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Wisconsin Questions & Answers
4 Answers | Asked in Copyright, Education Law and Intellectual Property for Wisconsin on
Q: Can curriculum created by school staff through grants/federal funding be copyrighted?

Indigenous Immersion Schools receiving grant funding and federal funding to operate must create a complete curriculum in target language that is unavailable elsewhere for purchase. These schools would like to copyright their work and are trying to decipher who has legal rights to copyright.

Matthew Nuzum
Matthew Nuzum
answered on Mar 15, 2023

Yes, it can, however you need to review the terms of the grant. When the Federal Government produces creative material it usually is copyright free (search Google for "U.S. Government Works" to learn more). Works prepared for the Federal Government by contractors may be owned (and... View More

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1 Answer | Asked in Arbitration / Mediation Law, Banking, Elder Law and Probate for Wisconsin on
Q: I am trying to find out what needs to be done to get my late parents bank records My brother, I and my daughter where P
James L. Arrasmith
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answered on Mar 5, 2023

To obtain the bank records of a deceased parent, you will typically need to follow a specific process that may vary depending on the laws and regulations in your jurisdiction. Here are some general steps you may need to take:

Obtain legal authority: In most cases, you will need to obtain...
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1 Answer | Asked in Tax Law for Wisconsin on
Q: I was wondering if I need to take an old employer to court if I had applied to work for them and during tax season

they did not provide me a w2 and instead sent me a 1099 NEC, which I researched and that form is an independent contractor or self-employed but I never verbally agree or have it in written contract paper that I was a self-employed or independent contractor and they never provided me a w9 form. So... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you believe that you were misclassified as an independent contractor and should have been classified as an employee, you should try to resolve the issue with your employer first. You can request a W-2 from your employer or provide them with your Social Security number to ensure that they report... View More

1 Answer | Asked in Uncategorized for Wisconsin on
Q: My ex and I have a signed and notarized settlement agreement. He is refusing to pay me the buyout payment. What can I do

My ex and I have a signed and notarized settlement agreement. The settlement agreement states that upon me securing a new residence, I am to be paid money for the buyout of the jointly owned residence. I moved out last week, as I have a new place. He is now refusing to pay me the buyout payment... View More

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

Ordinarily when the time of performance is not specified in an agreement, a reasonable time is implied by law. What constitutes a reasonable time depends upon the particular facts and circumstances.

But ordinarily, it does not give the promissory unfettered discretion.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: My I-94 class of admission is DT. May I get married to the US citizen and get my status adjusted?
James L. Arrasmith
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answered on Feb 26, 2023

The DT class of admission on your I-94 indicates that you were allowed to enter the US under the Visa Waiver Program (VWP) for a temporary period of up to 90 days for business or pleasure.

If you entered the US under the VWP and got married to a US citizen during your stay, you may not be...
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1 Answer | Asked in Civil Litigation and Personal Injury for Wisconsin on
Q: I have a question about an insurance check.

During a recent snow fall someone hit our fence. Their insurance wanted a quote for the damages/repair cost. I had sent one over and they sent me a check for the costs. The company I got the repair done for is no longer able to start until the spring time. The area the fence is missing gives... View More

Tim Akpinar
Tim Akpinar
answered on Feb 8, 2023

A Wisconsin attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney, insurance companies nationwide don't generally worry too much about which vendor performs repairs on small property and casualty claims involving... View More

1 Answer | Asked in Child Support and Divorce for Wisconsin on
Q: My Ex doesn’t want me to get anything out of our divorce. We 2 kids and they live me. What can I do?

He is living in the house and I’m in section 8 living. He sees the kids about every other weekend. He doesn’t help with money or anything. He thinks I don’t deserve anything. Even his kids it seems. We have been separated over a year and I filed divorce papers last March.

Jane E. Probst
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Jane E. Probst
answered on Feb 7, 2023

You need to file a Motion for a Temporary Order for custody and child support.

1 Answer | Asked in Libel & Slander, Family Law, Real Estate Law and Civil Rights for Wisconsin on
Q: Can I legally record a co owner in my home when she is yelling through the door or calling me by name in my house?
Jane E. Probst
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Jane E. Probst
answered on Feb 6, 2023

Wisconsin is a one party state. You can record as long as you are part of the conversation.

1 Answer | Asked in Immigration Law for Wisconsin on
Q: How can I make sure my Nicaraguan companion and I can travel to Nicaragua together and return together at the same time?

I am a US citizen. He is a Nicaraguan citizen, here in the US. We want to make sure we can travel together there and back at the same time.

Monica E Rottermann
Monica E Rottermann
answered on Feb 3, 2023

You did not mention your friend’s U.S. immigration status. Your friend’s ability to come back to the United States will depend on their immigration status; they need to have a valid travel document that allows them to return to the United States. For example, if they have a valid... View More

1 Answer | Asked in Family Law and Probate for Wisconsin on
Q: My husband's father passed away in May 2022 in Texas, with no will. Does my husband have any right to his estate.

