
Jane E. Probst
Jane E. Probst answered on Feb 9, 2021

Yes. The Court may order a psychological assessment, but leave the choice to the agreement of the Counsel or the choice of the Guardian ad Litem.

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: If my husband & I decide to 50/50 placement am I able to move 20 miles away? I currently have primary placement.

I’m currently & have been a stay at home mom for 5 years & have primary placement. He wants to do 50/50 but his job is extremely demanding...for example this week he was supposed to have dinner with my 2 girls both tues & thurs evening & have them this weekend for 2 overnights. He... Read more »

Jane E. Probst
Jane E. Probst answered on Jan 28, 2021

If you currently have primary physical placement, the current Order is still in full force and effect until modified by a Court Order. If the initial placement Order has been in full force and effect for more than two years, he has to prove that there has been a substantial change of circumstances... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I’m looking for a family law attorney, that is where my divorce was, I now reside in Florida

Divorce was in Wisconsin

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

Are you saying that your divorce action was in Wisconsin or Florida? Also, if Wisconsin, which County?

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.;

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: My son's mom lied about me being the father to prolong her custody, is there anything I can do
Jane E. Probst
Jane E. Probst answered on Jan 19, 2021

I am sorry, but your question is a unclear. Are you saying you are or are not the father of your son? Or, did she deny that you are the father to delay an adjudication of paternity?

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