Wisconsin Family Legal Questions

Under Wisconsin law, there is a prohibition of moving out of state or more than 150 miles within the state from the other parent; if they are doing that, you have a right to object and you are also allowed to file a motion to modify placement and request of the court that the children be placed with you.... Read More

Under Wisconsin law, if both of your children are adults and have graduated high school, your obligation to pay child support is over. File a motion with the court to terminate the order; if in Milwaukee County, you can do a "walk in" to the family court commissioner's office with a copy of your divorce decree, birth certificates for your children, and high school diplomas, and the court will terminate the order, providing you are also not paying on child support arrears.... Read More

If you are having marital difficulties, your probable remedy to your wife taking business money without your consent would be to file an action for legal separation or possibly divorce, depending on how bad things are between you. The court can hold a hearing and make her provide an allocation back to you of the funds taken or perhaps, even make her place the money back from where she took it.... Read More

Request a letter from your child's pediatrician about your child's medical condition and the necessity for the prescription medicine and if he continues to refuse, file a motion with the court. Secondly, in response to your reply, what type of evidence have your produced? Also, how old is your child? Have you obtained a written letter from your child's physician as to what is medically wrong with the child and why the prescription medicine is necessary?... Read More

If you have grounds under the law, you can ask the court to involuntarily terminate the parental rights of the biological father, in order to pave the path for your husband to do a step-parent adoption. The biological father could also consent to have his parental rights voluntarily terminated. While I don't personally handle step-parent adoptions, my recollection is that you have to be married at least 1-2 years, for the court to consider your new husband doing a step-parent adoption.... Read More

This is a frequent complaint of litigants involved in custody litigation; the parties cannot agree to a placement schedule and the court appoints a guardian ad litem to advocate for the child's best interests; in some counties, the court may also appoint a social worker to assist in the investigation; inevitably one of the litigants gets the vibe that the GAL or case worker is one sided or appears to be against then in their recommendations to the court. Remember however, that the GAL is an attorney and cannot testify at the court trial; the GAL makes recommendations which the trial court can accept, deny or modify in a way that they deem is best; ask around from people you know or talk to an experienced divorce lawyer in your county on what they know about the GAL and more importantly  what they know about the particular judge on your case; is the judge one who may just rubber stamp the GAL's recommendation, or are they more of free thinker and may do their own thing? If you feel the case is going badly for you, you might decide to strike the best deal you can right now with the other parent and not risk losing anything more at trial. I know it's a tough decision either way.... Read More

It sounds like your problem is more against the correctional facility than the other parent. if the other parent was interfering, you could file a motion for contempt or motion to enforce physical placement. Are there court orders in place that allow you visitation while incarcerated? Have you provided copies of those legal documents to the warden or others in charge at the correctional facility? Is there some type of review or appeals board that you could meet at the facility to discuss your concerns?... Read More

I would talk to your child's primary pediatrician and see what they recommend. Perhaps they could write a detailed letter about your son's condition and what safeguards the school needs to  put in place for his protection and/or for other's safety. You can provide that to the school district. The other option is placing your child in some type of special needs program at a different school, where his needs can be met. Maybe he is simply at a level where he cannot be in regular public school. I am truly sorry for what you are going through with your son, and hope that maybe his needs can get better over time.... Read More

If there is alienation between the two brothers, the younger brother can create a trust or will to disinherit his brother from collecting anything from his estate; the older brother may not necessarily be entitled under law from collecting against his younger brother's estate depending on who survives him after his death, such as did he leave a surviving spouse or domestic partner, or have surviving children?... Read More

Assuming you are in or closing in on the end of the statutory 120 waiting period, what happens next is dependent on what county you live in; some counties automatically schedule a court pre-trial date after the 120 day waiting period; in other counties, you have to request a pre-trial court date; this will require you to draft and file a certificate of readiness, your respective financial disclosure statements, a pre-trial order and proof that you both attended the parenting class where you have minor children. Hopefully, you also filed a response to petition and counterclaim within 20 days of being served the legal separation papers, so the court has you in their system for purposes of being notified of any forthcoming court dates. You can also check the progress of your case on c -cap, the Wisconsin court internet  site.... Read More

Were you aware of the pending worker compensation case prior to the divorce being granted? Was it disclosed in your ex spouse's financial disclosure statement? Was it dealt with in any way in your final divorce decree? If it was not disclosed, whether intentionally or by neglect, if it is more than $500 in value, you can claim a constructive trust over the money and for your children, pursuant to Wisconsin statutory law; also keep in mind that generally personal injury money, under Wisconsin law is not exempt property like gifts or inheritances, but the case law indicates that the principal award should go to the person who was injured, and the non injured spouse can only claim the portion of the settlement related to payment of uninsured medical expenses or that portion of the claim that relates to lost wages. Under Wisconsin DCF guidelines, disability compensation is "gross income" and can be used for support purposes.... Read More

Any consultation with an attorney about getting a possible divorce from your husband, whether on the telephone, or in person at the lawyer's office, is covered by attorney-client confidentiality. No one will know that you have consulted with an attorney, but you. if you believe your husband poses a physical threat to you, you can also file a domestic abuse restraining order to keep your husband away from you; you can also request in the initial restraining order that he be removed from the home and to have no contact with you whatsoever. In terms of paying for attorney's fees, many attorneys offer a free consultation where it won't cost you anything to get some initial advice from an attorney; if you can't afford an attorney, the attorney you are meeting with may be able to steer you to some not for profit legal organizations that could assist you with obtaining a divorce or refer you to another attorney where you pay as you go for the services, without having to come up with a large retainer; some attorneys also take credit cards for you make the initial retainer to allow you the ability to afford lawyer fees. There are many possibilities and options open to you.... Read More

You certainly can try to bring your ex husband back into court to seek an increase in support or try to show the court that he is shirking his financial responsibilities by claiming he only makes $42,000, but at the same time his sending money offshore to buy expensive six figure sports cars. Perhaps, the I.R.S., might also be interested in your ex husband's business dealings.... Read More

Ordinarily, a divorce is a triggering point that removes you from your spouse's health insurance plan; you can convert the plan to your own if you do so within 30 days of the divorce under COBRA law; whether there is an exception to military benefits, I'm not in a position to answer; I suggest you ask for a copy of the actual health insurance plan to see if there might be ongoing coverage after the divorce or a legal separation in lieu of a divorce that might provide ongoing coverage to you.... Read More

You will need to file a small claims lawsuit that asks (a) for the return of your car and/or alternatively (b) for the money due you for the car. Small claims court is designed specifically to assist parties in legal matters without lawyers to resolve their legal disputes. In Wisconsin, the threshold for most cases is $10,000. At 975, it is  non -issue.... Read More

The answer is no; first off, any informal agreements that you reach are generally not enforceable unless reduced to a formal stipulation and order and approved in court; further, an agreement not to pay child support may arguably be against public policy and against the child's best interest; child support us a right that belongs to the child, not the parents, which is why it cannot be denied, waived or limits out on the amount or duration.... Read More