Wisconsin Recent Legal Answers from Lawyers

There are strict time guidelines for filing an EEOC complaint whether on the federal level or state level. Failure to file the grievance timely, may block your attempt now to pursue a discrimination case. It would be best to talk to an employment discrimination lawyer as soon as possible to determine if three years later, you can still pursue your case.... Read More

if the other parent has primary placement, defined as 75% of the time counted as overnights, the non-custodial parent under Wisconsin law is required to pay 25% of their gross monthly income if there are two children. You don’t indicate when child support was set and whether you were on disability when the order was set, or if this is something new. You also don’t indicate what your gross is, only perhaps your net. Under federal law, if you are receiving social security disability, your children would be receiving an amount directly per month and you would be able to file a motion with the court to have your payments adjusted accordingly.... Read More

You need to immediately contact a lawyer who either represents people injured by the negligence of others, or who regularly represents insurance companies for people who are sued for personal injury damages. You need someone who is regularly involved in cases for personal injury, on one side or the other. The statute of limitations for personal injury cases in Wisconsin is three years, so the plaintiff must have filed the case within three years of the date of the accident. A lawyer can figure that out for you. If the case was timely filed, a lawyer can give you advice about what to do, including the possibility of filing a petition for bankruptcy, depending on how you are doing financially, and what the potential damages of the case are. The bottom line, though, is to contact a trial lawyer as soon as you can. For example, an answer to the complaint with which you were served must be timely filed, or the plaintiff might take a default judgment against you.... Read More

Anybody can sue anybody for anything, but that doesn't mean that she would win.  You breached the contract, and she (on behalf of her daughter) could sue you and recover the damages she had suffered.  In this situation, however, it doesn't appear that she has suffered any damages.  On the other hand (a) small claims courts are not always that rigid in applying the law, and will likely sympathize with you client since you did breach; (b) it will be a hassle for you if she sues, even if you eventually win; and (c) do you need the bad publicity?  I think you would probably be well served, business wise, to try to reach a settlement with her.... Read More

I wrote a blog at our web site on this issue under personal injury issues in March of this year, as I recall. Waivers or disclaimers are largely disfavored in Wisconsin and even where patrons sign them, they are largely not upheld by the courts. Depending on where and what the recreational activity might be, you may possibly fall under Wisconsin’s so called “recreational immunity statute.”... Read More

Joint custody means that both parents have equal decision making on major decisions involving your minor children, covering health, educational and religious choices. This means you can’t go and decide to have the medical procedure done, over your ex spouse’s objection. Unless it  may be an emergency where both of you agreeing is literally threatening the life of your child. You don’t offer a reason as to what his objection might be. Did they consult with the ENT doctor or have you simply conveyed the information to your ex? Have them contact the doctor directly to find out why they feel the surgery is necessary. Have the doctor write a detailed letter why the medical procedure is necessary and provide a copy to your ex. If they continue to object, file a motion with the court to seek a court order to allow the procedure or alternatively, to terminate joint custody on medical decisions, so you are empowered with sole custody to make decisions involving your children.... Read More

After you file for divorce or legal separation, file a motion with the court to request restricted or supervised visitation. I just wrote a blog at our web site on this issue the other day. If he is insistent on requesting or having visitation until you get  to the court hearing, which may take 30 days or more, depending on what county you live in, consider your attorney requesting An ex parte court order to limit him to supervised or no visitation, pending the court hearing.... Read More

You refer in your post to your “ex-wife.” If you are already divorced presumably your pension would have been dealt with in your divorce decree. If you are simply referring to your wife, rather, as your (soon to be ex wife), I know nothing in the Wisconsin divorce code as to why your pension wouldn’t be fair game in your divorce, whether she is a U.S. citizen or not. Under Wisconsin law, all property acquired either before or during the marriage is subject to equal property division. The only property that is exempt, is property acquired by gift or inheritance.      I can also surmise if your wife is not a United Stares citizen, that you must be married a relatively short period of time. The court has authority to deviate from equal property marriage based on the length of the marriage and property brought into the marriage by either party, along with the relevant other factors under the property division statute.... Read More

In order to receive an increase in maintenance post judgment, you will need to show the court that there has been a significant and substantial change in circumstances. If you are asking for an increase, you bear that burden. If he has asking for a decrease, he bears that legal burden. So the answer to your question yes, providing you can meet the legal test of a  "substantial change."... Read More