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Wisconsin Questions & Answers
1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... View More

1 Answer | Asked in Divorce for Wisconsin on
Q: As poa can I stop his alimony if he is in prison

Can the poa get in trouble if I stop alimony payments while he is in prison

Jane E. Probst
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Jane E. Probst
answered on May 25, 2021

Depending on the language of the POA, the Attorney in Fact may file Motions on his behalf to terminate or hold open maintenance. The POA must specifically state that the Attorney in Fact has been awarded this power.

1 Answer | Asked in Family Law for Wisconsin on
Q: Can my children's father keep my children from me without a court order?

My children's father has been keeping my children from me for over two months without contact. I have had the police go to his home four times and he continues to refuse

Jane E. Probst
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Jane E. Probst
answered on May 24, 2021

If there is already an Order for placement, you can file a Petition to Enforce placement. The Court needs to schedule it for hearing within thirty days.

1 Answer | Asked in Family Law for Wisconsin on
Q: How soon after a case closure for CHIPS can the party file a motion to change placement?

My fiancé has had his children in his custody since June of 2019. The CHIPS case final order was filed at the end of 2020. He has full placement with the mother receiving one supervised visitation a month. She recently filed a motion to change placement. How often can these motions be filed? Is... View More

Jane E. Probst
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Jane E. Probst
answered on May 24, 2021

The question is whether the final Order was for a continuing CHIPS Order, or whether Children's Court has dismissed the CHIPS action. Children's Court Orders take priority over Family Court Orders. If she filed a Motion to Modify Placement in Children's Court, the Children's... View More

1 Answer | Asked in Consumer Law and Contracts for Wisconsin on
Q: How to handle a company that failed to complete contract and their loan company seeking payments?

Hired a company to remodel bath/tub area. They put in wrong materials, wrong (cheap) hardware, total sloppy job. We had local manager come in, he said they have to tear out and start from scratch. Then we never heard from them again. Multiple phone calls to salesman/manager/corporate HQ have gone... View More

Nathan DeLadurantey
Nathan DeLadurantey
answered on May 18, 2021

It sounds like you may have claims against the contractor - and defenses on the loan. It will be based (in part) on some additional facts and the contents of any written documents you signed. I suggest contacting a Wisconsin consumer lawyer for a free consultation to discuss your rights and options.

1 Answer | Asked in Intellectual Property and Patents (Intellectual Property) for Wisconsin on
Q: How to know I'm not infringing selling NMN anti-aging supplement? Very complicated patents about mfg, use etc.

At amazon dozens of companies are selling NMN so it appears to be unpatented as a molecule, unlike the competitor NR (nicotinamide riboside) where patent holder ChromaDex claims a monopoly sues others distributing it. Yet google patent pulls up many US and foreign patents - some mfg process and... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 14, 2021

Your question is pretty convoluted, impossible to answer here.

You have to consult an attorney.

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Could we be granted shared legal custody of our 6 year old granddaughter if we go to court.

My husband and I have been caring for our 6 yr old granddaughter (living with us) 5 days a week for most of her life. Mother has sole custody. She has signed a medical consent form so that we take care of all her doctor appointments. We are her paternal grandparents.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 13, 2021

The Family Court Code does not provide for shared physical placement of non parents. If the parents would be found to be unfit, you could petition for guardianship. However, for a third party such as a grandparent to be awarded placement, not visitation, there would need to be a referral to the... View More

1 Answer | Asked in DUI / DWI for Wisconsin on
Q: For a second 2nd dui, but the first was more than 10 years ago (in 2003) Do we have to install an interlock device.
Sarah Schmeiser
Sarah Schmeiser
answered on May 13, 2021

The law in Wisconsin does state that if you have a previous first offense DUI that was more than 10 years ago and you now have another first offense, you are required to have the ignition interlock device installed. In practical terms, if the information sent in to the Department of Transportation... View More

1 Answer | Asked in Child Custody for Wisconsin on
Q: Can a mother force a father to give up rights to his child?

Father had been in jail, no visitation rights. Father is out of jail for 2 years now and the mother is taking him to court on May 21st to continue no visitation and try to terminate rights. Father has little money for a lawyer and does not want to give up rights and wants to resume sharing... View More

Jane E. Probst
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Jane E. Probst
answered on May 13, 2021

The only way a Court will terminate a parent's parental rights is if there is someone who will be adopting the child in the shoes of that parent. Family Court can enter an Order to hold open placement, but that can be modified based upon a substantial change of circumstances.

1 Answer | Asked in Child Custody for Wisconsin on
Q: Will my ex get 5050 after I have been primary caregiver since kids were born? Divorced now almost 2 years.

I have had primary placement (70/30) for over 2 years and perform all the primary caregiver functions. I moved and ended up closer to my ex to make shorter commutes for kid. For last 3 months I let him take them for 2 extra nights, because he asked and I did it out of the kindness of my heart. It... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on May 10, 2021

To modify a child placement Order after two years have expired since entry of the initial order, your ex would need to prove that there has been a substantial change of circumstances since entry of the last order and that the modification is in the best interests. What will hurt you will be that... View More

1 Answer | Asked in Foreclosure and Landlord - Tenant for Wisconsin on
Q: I own a house with 7.4 acres. It just went into foreclosure. They gave me 6 months to pay 13,000 . Can I sell 3 acres?

