Wisconsin Recent Legal Answers from Lawyers

If you were injured in the accident, you should definitely have a personal injury lawyer help you with the case. If you were not injuted, adn this is property damage only, you can either have your own insurnace company pay for the damage to your car, less your deductible, or you can make claim against the other driver's insurance company. If injured, there is a THREE year statute of  limitations for starting a lawsuit from the day of your accident. Failure to file the lawsuit within the three 3 years, would forever bar your claim.... Read More

File a motion for contempt or motion to enforce physical placement. While a person has a right to withhold placement if they have an honest belief that the child may be endangered, one has to balance that with the legal obligation to follow the court orders and not take the matter into their own hands. Also, if there is a concern for child endangerment, it should be promptly followed by filing a proper motion with the court to curtail placement or visitation. Courts do not like it when litigants engage in self help measures.... Read More

If your hearing occurred before a family court commissioner, you have an automatic right under the statute to file a de novo appeal to the trial court assigned to the case. Since the statute, in it's current state, offers no time line for the appeal, the time line is governed by local court rules. You will need to check the local court rules in the county where the order was entered to determine how much time you have to appeal. If your hearing was held in front of the trial judge, than your only means to appeal is to the Court of Appeals. The time line for such appeal is 90 days from the time the written order is issued. The time line can be shortened to 45 days to appeal, if proper notice is provided shortening the time line. ... Read More

His estate would typically be responsible for his funeral,  and any last illness expenses. Did he leave any type of estate worth at least $50,000 to probate in Wisconsin? Did he have a Will? Who is his executor or personal representative of the estate? If he has no estate and basically died a pauper, whoever plans and arranges the funeral would have a contractual obligation to pay for it if he died owing nothing. It would be best to talk to an experienced estate attorney as soon as possible.... Read More

How old are you now? The statute of limitations in Wisconsin for suing for medical malpractice is 3 years from the date of the occurrence. While there is an exception under the “discovery rule,” it’s not that easy to get around. I would also want to know what your underlying medical condition was and symptoms, when you first went to the cardiologist to consider having the pacemaker put in. I’d also want to know who told you that it was unnecessary and whether that person was a qualified cardiologist. ... Read More

If you were injured in the accident, you should consider hiring a lawyer to handle your case. They will hire a safety engineer to determine why your air bag failed and whether or not the failure either could have prevented your injuries or made them worse as a result of the failure. It is quite complicated and fairly expensive. They will need immediate access to your vehicle to inspect it.  The statute of limitations is 3 years to sue for your injuries from the accident or your claim will be forever barred.... Read More

Non-compete agreements are generally more closely scrutinized, and held to be unenforceable, than most contracts, but (except in California) they will generally be enforced if reasonably necessary to protect the business of the employer (most non-competes are exectued in the employment context; if this wasn't, it might change the analysis somewhat).  Whether the protection is reasonable depends on too many factors to try to analyize based on your short question, particularly as I am not a Wisconsin lawyer.  Suffice it to say that most non-competes will expressly prohibit the scheme you propose, i.e. for your wife to compete in a business you own, anad you should check the agreement in question to see if it does.  Even if it doesn't expressly prohibit this ruse, it is doubtful that a court will allow your wife to circumvent a valid non-compete in this manner.  In other words, the non-compete may not be enforceable, depending on circumstances, but if it is, the fact that the competing business is titled in your name rather than your wife's will probably not help you.... Read More

You can track the progression of your case by going to the Wisconsin circuit court access site, including what the court hearing on the 13th is schduled for. You don't indicate in your post where you are in the proceedings. The court date very well may be a status date to check in with the court on where you are with  the case. The WI circuit court access site will also provide you the information on the name of the guardian ad litem and you can call the GAL's office on your own to find out when they may want to see you to discuss the case. ... Read More

The descrption you have posted wouldn't necessarily be medical malpractice, unless you can show the failure to do the surgery has caused you to have a more serious and perhaps permaneant problem with the delay. The obvious answer is to simply look for another surgeon to do your surgery who may be affiliated with a different hospital. It is well advised anyhow, as we routinely recommend to our clients to get a second opinion befofre having spine surgery. ... Read More

If you sued someone and they failed to respond, now resulting in a default divorce judgment having been entered against that person, it is up to you to seek enforcement of the judgment. You don't indicate whether you had an attorney or not represent you in the lawsuit. Perhaps, you want to consider having an attorney assist you in tryingn to collect on the judgment. You can also check the Wisconsin Circuit court Access site to see if there is any other court activity for the person you sued, to determine if there is a more current address where that person may be residing at. Another option, depending on how much money is owed to you, is hiring a private investigator to track the person down. That can get to be quite expensive, however.... Read More

Your message is sort of confusing. Is someone challenging the validity of whether you were divorced or not? Usually, you are not required to "prove" you were divorced in order to file for divorce, when remarried. I could see it being an issue if your current spouse was now alleginig you were never legally divorced, as you claim, in 1978. I also don't know if your reference to a "second divorce" in Racine County, is with the same person or you were married a second time and divorced sometime after 1978.... Read More

