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Wisconsin Questions & Answers
1 Answer | Asked in Child Support for Wisconsin on
Q: Wisconsin. Wife is dyslexic and missed child support hearing yesterday. Court gave ex a free pass. What can she do?

THe ex husband has been able to afford killer attorneys and he has used his military service to skate on responsibilities. She was prepared for this hearing with inargualble facts about why he should be paying child support, he makes plenty of money and we have the kids 10 months of the year. The... View More

Jane E. Probst
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Jane E. Probst
answered on May 11, 2022

If she missed a hearing, she is found to be in default, thus allowing the husband to obtain the relief he seeks or dismissing her motion. If the Commissioner entered the Order, a Motion for De Novo Review can be filed as long as it is filed within the time limits in this county pursuant to Local... View More

1 Answer | Asked in Juvenile Law for Wisconsin on
Q: How can I access my juvenile records of sexual abuse by my uncle if they decided not to prosecute him? State of WI

He did confess and I was interviewed for several hours but ultimately the DA declined to prosecute.

Thomas C Gallagher
Thomas C Gallagher
answered on May 11, 2022

Try the question for Wisconsin attorneys. The law is different in each state.

3 Answers | Asked in Bankruptcy, Consumer Law and Civil Rights for Wisconsin on
Q: Can a collection firm charge a 6% interest on a court order amount
J. David Krekeler
J. David Krekeler
answered on Apr 25, 2022

Maybe, but probably not. You are apparently in Wisconsin, and you refer to “a court order amount.”

If by this you mean a judgment, then the rate is set by Wisconsin statutes. The judgment interest rate applicable to civil actions is 1% plus the prime interest rate in effect on January...
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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: My grandmother passed away and left me land and a house. There is someone else living on the property. We can't agree.

The person living on the land has destroyed my house that is located in front. What can I do?

Anthony M. Avery
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answered on Apr 18, 2022

You will have to hire a competent WI attorney to search the title, get the title in your name of record, then sue the occupant for Ejectment, Trespass and Damages.

1 Answer | Asked in Collections, Native American Law and Probate for Wisconsin on
Q: My friend died. Can her siblings just give me all of her possessions?

She was estranged from her siblings. They don't want to deal with any of the things that need to happen after someone dies. They've told me I can have her possessions; I know she does not have anything of much value. Is there a way that I can take over here final affairs from the... View More

Nina Whitehurst
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answered on Apr 18, 2022

It is difficult to answer your question without knowing exactly what comprises your friend’s estate. But, yes, it is possible for you to be appointed by the court to handle the distribution of her estate. That will probably require the siblings to sign consents. Also, understand that you will... View More

1 Answer | Asked in Car Accidents and Criminal Law for Wisconsin on
Q: Greetings, In Wisconsin does Negligent Operation of Vehicle warrant probation?

I recently went to court for trial on a Class H felony. The public defender arranged a lower charge of negligent operation of a vehicle and 1count of Disorderly Conduct. I would like to know does this warrant probation?

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

A Wisconsin attorney could advise best, but your question remains open for two weeks. But based on the category chosen for the post, a car accident attorney is not likely to know this. They deal more with the civil law aspects of pursuing monetary damages, not criminal charges. You could repost... View More

2 Answers | Asked in Bankruptcy and Social Security for Wisconsin on
Q: Can you file bankruptcy on a social security disability judgement for repayment?

Owing the Social Security Administration a certain amount money, can you file bankruptcy if you cannot afford to pay that amount back?

Timothy Denison
Timothy Denison
answered on Mar 29, 2022

You can file but it is in all probability, nondischargeable.

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1 Answer | Asked in Family Law for Wisconsin on
Q: I want to know how I can keep my financial information from the attorney for my girlfriends X husbands lawyer.

We live together and he approached her that he would not change her alimony and 3 years later he changed his mind. he wants to know my financials. I explained to him I would give it to the judge so they cant see it.

Jane E. Probst
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Jane E. Probst
answered on Mar 28, 2022

If you have continuously resided together for three years, her ex probably is going to argue that your girlfriend is living in a marital like relationship in which you are not wed simply to avoid a termination of maintenance. There is case law providing that marriage can be terminated if the... View More

1 Answer | Asked in Copyright for Wisconsin on
Q: How can I report a business with a logo violating a copyright?
Steve Charles Vondran
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answered on Mar 18, 2022

If you have a REGISTERED copyrighted logo (meaning registered with the United States Copyright Office ("USCO") and someone has copied your logo, you can send them a cease and desist letter and being that they copyright was registered, you would have a right to sue in federal court for... View More

1 Answer | Asked in Child Support for Wisconsin on
Q: In Wisconsin can child support payments increase instead of decrease from a judge during a child support appeal?

Can the judge decide to increase instead of decrease payment amounts during a child support appeal in Wisconsin?

