Wisconsin Recent Legal Answers from Lawyers

Under federal law, the custodial parent claims the child tax dependency exemption, unless waived by the custodial parent or as ordered by the court. In addition, the custodial parent must  sign IRS waiver form 8332 in the year where the non custodial parent claims the child. Whether arrears are owed or not, is irrelevant to the question of entitlement to claim the exemption, unless there is something spelled out in your court papers that the non custodial parent can’t claim the exemption, where it is allocated to them, if there are any arrears of was record . If your ex served you with a contempt motion and you have claimed the exemption improperly, they may order you to amend your return without claiming the child, which would remedy the situation with her filing an amended return as well claiming the child or the court could order you to pay whatever tax loss she can prove by the difference of claiming the child as opposed to not claiming the child. Effective 1/1/18, for your information, under the new tax reform act, all personal exemptions have been eliminated, including the child tax dependency exemption. The child tax card credit has been increased from $1,000 to $2,000.... Read Answer

Assuming you are past the 2 year “cooling off” period from your initial custody orders, you will need to overcome the presumption that custody should remain “as is” by providing compelling and substantial reasons why placement should be changed. The fact that your 16 year old wants to come and live with you, if the other parent objects, is not going to be enough in my opinion, to sustain a motion for modification of placement. The wishes of the child is a factor, among many factors, that the court will need  to consider on your motion to have the child come and live with you.... Read Answer

When you say being sued by a futures broker, do you mean that an NASD arbitration has been commenced against you?  If so, it sounds like you should look for a litigator who has experience in NASD arbitrations; if not, just a litigator with experience in securities law cases.  As to whether you can countersue the broker, do you have any basis to claim that the broker owes you money?  If so, you can countersue (although you may, depending on the nature of the claim and the provisions of your contract with the broker, have to assert your claim or claims in a separate proceeding); if not, but you simply contend that you don't owe the broker money, tha tis not a counterclaim, but merely a defense.... Read Answer

Do you have a copy of your automobile insurance policy showing the vehicle being covered and the time frame of coverage? I can’t tell from your post if the insurance company is arguing whether you do not have a policy in effect (no insurance) OR you have insurance, but this is a non-covered event under your policy.... Read Answer

It is possible to go after child support if there has been a significant change in circumstances or the financial situation of either parent. We can certainly try to help you evaluate your options. We are based in New York but do travel to different states. Feel free to give us a call or text for a free 15-minute consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager.... Read Answer

The answer to your question is yes, but just because you can, doesn't mean you should. Medical malpractice cases are very complex and the chances of success are not good. 9/10 of cases are lost at trial to defense verdicts for the doctor. First off, I would consult with a new eye doctor to see if there is anything that can be done to correct your vision. See what the new doctor says to you about the reason you have blurry vision from the cataract surgery. I don't know if blurred visiion is  possible complication from that type of surgery and if so, is it permanent, or does it go away obver time. You don't indicate when your surgery occurred. It is also confusing that your current doctor would "refuse" to see or treat you, if you do have a complication from the surgery. If you still feel strongly that you were harmed by your current eye doctor, request a copy of your entire medical file from their office and consult with a malpractice lawyer of your choice. They will review your records and if they think there is something there, consult with a private eye doctor to review your records to determine if you have a viable claim. The statute of limitations to sue for medical malpractic  in the state of Wisconsin is three years from the date of the original occurrence (surgery in your case). Failure to file a lawsuit within 3 years from the occurrence, will forever bar your claim.... Read Answer

Most likely visitation is very common unless you have a very aggressive attorney that can get you a 50/50 deal. Joint legal custody is very common even you yourself can get that on your own without an attorney. If you are paying a good lawyer, you can expect to get more physical custody than the mother. Also, expect to get on child support if you don't get primary custody unless you can negotiate and settled the mother to drop it. It all depends on who you hire. Also, the age of the child is also a major factor along with your income, and criminal background history. We can certainly assist you. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in WI.... Read Answer

Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. 9/10 of jury verdicts are in favor of physicians. If you feel strongly that you were harmed, you will need to obtain all your medical and hospital records relating to the specific treatment, and have them reviewed by a malpractice attorney. If they feel you have something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The SOL in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. Failure to file the lawsuit within 3 years, would forever bar your claim.... Read Answer

From the information you have given, I don't believe this is malpractice. If you are unhappy with your doctor or they are not willing to help you any further, whether it is with treatment, or filling out papers you need for your WC cliam, consider hiring a new doctor to take over the treatment of your case.... Read Answer

I find your post and question confusing. I am not really sure what you are trying to say, or who you think you may have a civli clam against. Keep in mind that any claim against a municiaplity or governmental worker, requires that you provide 120 days written notice on that emplooyee and governmental entity from the date of the occurrrence, or otherwise, the claim would be barred under Wisconsin law. You don't give a time line for when this may have occurred.... Read Answer

What is your age? Did you have a total hip replacement? Why did you need a hip replacement (i.e. injury, degenerative changes, congential defect?) Were the risks of the surgery explained to yoy by the doctor in advance? Have you had a consult with a different orthopedic surgeon to determine if there is anything that can be done to help you? It would help  if you obtained a complete copy of your medical and hospital records from your doctor. You can have them reviwed by a medical malpractice attorney. If the attorney feels there is something there, they will hire an outside medical consultant to review your records to determine if you have a viable claim. The statute of limitations in Wisconsin to sue for medical malpractice is three years. failure to file a lawsuit within 3 years, would forever bar your claim.... Read Answer