When a divorce or legal separation gets filed, and particularly where there are minor children, it is quite customary that one of the parties would request an initial court hearing to determine temporary issues while the divorce is pending. The ORDER TO SHOW CAUSE AND AFFIDAVIT are the legal papers that get filed to request the initial court hearing. At the initial court hearing, the family court commissioner will decide temporary issues such as custody, placement, child support, health insurance, paying for unpaid medical bills, which bank accounts the parties can use, which vehicles they can drive, what debts have to be paid, along with other similar temporary financial issues. It is quite common, and in some counties, may even be automatically required. I don't know how to comment on the other part of your post, because it sounds like you both have some serious issues and I think you are asking us to weigh in on what your chances may be on getting placement of your children. It is difficult to that from the limited information that you have posted.... Read More

The determinative factor in whether you can go through with the interview is whether you will be considered under the age of 21. Age is frozen when the priority date is reached. You are also given credit for the length of time that the I-130 petition pended with U.S.C.I.S. before approval. If in doing the calculations you are under the age of 21 when your age is frozen, you can immigrate under the F-2A category.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

The answer to your question is generally no. Property division is final as of the date of the divorce and cannot be reopened or adjusted, unless you both were to agree. You could try an s. 806.07 motion to reopen the order or judgment, but  those motions are usually met with great resistance by the other side, and reluctance by the court due to wanting to keep judgments "final." Under s. 767.127, any asset  of a value of more than $500 that is either negligently or intentionally failed to be disclosed, the other party aggrieved at any time can file a petition to have a constructive trust set up on that particular asset. Gifts and inheritances are exempt from property division under Wisconsin law. While the income can be used for child support or maintenance, the "profit" would not be subject to property division. The increased value of an exempt asset may be considered divisible, if the appreciation of the asset was by active appreciation as opposed to passive appreciations. Market conditions that causes an exempt asset to increase in value, would not be subject to division. If by example, he inherited or was gifted a farm, and you both worked on the farm and built a new farm house, increased the number of cattle and saw the farm grow in value by mutual joint marital efforts, the increased value of the farm under my example would be considered a martial asset subject to division.... Read More

The only person who can waive back child support owed (arrears) is the recipient to the money, which apparently is her. If she had been on state aid at  any time, part of those arrears may be owed to the state, and that she cannot waive, only the state through the child support enforcement attorneys or corporation counsel for the county where the case is pending. Child support can be held open, but it cannot be waived or terminated as it a right that belongs to the child. Further, any such agreements to "hold open" child support, is subject to the approval of the court, and since the court must make a specific finding as to why the percentage guidelines are not being applied, absent a rationale explanation from both of you as to why, the court may refuse to approve the order. Further, even if the court were to do so, she could easily come in and after the fact and say there is now a need for continued support and ask the court to set a child support order on you anyhow, depending on if there is a substantial change in circumstances at that point. So be careful; you may be consenting to allow her to change the last name of the child, thinking you are out of the arrrears and child support, only to find out that such an agreement may be unenforceable by the court or that she comes back into court down the road anyhow and requests support from you.... Read More

The custody statute in Wisconsin requires the court to create a placement schedule that affords both parents "substantial and meanginful periods of placement." This has been the law since May 2000. The law encourages parents to have shared and equal placement arrangements. The court rarely will order restricted and supervised placement.  For that, there  would have to be a showing that the children are physically or emotionally endangered in some way, while in your care. ... Read More

Do you have joint custody (equal decision making)? If so, she cannot make unilateral moves on choice of school without consulting with you and your agreeing to any changes in the choice of school, whether in your county or not. There is no law that prohibits her from moving to another county, as long as that county is not more than 150 miles away from your location. Wisconsin's "removal statute" prohibits the removal of the children from the state or 150 miles within in the state from the other parent, unless the parent who wishes to move, first provides 60 days advance written notice by certified mail of their intention to move, with a copy to the court. The notice must provide details of the proposed move and the other parent's right to object within 15 days. If a written objeciton is filed, generally you cannot move with the children as planned unless the court determines the move should be allowed at a contested court hearing. If her move is less than 150 miles away from you, she can technically move; however, (A) she must abide by the joint decision making rules of your divorce decree (meaning no changing schools unless you agree and (b) if she moves, she must still follow the placement schedule outlined in the divorce decree, or she can be found in contempt of court. The third issue that arises from someone moving out of the area is how do the children get back and forth during your periods of placement. If she is the one moving, it is not reasonable for her to advocate that you come to her and pick up and drop off the children anymore. If you are the one moving away, that burden would also fall on your lap.... Read More

There is no exception under Wisconsin law that I am aware of for student debts. There is case law that indicates that student debts, whether incurred prior to marriage or during the marriage is presumptively an equal obligation. The court obviously has discretion to deviate from that presumption based on other financial considerations of the case, but the starting point is 50/50 responsibility.... Read More

I’m sorry to hear about this tragic set of facts. I do believe you have a strong case against both the school and possibly the other child’s parents, particularly in light of the heightened notice that you gave to the school prior to subsequent incidents. Contact counsel in your local jurisdiction for representation. Good luck and god speed... Read More