Jane E. Probst
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Jane E. Probst
answered on Mar 9, 2022

Are you talking about a Motion for De Novo Review? If so, if there is a request for modification, the modification can be either a decrease or an increase. If this is to go to the Court of Appeals, the decision is remanded to the trial Court for determination if the prior trial court decision was... View More

1 Answer | Asked in Family Law and Child Custody for Wisconsin on
Q: Can I file a notice or order to change custody and placement, if there's a current open case for contempt, in Wisconsin.

My ex and I have 50/50. He's barely exercised his placement the last 2 years (less than 30 days out of his 365). Our 15yo does not want to go to his dad's anymore because hes never there or spends any time with him. Ex recently filed contempt on me because I didn't allow our son to... View More

Jane E. Probst
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Jane E. Probst
answered on Mar 9, 2022

There is a provision in the Wisconsin State Statutes that provides that a person can lose their court ordered placement if they do not exercise it. You can file a Motion to modify the current Order to incorporate the status quo.

2 Answers | Asked in Car Accidents and Personal Injury for Wisconsin on
Q: Car Accident

I was injured when a car rear-ended me when I was waiting to make a turn. The insurance Comp is giving me the run around. Help!

William  Pemberton
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answered on Mar 3, 2022

Sorry to hear you were injured. Auto accident cases can be complicated and the at-fault insurance company is not looking out for your best interests. I would highly encourage you to reach out to a Wisconsin personal injury attorney that can help assist you. I would try to hold off on speaking to... View More

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1 Answer | Asked in Personal Injury for Wisconsin on
Q: I am looking on how to stop harasement on my 32 year old daughter from her deceased boyfriends Mother.

The Mother of my daughters deceased boyfriend will not stop with the emails texting ect My daughter is to the point she physically is sick over this on a daily basis and she is trying to raise there 8 month old daughter as well

William  Pemberton
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answered on Mar 3, 2022

One option for the person being harassed is the filing of a petition for a harassment restraining order. I would encourage the person being harassed to speak with a local attorney regarding the matter. You can search for a local attorney on the Justia website. If you would like to review the... View More

1 Answer | Asked in Employment Law for Wisconsin on
Q: Is a Township required to pay workers extra on Holidays and weekends?
Rhiannon Herbert
Rhiannon Herbert
answered on Mar 1, 2022

There are no laws that require extra pay on holidays or weekends. Employers sometimes offer extra money as an incentive to work on these days, but it is not required.

1 Answer | Asked in Child Support for Wisconsin on
Q: Can my child support amount be lowered?

I pay child support for my first child, 50/50 joint custody, but I have a new baby by a different mother, and she has a new baby by a different father.

Jane E. Probst
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Jane E. Probst
answered on Feb 23, 2022

No. The first children born with a support order take priority.

1 Answer | Asked in Family Law for Wisconsin on
Q: I'm not being allowed to continue help raise my deceased son's kids, his dying wish. Kids I raised pretty much everyday

I'm being denied for no apparent reason other than the mom trying to hurt me, played the same game with my son before his suicide May 13, 2021. The kids have been pretty much here since that day, and the other time spent at the Grandpa's house because the mom refuses to return the... View More

Jane E. Probst
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Jane E. Probst
answered on Feb 22, 2022

If he mother is denying you contact with the children, you may file a motion for visitation pursuant to Wis. Stat. Sec. 767.43.

2 Answers | Asked in Bankruptcy for Wisconsin on
Q: My wife and I are on SS and she has 2years left on her IRA. Will she lose her stocks with bankruptcy?
David Luther Woodward
David Luther Woodward
answered on Feb 18, 2022

You live in Wisconsin, and it is a community property state. As a result, you probably have a different set of exemptions.

Here in Florida that IRA might be exempt, but you need to talk to a lawyer local to you to figure out your situation.

Good get a good one!

d

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1 Answer | Asked in Trademark for Wisconsin on
Q: Using a rif of a phrase that is trademarked?

"A tradition unlike any other" is trademarked. My company wants to release a seasoning that would say "A seasoning unlike any other". Would this break copyright law

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 18, 2022

Augusta National's registration is for use of the mark "A tradition unlike any other" on wall plaques (in International Class 020) and clothing (in International Class 025).

Your proposed use of the mark "A seasoning unlike any other" for seasoning (in...
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1 Answer | Asked in Divorce for Wisconsin on
Q: If I paid half of the mortgage during our marriage am I entitled to half the gain in equity accrued during that time?
Jane E. Probst
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Jane E. Probst
answered on Feb 15, 2022

Yes, if the home is a marital asset, the equity is deemed to be equally divided, unless there is a prenuptial agreement in place providing otherwise.

2 Answers | Asked in Immigration Law for Wisconsin on
Q: Can i subpoena my ex wife to testify on Immigration Court?

Upon a denial for removal of conditions after a divorce, once I am put on removal proceedings can i subpoena my ex wife to testify on Immigration Court ?

Kevin L Dixler
Kevin L Dixler
answered on Feb 15, 2022

It can be difficult to perfect a subpoena. That is, your ex-wife may refuse to honor it. If not, then you will have to go to Federal Court with the support of the immigration court to issue an order demanding her appearance with the threat of arrest. The Court may not support the request. It is... View More

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