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Wisconsin Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Wisconsin on
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?

When my ex went to prison I suspended the child support order I had against him for our two children. 8 years later he is out of prison and hasn't offered any help and now I find out he has child support taken out of his wages for another child he had. I assume that she is receiving 17%. My... Read more »

Michael Edwards
Michael Edwards answered on Jun 26, 2017

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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Wisconsin on
Q: I and my husband divorced. Him and I made a agreement that we will have the kids one week on one week off....

Him and I talked about me moving out of town . When it came time and I moved he got upset and is now taking me to court.... What can I do.

Michael Edwards
Michael Edwards answered on Jun 12, 2017

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... Read more »

1 Answer | Asked in Family Law, Civil Rights and Libel & Slander for Wisconsin on
Q: Can a family member compel me to share a recording of a private conversation with a now deceased family member?

I have an audio recording of a private conversation with my father, shortly before his passing several years ago. This conversation contains content that may be embarrassing to me. Another family member would like to compel me to share that recording and is threatening to take legal action. Can... Read more »

William F Sulton Esq.
William F Sulton Esq. answered on Apr 24, 2017

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.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
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?
Brian Lehman
Brian Lehman answered on Feb 16, 2017

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.

1 Answer | Asked in Family Law for Wisconsin on
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?

No custody agreement, as divorce has not yet been filed.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 30, 2015

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.

1 Answer | Asked in Family Law for Wisconsin on
Q: How do i know if a circuit court family jugdes decision in a child custody case was illegal and broke the law

Can a circuit court family judge make a decision changing the custody of the child when the primary custody parent did not have legal representation for the child ( GAL) a quardiem ad litem

Robert Jason De Groot
Robert Jason De Groot answered on Aug 31, 2015

You would have to have a face to face conversation with a local family attorney. The answer is probably.

1 Answer | Asked in Family Law for Wisconsin on
Q: In Wisconsin, can a Guardian Ad Litem interview a witness that one of the parents has a current restraining order against?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Jul 11, 2012

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).

1 Answer | Asked in Family Law for Wisconsin on
Q: Can you tell me how much it cost per child to get a restraining order in Tomah, WI?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on Jun 25, 2012

There is no cost to file a child abuse or individual at risk restraining order.

1 Answer | Asked in Family Law for Wisconsin on
Q: How do I terminate guardianship for my 17 year old granddaughter?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 22, 2012

You need to fill out form GN-3650 through the Wisconsin court system (accessible at wicourts.gov). Then, you will file this form with the court, after which there will be a hearing. Entailed here is, for example, an evaluation of your grand-daughter's mental competency.

For assistance,...
Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: How will i gget my child father to sign his rights over
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Well, you can file with the court based on a substantial change in circumstances (in order to modify custodial or visitation rights). That's the best remedy, because the court must decide what will be in the best interests of the child.

1 Answer | Asked in Family Law for Wisconsin on
Q: What kind of Lawyer is best for grandparents to see in trying to get a court order to see there grandchild
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

A family lawyer. But, it is not so easy for grandparents to get custody as they technically have no custodial "rights". Contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: How old does a child have to be in order to legally choose which parent they want to live with?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

There's no golden age. A court decides based on the "best interests" of the child. The child's statements are considered, especially when the child is 13 or over. Contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can a man change his surname to that of his wife's at the time of marriage in Wisconsin?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Yes. With a court order, you may. You can contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: Custody

My ex after two months of divorce wants 50/50 which i believe changing it at this time will put another loop in the kids lives. They are doing well with the schedule we have now. I read the state bar of wisconsin states without my agreement within the two year period they wont change the order... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Yes, that is basically true. There must be a substantial change of circumstances. You can contact me for more information.

1 Answer | Asked in Family Law for Wisconsin on
Q: My son is 11 and hates staying at his dads every other sun, court ordered. How old does he have to be to be heard?

My son's dad was barely existent the first 9 years of his life until I asked for a (first ever) review in child support. Then he took me to court to try for half custody and got $100 knocked off his child support for hardship and every other weekend is an overnight which my son is still... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

You can seek a modification of child support for a substantial change in circumstance. Feel free to contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: My Ex isn't being upfront about his wages and salary for his new job. He is required to pay maintenance. What do I do?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

You can file in court for violation of court order and fraud upon the court. If you would like to know more, you can contact me.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm being denied rights to my daughter and recently visitation again for the second time. Last time was 1 year.

We had went to mediation and after we were done she went back in his office. Recently she admitted she did not sign the agreement papers and said I have no right to my daughter. No visitation, no calls or texts. She will not tell me anything.

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

Did you file with the court? If not, you can seek an order to get visitation or custodial rights. You can contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: What types of cases would bring 2 people into family court?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

I need more information to give you a sufficient response. You can contact me for more.

1 Answer | Asked in Family Law for Wisconsin on
Q: I am unemployed now do I have to pay joint child medical bills while unemloyed ?
Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

According to Wisconsin Statutes 767, you may apply for a modification of child support order after 3 years without cause. Further, you may apply for a modification of the order within 3 years for a change in circumstances (including an inability to pay). See the following link for the form:... Read more »

1 Answer | Asked in Family Law for Wisconsin on
Q: I have been divorced for 2 years. Over those 2 years my ex husband and I have dissagreed over vacation time. Our periods

Of placement order says we both get 2 non-consecutive weeks of vacation a year with 30 days notice to the other parent. My ex husband has been trying to bully, harrass and twist the meaning of this. He has tried to piggyback the vaca time onto his regular periods of placement to make vacation time... Read more »

Maxwell Charles Livingston Esq.
Maxwell Charles Livingston Esq. answered on May 11, 2012

I'm so sorry you're going through this. It appears that he did not comply with the order. Contact me for further assistance; we can work something out.

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