Ronald K. Phillips's Answers

Should he have to pay child support

Although Wisconsin statutes will, by default, determine support based on a formula that considers the gross incomes of the parents and the placement schedule, there can be other factors that will go into that formula (such as a parent having children by another partner after they've split up with the parent of the child). The court can consider other facts and may determine that the statutory formula wouldn't be fair to the child or one of the parents. Whether a parent can request a review...

Selected as best answer

Child support involving multiple children.

Wisconsin uses a percentage of yours and your ex husbands gross income with a balancing formula as the basis for child support. It isn't clear to me whether your oldest moved of his own volition or if there was a court order. Was the change in child support due to a court order? Did you receive notice of a hearing for modification of child support? The scenario you have with two children living with you and one living with your ex is called "split placement" and the court will (by default,...

1 lawyer agreed with this answer

1 person marked this answer as helpful

P90x counterfeit

Definitely get an attorney to help you with this. Chances are good that if you cooperate with the other party and help them identify the contributory infringers (e.g. the swap-meet company, the swap meet vendor, etc) you may get off the hook cheaply. I get a different read from my colleague - it seems that you did NOT know that the product was counterfeit, and bought it in good faith and sold it under "first sale doctrine" (the same doctrine that lets you sell a used book). Your "good...

6 people marked this answer as helpful

Can the father of my child deny me to take my child to live in Puerto Rico? I have placement and shared custody.

You will certainly need a court order giving you permission to take the child out of the state. You can file a petition with the court requesting permission to do so, and the court will determine whether that move is in the child's best interests. The court will of course give dad the opportunity to weigh in. The court will consider many factors, including whether there is family in Wisconsin and Puerto Rico. It may not be easy, but if you have a compelling reason to relocate and think that...

2 people marked this answer as helpful

How much does an attorney usally cost when going through a divorce?

That is a really good question, and it really depends on how complex the divorce is. if there are children, or if the parties are fighting about who gets what and who will live there, there is more work to do so it takes longer. Many divorces run into the $10,000+, so you can see it's in everyone's best interest not to fight over pennies and focus on the important stuff. Cost is an important consideration, but don't sacrifice your results to get a cheap price tag. The most important thing is...

1 lawyer agreed with this answer

I'm married, and my husband has the bank account in his name, can I take the card to the ATM and get money out?

Income earned by either spouse during the marriage is considered marital property, and you have a shared property interest in that money, regardless of whose name is on the account. That doesn't mean that you should start by raiding the account, though. I'd start by asking your husband for money. If he refuses then hopefully you have an attorney who can explain to your husband (or his attorney) that you are entitled to your share of that marital property. that should come out in the...

2 people marked this answer as helpful

I have a couple who are both on the lease. She wants him off the lease do to domestic violence. Can I legally remove him?

p.s. she should file a motion for a restraining order against him too if she's not already done so.

1 lawyer agreed with this answer

I have a couple who are both on the lease. She wants him off the lease do to domestic violence. Can I legally remove him?

Wisconsin law states that a landlord can evict a tenant when the tenant is the named offender ...in a criminal complaint that was filed against the offending tenant as a result of the offending tenant being arrested for committing a domestic abuse offense against the other tenant under s. 968.075. (this is from Wis Stats 704.16(3)(b)2.g.) If there has been such a criminal complaint filed, then yes, you can file an eviction action against him. Under the circumstances, changing the locks...

1 lawyer agreed with this answer

My daughter lives w/ her mom she is being called fat,stupid, is this enough to get custody?

If you are concerned about your daughter's *immediate* safety, contact the local police (911) or child protective services in your county immediately at (608) 785-6054. Don't take a suicide threat lightly. The kid's safety is your #1 priority. If you don't believe there is immediate danger, you should consult your child's doctor. Suicidal ideation should not be ignored, and your child may have an underlying medical or mental health issue that needs to be treated. If abuse is at the heart of...

1 lawyer agreed with this answer

Does the mother have full custody of her child till the father takes her to court?

Both parents have parental rights under Wisconsin law. Dad can't simply take the child away - only a court can make placement/visitation and custody determinations, and there is a legal presumption that shared placement and custody is in the best interests of the child. That also means that you can't prevent the father from spending time with the child without a court order. If the father wants to exercise his right to visitation, the general public policy is that this is a good thing for...

2 people marked this answer as helpful