I didn’t borrow this money.. My aunt and uncle did back in 2006 at 14% interest..He has passed.. I am the sole owner on the deed.I missed some payments..And instead of going after the borrower..The bank listed me as responsible for the loan and put my House into foreclosure.She was not even... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2021

You really need to retain an experienced WI mortgage foreclosure defense and bankruptcy attorney. Selling acreage may or may not be the best option. This is not legal advice, merely ideas and suggestions to discuss with a licensed WI attorney. Good luck.

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: If 3 people are on a deed for a house in WI joint tenancy and one person dies. The person who died

has debt. Can creditors come after his portion of house?

Thomas B. Burton
Thomas B. Burton
answered on May 3, 2021

If the creditor's lien or mortgage was recorded prior to the joint tenant's death, the property will pass subject to the lien. There is a Termination of Decedent's Interest Form you can file with the Register of Deeds to remove the joint tenant's name from the title to the... View More

1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I have vacant land inherited from my father who passed last year. The property is held in a Revocable Trust.

All heirs have signed a disclaimer of abandonment. As trustee, can I still sell the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2021

The Trust is probably Irrevocable now. Hire a competent attorney to search the Title. As Trustee you may or may not be able to sell the land as the fiduciary. At worst, all interested Parties, Trustee and Beneficiaries, can convey as grantors unless there is a future interest estate created by... View More

1 Answer | Asked in Estate Planning for Wisconsin on
Q: Wisc home deed lists husband and wife grantee what happens upon death of spouse? What should it say to pass to survivor?

No mortgage

Thomas B. Burton
Thomas B. Burton
answered on Apr 26, 2021

Hello, if you want the property to pass to the surviving spouse non-probate upon the death of the first spouse, you can title the property as "John Smith and Jane Smith, husband and wife as survivorship marital property" for example. "survivorship marital property" is the key... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: Baby with married woman an we want correct name on bc while separation is ongoing

I have child with married woman an we are trying to put my name on our son birth certificate while she's working threw her separation process so trying to find out how can we do this while keeping quiet so it doesn't effect her situation

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 26, 2021

Unfortunately, this is not possible at this time. If she is pregnant while she is still legally married, the child is presumed to be a child of the husband. The marital presumption of paternity will need to be overcome in her legal separation/divorce process. Only after that, you could file a... View More

1 Answer | Asked in Bankruptcy for Wisconsin on
Q: In chapter 13 / 75k. Selling my home and do to soaring prices will net more than expected. Maybe 58k. Can I protect that
Timothy Denison
Timothy Denison
answered on Apr 21, 2021

Possibly, depending on the exemptions you have left over and depending on whether you use federal or state.

1 Answer | Asked in Child Support for Wisconsin on
Q: My oldest son turned 18 and is living with me full time. How do I get my child support reduced?

My youngest son is still 50% at his moms house. The oldest has been living with me 80% since he went to high school.

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 19, 2021

If your son is still in high school, you can modify the child support through the end of the school year until he graduates from high school or attains the age of 19, if still in high school. You can not retroactively change child support prior to the date of filing and serving your motion, but... View More

1 Answer | Asked in Family Law for Wisconsin on
Q: What can I do to obtain guardianship/custody of 2 yr. old Grandson that has been solely in my care his whole life?

My adult daughter (mother of my grandson) has repeatedly put the child in harms way and exposed him to inappropriate places, people and activities. She lived with me 11/2018 until 8/2020 the child was born 3/22/19 I have been his primary caregiver since birth (no paternity has been established)... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 19, 2021

You need to file a Petition for Guardianship and serve the mother and the father with a copy of the Petition and accompanying pleadings. You need to allege that the mother and father have left the child in your care and state in specific terms the facts to support that they are unable to, or... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Wisconsin on
Q: In Wisconsin, if no child support ordered, can my ex come back years later & make me pay variable costs?

Per our marital settlement agreement (Wisconsin), there is specific mention as to no child support (we both have fairly equal income) and no mention of "variable costs" anywhere in our orders. It does state that all medical, dental, eye, etc. bills/premiums will be split equally. I sent... View More

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 8, 2021

If you have shared physical placement of your children and hold open of child support since your incomes are equal, it is normally presumed that you share variable costs for the children, even if it does not specifically state so in the court order. You should be offsetting the variable expenses... View More

1 Answer | Asked in Child Custody and Family Law for Wisconsin on
Q: Can I lose custody of my son due to a mental illness?

Depression, PTSD, ADHD

Jane E. Probst
PREMIUM
Jane E. Probst
answered on Apr 4, 2021

If your mental illness is preventing you from safely parenting your child, this is a possibility. If you are functioning well and taking prescribed medications to control your mental illness, it is unlikely that you would lose custody or placement. Without knowing the nature of your diagnosis, it... View More

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