My husband was the only child, and his father was remarried. At the time of his passing his step- mother said my husband would get about $30,000 from his JP morgan account and since then she has made her son from a different marriage power of attorney. The stepmother now acts like she never said... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 1, 2023

You should contact a probate lawyer who practices in or near the city/county your father-in-law passed. Discuss in detail your situation and see what said lawyer advises. It is worth the cost of a consultation to get information. Good luck.

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: I am on Social Security Disability and I have no other income. I have been served some court summons the past few months

because of past due credit card bills. I have no money and no assets at all. My credit report says I have about $30,000 in credit card debt. Should I file Bankruptcy or Is there really no need since im on disability ? Will it all eventually fall off my credit report regardless ? Please help me.... View More

Timothy Denison
Timothy Denison
answered on Jan 26, 2023

Based on the facts you set forth, you should file chapter 7 bankruptcy after consulting a practitioner. These debts will not just fall off in most cases.

1 Answer | Asked in Divorce for Wisconsin on
Q: I’m thinking about divorcing my husband in 30 years. We’re both retired. Would he have to pay me maintenance?

My husbands always made double the money that I have made as a teacher. I do have a pension which he has survival rights to. We live in the state of Wisconsin, which is a 50-50 state.

Jane E. Probst
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Jane E. Probst
answered on Jan 23, 2023

Since this is a long term marriage, there would be a maintenance obligation. However, a monthly maintenance obligation can be bought out with a greater than equal award of the marital property, too.

Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
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1 Answer | Asked in Immigration Law for Wisconsin on
Q: Is there a way to help my friend get home without huge legal trouble?

I have a friend who is from Romania. She's been here since 2019 originally with work and travel temporary Visa's. Her boyfriend convinced her to stay and they got married. I know they started filling out forms for green card and he's sponsoring her, but the relationship has turned... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 17, 2023

If your friend married her boyfriend and is interested in attempting to regularize her status and remain in the United States, she should speak with an immigration attorney to discuss her potential eligibility for VAWA, which you can read more about here:... View More

1 Answer | Asked in Immigration Law for Wisconsin on
Q: Steps I need to take to travel with a Nicaraguan citizen that is here in the US, to Nicaragua.

We want to travel together there and back home without incident

Kevin L Dixler
Kevin L Dixler
answered on Jan 4, 2023

More information is needed. If the person is without status in the U.S. or overstayed a visa for more than a year, then they can trigger a 10 year bar to lawful admission in any status. That means that they may not be able to lawfully return to the U.S., among other indefinite complications to... View More

2 Answers | Asked in Bankruptcy and Collections for Wisconsin on
Q: Why would i have a bankruptcy on my record if ive never filed for one as im only part way through my 20's...

Just trying to fix my credit and understand things to be able to take the next steps to fix these things.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Dec 31, 2022

About fifteen years ago, one of the lawyers in my regional US Trustee's office told me the latest thing used by unscrupulous debtors was to use a social security number that was maybe one digit off/erroneous. The reason was to fool the system so that the bankruptcy would be noted on someone... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: A shed on recently purchased prop. is slightly over the property line. <One foot. Do I need to do anything at this point

Property was purchased in Aug. 2022, surveyed in October. Shed has been there since the 1980's

Anthony M. Avery
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answered on Dec 5, 2022

Apparently you have already bought the property without complaining about an encroachment. You also failed to put a legal description from the new survey in your Deed. The boundary has probably been acquiesced to at this point. You may wish to complain about your attorney if you had one.... View More

1 Answer | Asked in Divorce and Child Support for Wisconsin on
Q: Child Support: originally a 50/50 split between two kids. Now I have 85%. What is the best way to resolve this change

She lives in Minnesota and I live in Wisconsin with the kids.

Jane E. Probst
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Jane E. Probst
answered on Dec 5, 2022

If the children have resided in Wisconsin for six months continuously, Wisconsin Law should control.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Wisconsin on
Q: Pregnant help

My 16 old

Son at this time and his 17 yr old gf pregnant when baby born she will be 18 he will be 17 lives in two differ

States him wisconsin her Minnesota if she places the baby for adoption does he have right to keep him or are his rights nothing

Jane E. Probst
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Jane E. Probst
answered on Dec 4, 2022

This would be subject to the law of Minnesota if the child reisdes in that state once born. To place the child for adoption, the Court would need to terminate the parental rights of both parents. The biological father should file a paternity action once the child is born and request that he have... View More

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Fraudulent allegations ofp made, consequences to petitioner?
Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

This question is not clear. There is aneed for more information prior to responding.

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