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Wisconsin Questions & Answers
1 Answer | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Wisconsin on
Q: Can our Grandsons mother stop let us see our grandson with no warning? Our son died in 2020 and they were never married

Since 2020, he has come to stay every other weekend until 3 months ago, something changed and we've seen him once.

Over this last summer, she didn't let him stay half the summer like before because he's watching his 4 small siblings while her and her boyfriend work.... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

You can file a Motion for Grandparent Visitation for a Court Ordered schedule to see him if she is denying you contact.

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Badgercare after divorce as a health insurance?

Badgercare after divorce as a health insurance?

When I got divorced in 2011, I asked the judge to make me the provider of health coverage. I have physical custody of child. The legal father has chosen not to see child since divorce. And has had no contact. I have no clue if he has... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 27, 2022

It is considered acceptable to rely on Badgercare benefits yourpremiums for group health insurance coverage exceed 10% of your net disposable income. The State, on its own, may file a Motion to require the father to provide coverage for the minor children so as to reduce the cost to the tax... View More

1 Answer | Asked in Family Law and Child Support for Wisconsin on
Q: Hello, can my children father claim our children for taxes after he been absent for over 3 year in his kids life?

He is taking me to court to reduce his child support amount and claim the kids on his taxe return. His child support is not consistent. Sometimes no payments for two months. I been doing everything for our children since he been absent for over 3 years. He blocked my number I couldn't get in... View More

Jane E. Probst
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Jane E. Probst
answered on Nov 20, 2022

You can file your own Motion to modify the Order in which he is not entitled to any of the children as tax exemptions unless he is current in his child support obligation each year by the last day of the year. Also, if he does not have a valid reason to have his child support to be reduced, you... View More

1 Answer | Asked in Divorce for Wisconsin on
Q: What are my options for divorce ? I have no job or money currently.
Jane E. Probst
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Jane E. Probst
answered on Nov 8, 2022

Depending on the length of marriage and disparity in earnings, you may be entitled to maintenance/support payments. You would need to file an Order to Show Cause for Temporary Order for a hearing for temporary maintenance. The Court will expect you to seek employment unless you are disabled.

1 Answer | Asked in Contracts and Real Estate Law for Wisconsin on
Q: I sold my house via land contract. If I need to send the buyer a written notice, does a lawyer need to send it?

I inherited a house from my father and sold it to a friend via land contract in 2014. He has payed the monthly payment regularly until recently. The contract states if a default payment continues for 30 days, I must provide notice thereof, delivered personally or mailed by certified mail, that he... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2022

You definitely need an attorney. Filing suit for eviction and possession will be critical.

"Foreclose" does not sound applicable, but if it is, you have problems. Lessee will not

leave easily after paying out alot of money, and may sue you in equity. Damage to the...
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1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... View More

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: Can you file for bankruptcy as a couple after have done filed bankruptcy as an individual?

I am just curious because I had filed for chapter 7 like 4 years ago, and we have ended up back where I was and was wondering if I could still file as a couple after I have done filed as an individual at some point in time.

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

You can file a chapter 7 petition once every eight years, the operative date being the date of filing.

1 Answer | Asked in Employment Law and Health Care Law for Wisconsin on
Q: what type of attorney do i need to go after employer and employer insurance company? this is not a workman comp. case.

had to have major back surgery, was already on fmla. employer had me on short term, which wasn't consistant, then turned to long term, once turned to long term, they sent me threw wrong insurance company for 3 months, then finally got the right insurance company. it took over 5 months to even... View More

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2022

A Wisconsin attorney could advise best, but your question remains open for three weeks. It looks like you may have at least two issues to sort out here, aside from the disability claim for which you already have an attorney. Employment attorneys would know about FMLA matters. As for the MRIs and... View More

1 Answer | Asked in Consumer Law and Land Use & Zoning for Wisconsin on
Q: Powere company came to trim trees, took half my tree, and left. Is there anything I can do about it? Vandalism charges?

They are offering to take the tree but not grind the stump out, is there an obligation to actually fix the issue

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A Wisconsin attorney could advise best, but your question remains open for two weeks. Electric utilities nationwide have broad authority when it comes to protecting and maintaining their transmission infrastructure, including removing trees and other hazards that could ice, bring down cables, and... View More

1 Answer | Asked in Divorce and Family Law for Wisconsin on
Q: Will my marriage be void if I remarry out of state?

I am currently getting my divorce finalized for the state of Texas. I spoke with a Texas attorney and was told I would have to wait 30 days to get remarried. I am fine with that. When I looked online for a Wisconsin marriage license, I saw that I would have to wait 6 months before I could get... View More

Jane E. Probst
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Jane E. Probst
answered on Sep 18, 2022

If you are divorced in the State of Texas, the law of that State will apply. That would mean that the waiting period to remarry would be controlled by the laws of that State, not Wisconsin.

