Linda S. Vanden Heuvel’s Answers

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 admissable in court.

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

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.

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.

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...

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...

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.