Wisconsin Family Law Questions & Answers

Q: Is there any legal way to disown my mother and my sister?? I want nothing to do with my moms estate when she passes

1 Answer | Asked in Family Law and Probate for Wisconsin on
Answered on Apr 23, 2018
Sarah Lynn Ruffi's answer
When your mom passes, you can disclaim any inheritance.

Q: how can I initiate a paternity action as the father. The child is in Jackson county, I live in Trempealeau county

1 Answer | Asked in Family Law for Wisconsin on
Answered on Sep 12, 2017
Michael Edwards' answer
You can file the paternity action either in Jackson County or Trempealeau County. I would think that the better option in this case though would be to file in Jackson County since the I assume the child is living with the other parent in that county.

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: In Minnesota the eldest son inherits the family cabin unless being informed declines. What is the law in Wisconsin?

1 Answer | Asked in Estate Planning and Family Law for Wisconsin on
Answered on Sep 12, 2017
Kenneth V Zichi's answer
You are misinformed about MN law. In MOST states (and MN and WI are in that crowd) IF children inherit without a will, ALL children inherit equally. There are situations where children will NOT inherit without a will in MN (For example, if there is a surviving spouse who is also the parent of the children) and that can vary from state to state.

You need to get real legal advice from a licensed attorney (not a 'banker' practicing law without a license!) and I'd urge you to consult with...

Q: My Ex's 17year old son is beating up his 9year old (my son) brother on a regular basis. Could this count as child abuse?

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Answered on Sep 9, 2017
Stephen Pleck Johnson's answer
Yes, the 17 year old is an adult for criminal court and the charge could be disorderly conduct, battery, and felony child abuse.

Your suspicions are correct and it should be reported. If not, who is to protect the 9 year old?

Q: I had a child support case that's been closed, how do I go about getting it reopened?

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
It depends on why you want to reopen the case. If you are trying to make a change to the current child support order, you would probably want to file a modification motion. However, if you are trying to notify the court that the paying party is not paying their support obligations then you are going to want to file a contempt motion for nonpayment.

Q: Can a lawyer charge their client for a phone call with the a person who is not represented?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
Most lawyers will charge their clients for any phone calls they make or receive that are related to that client's particular case.

Q: In Wisconsin could a 17 year old be emancipated

1 Answer | Asked in Family Law and Juvenile Law for Wisconsin on
Answered on Aug 22, 2017
Michael Edwards' answer
There is no statute in Wisconsin. You'll have to wait until you are the age of majority. If you are not safe at home, contact the local social services agency to get help.

Q: I'm worried about retaliation. Do I need to give special notice to my husband before I file for divorce?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Aug 2, 2017
Michael Edwards' answer
The only required notice you have to give to your husband is once you actually file the petition for divorce. You begin the process by filling out a summons and petition for divorce. In order to move forward with the divorce, your husband needs to be served with the summons and petition which would then put him on notice of the initiated divorce action. If you are concerned he may act in a way that may put you in danger, you might want to consider filing a motion for a temporary order hearing...

Q: In Wisconsin can you get in trouble for dating someone while still legally married.?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Aug 2, 2017
Michael Edwards' answer
If I am understanding your question correctly, the answer would be that there is no issue with this. If your in the middle of divorce proceedings, for instance, feel free to date as you please. You will not be able to remarry during the divorce process as well as for a period of 6 months after the day the divorce decree is final. After that 6 month period following the final divorce decree, you will be able to remarry.

Q: i have been paying for child support and on my days to visit my kids. my ex husband won't let me see them. What do I do?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Aug 2, 2017
Michael Edwards' answer
If there is a current court order in place that gives you specific visitation times and he is withholding that placement from you, you need to file an Enforcement of Physical Placement motion with the court of jurisdiction. However, if the court order states your placement as "reasonable times upon reasonable notice," you may have a more difficult time succeeding on that motion. If that is the case, you may want to consider modifying the current order to put something more specific in place. I...

Q: Is there risk involved with sending the other party my proposed parenting plan before our court date?

2 Answers | Asked in Family Law for Wisconsin on
Answered on Jul 20, 2017
Ray Choudhry's answer
Check with a lawyer in WI.

In Illinois, not unusual for parties to exchange proposed plans to try to come to an agreement.

Q: Why would a prosecutor offer a psi for a plea

1 Answer | Asked in Criminal Law and Family Law for Wisconsin on
Answered on Jul 18, 2017
Stephen Pleck Johnson's answer
A presentence investigation could reveal facts about the defendant that normally would not get before the judge prior to sentencing. It often will increase fairness in the system, but not always. The defendant may have his/her own psi done by the defenses choice. It really gives the judge more insight into the character of the defendant and will probably help craft or modify the sentence. It takes a while to complete and might lengthen the sentencing process. They are often waived now and...

Q: I have a suspended CS order and another claim against my ex got filed in the meantime, how is % figured, as I filed 1st?

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Answered on Jun 26, 2017
Michael Edwards' answer
For two children, the flat rate percentage standard in Wisconsin is 25% of the paying parent's gross income. There are a number of different reasons one could argue for the court to deviate from this percentage standard if the court finds that the use of the percentage is unfair to the child or to any of the parties, however, the percentage standard is the state's default child support calculation. There are also different formulas that can be used for the calculation based on the context of...

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: Can a family member compel me to share a recording of a private conversation with a now deceased family member?

1 Answer | Asked in Family Law, Civil Rights and Libel & Slander for Wisconsin on
Answered on Apr 24, 2017
William F Sulton Esq.'s answer
Maybe. If the recording concerns the estate, it is probably discoverable. If not, then probably not. You can have the judge review the recording in camera (that means outside the presence of the parties to the case). That will solve the embarrassment concerns you have.

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.

Q: Husband moved out and moved into his own apartment. Do children, ages 1 and 3, HAVE to stay with him 50% of the time?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Oct 30, 2015
Terrence H Thorgaard's answer
No, if there is no custody order, neither parent has the RIGHT that the children stay with that parent for any particular portion of the time.

Q: How do i know if a circuit court family jugdes decision in a child custody case was illegal and broke the law

1 Answer | Asked in Family Law for Wisconsin on
Answered on Aug 31, 2015
Robert Jason De Groot's answer
You would have to have a face to face conversation with a local family attorney. The answer is probably.

Q: In Wisconsin, can a Guardian Ad Litem interview a witness that one of the parents has a current restraining order against?

1 Answer | Asked in Family Law for Wisconsin on
Answered on Jul 11, 2012
Maxwell Charles Livingston Esq.'s answer
Yes, he or she may. However, the GAL would need to present the witness on the witness list (as there might be provisions before the witness can take the stand, to protect the party on whose behalf the restraining order was granted).

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