I am not sure from your question that this is medical (dental) malpractice. Your post is a bit unclear to me. The dentist quit doing the procedure on you or the dentist quit the practice? If the former, what reason was given to you as to why the dentist quit doing the procedure and specifically, what procedure was being performed and why was it necessary? If it is the latter issue, certainly wouldn't someone else within the practice be able to take over the treatment of your case? Further, unless you were permanently damaged in some way as a result of what the denitst did, you probably wouldn't have a viable claim anyhow. The statute of limitations in Wisconsin to sue for professional medical malpractice is three years. Failure to file a lawsuit within 3 years from the date of the occurrence, would forever bar your claim.... Read Answer

These cases can be difficult, but our office has handled them. If you can show that the owner of the bar knew that the bartender had a tendency for explosive behavior or that there have been prior incidents similar to yours at the bar involving this same bartender, you may have a viable claim. You should consider consulting with an experienced personal injury lawyer as soon as possible. Since you have a serious injury, you could have a very significant case. The statute of limitations in Wisconsin for suing for intentional  tort and/or negligence is three years from the date of the occurrence. Failure to file a lawsuit within 3 years, would forever bar your claim.... Read Answer

The answer to your question is yes, you can sue in this country for anything, but just because you can, doesn't mean you should. Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. I wrote a blog at our law firm's  web site under personal injury issues that you shuld read You can also go to google and review and excellent article that the Milwaukee Journal Sentinel did back in either 2015 or 2016 on the same subject. If you feel strongly that there was malpractice and you were permanently damaged, you will need to compile all of the releveant medical and hospital records. Once you receive them, you would have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to review the records to determine if you have a viable claim. The statute of limitations for suing for medical malpractice in Wisconsin is three years. Failure to file a lawsuit within 3 years from the date of the original occurrence, would forever bar your claim.... Read Answer

First off, how is your swollen eye? What did your eye become swollen from? Was the antibiotic prescribed topical or to be inserted into your eye? What type of adverse reaction did you have to the antibiotic? Have you ever had an allergic or adverse reaction to the antibiotic before? Whether you have a viable medical malpractice case or not to some extent in your case is going to be depenedent on the answers to the questions I have posed to you, as well as whether or not you make a complete recovery. To have a medical malpractice claim, you will have to have sustained some type of permanent and long term injury. Medical malpractice cases are exceeedingly difficult to prove and win in Wisconsin. I wrote a blog at our law firm's web site under personal injury issues to explain the difficulties. The statute of limitations is three (3) years to file a malpractice lawsuit from the date of the original occurrrence. Failure to do so, would forever bar your claim.... Read Answer

There is a 3 three year statute of limitations in Wisconsin for suing for medical malpractice from the date of the occurrence. There is a "discovery" exception, which requires the lawsuit to be filed within one year from discovering that there was malpractice if beyond the 3 year limitation, but in no case can it be more than 5 years from the initial treatment. Keep in mind any attempt to file a lawsuit beyond the three year ordinary statute of limitations will be met with a motion to dismiss by the defense attorneys for the doctor and their malpractice carrier. Even assuming there is a case, it could turn out that the case gets dismissed. I am sorry for what happened to your husband. If you feel strongly that something went wrong, you should obtain a complete copy of his medical file including those records from the nursing home and have them reviewed by a medical malpractice attorney. If the attorney thinks there is something there, they will hire an outside medical consultant to determine if you have a viable claim.... Read Answer

First off, I am very sorry to hear about your wife, and at such a young age. Medical Malpractice cases are very difficult to prove and win in Wisconsin. I wrote about the difficulties of pursuing such a case in a blog at our firm's web site under personal injury issues. Further, the Milwaukee Journal-Sentinel did an excellent essay on the subject either in 2015 or 2016. You can google it and read it yourself. The starting point in analyzing whether your wife has a case or not is to secure all of her records from the chiropractor as well as the records from her doctor/ hospital followiing the chiropractic treatment. Once you have those records together, you should have them reviewed by a malpractice attorney. They will hire an independent doctor to review the file to determine if your wife has a viable claim. Remember that the statute of limitations for pursuing a medical malpractice case in Wisconsin is three years from the date of the occurrence. Failure to file a lawsuit within 3 years, would forever bar the claim.... Read Answer

Totally agree with the Wisconsin attorney regarding suing court officials. But if you want to raise a voice against the system an administrative attorney can be most likely to help you and it would not be cheap but if you can turn the system around and make it better from what you say it is now than a lot of mothers will thank and appreciate your drive and determination for changing the things around. As far as your family law matter is concerned please contact an attorney or specifically feel free to contact my office for a free case evaluation to see if we can be of any assistance. We have payment plans and are very flexible to work with. Good luck.... Read Answer

What made the judge give the custody to the child father will be dependent upon your case and the litigation process. What you can try and do is file for Visitation or Custody enforcement, it's really impossible to provide accurate guidance without knowing the full facts of the case. Please contact an attorney to go over the situation and possible options. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read Answer

section 767.127 (5) of the Wisconsin statutes allows a person aggrieved of an asset worth more than $500, to petition the court “at any time” to seek their marital share by a constructive trust. This is true whether the asset was intentionally concealed or negligently omitted, such as in your case. ... Read Answer