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Linda S. Vanden Heuvel
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Linda Vanden Heuvel’s Answers

7 total

  • Is there anything that i can do to stop paying for a child that was proven not to be mine

    i took a dna test and the child was not mine but the state is ordering me to pay 700 dollars a month and i do not have any perental rights for this child

    Linda’s Answer

    First of all, it is necessary to know whether the DNA test was taken through the court system or you had the DNA test done privately. Is there a judgment of paternity or a judgment of divorce? This issue is also determined at least in part by the age of the child and your relationship with that child. In Wisconsin, the court looks at the best interests of the child. It is not only a monetary consideration.

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  • My ex is not required to pay support due to a SHARED PLACEMENT agreement. HE is not paying variable cost What can I do?

    How long do I need to wait to go back to court for contempt for him not paying the variable cost? How long must I wait to go back if I now want to seek child support, but I make a great deal more than him. Will I be required to pay him support?

    Linda’s Answer

    If there is a court order requiring that your exspouse pay variable costs and those variable costs remain unpaid (in my opinion for more than 30 days) unless your judgment of divorce or temporary order identifies a different timeline, you may file a contempt motion at any time. You may want to advise your ex that if the payments are not paid timely it is your intent to bring the motion.

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  • In Wisconsin, can my husbands boss lay him off and yet hire someone to do his job?

    My husband had to go on Short Term Disability thru work about 5 months ago. The first week when he was still in the process of finishing up the paperwork his employer tried to lay him off. He stayed on STS for just under 3 months until he was cl...

    Linda’s Answer

    This is a complicated question and is determiend by whether or not you can prove discrimination.

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  • What are WI state divorce laws if one spouse is cheating?

    If one spouse is cheating, how does this affect the divorce? Are there any specific laws in WI?

    Linda’s Answer

    Wisconsin is a no fault divorce state. The only reason for divorce is irretrievable breakdown of the marriage. Infidelity may sometimes be a factor in a custody/placement situation if there is an impact on the children. If there are no children, the fact that one person is unfaithful is not relevant or admissible in court.

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  • Court ordered joint custody. Wife moved to texas. Can't see my kids.

    I live in Wisconsin. I found out my wife was cheating on me so I filed for divorce. The court set joint custody and child support. Before our first divorce court date my wife moved to TX with our children. I tried calling the cops and they didn't ...

    Linda’s Answer

    This is a difficult question because some facts are missing, ie., the reason your wife moved to Texas with the chidren. Generally the courts in Wisconsin require either court permission or your permission as a parent before the other parent is allowed to establish a residence with a minor child outside the state of Wisconsin or more than 150 miles from the residence of the other party. Another party may not conceal a child from the other parent without the consent of the other party or order of the court or circuit court commissioner. This answer assumes that you have been awarded joint custody.

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  • Social Security benefits

    I was married for 24 years and since divorced. My question is Can I use his social security benefit since he was the major income source and I only worked part-time in the first years of marriage. What if I were to get remarried? West B...

    Linda’s Answer

    If one spouse works and the parties have been married for 10 years or more, then the non-working spouse is entitled to one-half of the working spouse's Social Security or his/her own, whichever is higher.

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  • I married in 2008 and moved into my husbands existing home-what would I be eligable for if we divorced?

    Divorce and state law in WI

    Linda’s Answer

    Under Wisconsin law you would be eligible for half of the increase of equity during your marriage. That is the likely response of the court, although there is a presumption that as of the date of marriage that all property is marital, except gifted and inherited property. Given the economy, there is a possiblity that the actual equity in the home decreased rather than increased, so I would not be exceedingly hopeful of a positive result with such a short marriage and in light of these economic times.

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