1 Answer | Asked in Probate for Wisconsin on
Q: My brother died in Wisconsin. He had no money or possessions of any value. As a sister, do I have to do anything?

I arranged for his cremation and have received his remains and death certificates. The assisted living where he recently moved said that they sent me his important papers and personal items in a package but I have not received anything from them. They won't return my calls. I don't... View More

Anthony M. Avery
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answered on Sep 13, 2022

If there are no assets, then there is nothing to Probate. Are you sure he had no interest in any real property?

1 Answer | Asked in Child Custody for Wisconsin on
Q: How can I remove someone from my child’s birth certificate if they are not the biological father
Jane E. Probst
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Jane E. Probst
answered on Aug 29, 2022

You would need to file a Paternity action for the adjudication of paternity for the biological father.

1 Answer | Asked in Family Law for Wisconsin on
Q: How to go about terminate parental rights of my son

I am not a stable person to be a mom. I'm always moving around. Can't work. Waiting for ssdi . Haven't been In his life all of his life. No communication with him or his dad in almost a year and all of my other kids got took from me. My mind is not right and my body isn't either

Jane E. Probst
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Jane E. Probst
answered on Aug 29, 2022

Whether you can terminate your parental rights is complicated. First, who has your child? Is it the father? Has he remarried? If so, he would need to be the one to petition for the termination of parental rights and a step-parent adoption. Someone needs to be able to step into your shoes as the... View More

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: Can you use buy now pay later like afterpay during chapter 7
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Aug 18, 2022

The Bankruptcy Code requires that you obtain authority from the Court to incur credit during a pending bankruptcy proceeding.

in addition, most potential creditors will not extend credit while your case is pending, and prior to entry of a Discharge (almost all will check your credit online,...
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1 Answer | Asked in Divorce for Wisconsin on
Q: I was married moved out of the house and filed for divorce I want to know if I can go back in the house after leaving?

I went to the house on Saturday to get some more of my belongings in the locks were changed

Jane E. Probst
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Jane E. Probst
answered on Aug 15, 2022

Has there been a temporary Order entered awarding your spouse temporary use of the home? If not, you have the right to enter if you co-own the property. However, you may not engage in harassing behavior and must be respectful.

2 Answers | Asked in Bankruptcy and Car Accidents for Wisconsin on
Q: If I am filing for bankruptcy for a lawsuit from a car accident that I was at fault, do I have to respond to the summon?

I received a summons last month and I am in the process of filing for bankruptcy. Do I have to send an answer stating that I am filing for bankruptcy? Or do I not have to answer it?

J. David Krekeler
J. David Krekeler
answered on Aug 12, 2022

The answer to your question depends upon the facts. You generally would want to respond to the summons and complaint, as you do not want a judgment entered against you. While that judgment under Wisconsin law can be satisfied after you receive a bankruptcy discharge, I am not sure that you are... View More

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1 Answer | Asked in Contracts, Civil Litigation and Internet Law for Wisconsin on
Q: How do I find out if I'm one of the claimants on Davis versus Facebook?
Adam T. Carralejo
Adam T. Carralejo
answered on Aug 8, 2022

The class action has a website where you can do this, here:

https://www.fbinternettrackingsettlement.com/submit-claim.php

1 Answer | Asked in Criminal Law and Divorce for Wisconsin on
Q: I fled my husband 18 mo nths ago after several violent assaults. My husband has filed for divorce in WI claim abandonmen

What can I do to stop this lie? Can I prosecute him after 18 months? Can I get an order of protection?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2022

Your question appears to be, for the most part, questions of Wisconsin law, not Florida law.

1 Answer | Asked in Family Law, Child Custody and Child Support for Wisconsin on
Q: Does my daughter have to return to her father's if he violated the custody agreement and she is uncomfortable/ stressed?

My 14 yr old daughter (starting 9th grade) has made it very clear that she does not want to be at her father's, due to dismissal of feelings and uncomfortability with stepmother and manipulation to go live with them out of state. She has missed her monthly period due to stress of being there... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Jul 31, 2022

You should consult with an experienced family law attorney in your area. To modify placement, you will need to prove facts that establish that there has been a substantial change of circumstances since entry of the current placement Order, and that a modification is in her best interests.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Offer Letter Rescinded/Altered after Acceptance. Any legal action that can be taken to keep the original offered salary?

I am in a contract position that is being transitioned to a new company and they plan to bring me over to fill the same role. I provided my salary requirements and then received an offer letter. When i received this offer letter the job title was incorrect and I pointed this to the recruiter and I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 26, 2022

While this situation sounds unfair, it's unlikely that you have any recourse. An offer letter is generally not a contract, so the terms of the offer can be changed without your acknowledgement or approval. If you don't want to accept the position with the lower salary, you are not... View More

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