Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 11
  1. Who pays for the re finance, after divorce?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Mary Katherine Brown
    3. David Alexander Browde
    3 lawyer answers

    She is responsible, not you.

    8 lawyers agreed with this answer

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  2. Can I receive exempt retirement monies, 6 months after filing chapter 7 or have to wait 6 months after discharge?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Dorothy G Bunce
    3. Jeffrey B. Lampert
    3 lawyer answers

    You do not need to wait until six months from filing or discharge to start drawing your pension. Have you had your 341 creditors meeting yet? If so, did you advise the trustee of your anticipated increase in income? Did the trustee indicate any concerns with the upcoming increase in income and ability to repay your creditors? If yes to the first 2 questions and no to the 3rd question, you could start drawing the pension now. If no to any of the first 2 questions or yes to the 3rd, speak with...

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  3. What does "Plaintiff be given relief as sought" mean?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Nicholas J.B. Pasquale
    3. Jane E Probst
    4. Jayson Lutzky
    5. David Alexander Browde
    5 lawyer answers

    Your husband is simply asking the court to enter judgment in his favor on whatever he is asking for in the divorce. This is standard language that you should not overly concern yourself with. You should hire a divorce lawyer and file a response and counterclaim so that you can also ask that the court grant you any relief you request. Hope this helps.

    7 lawyers agreed with this answer

  4. When getting married, can a woman change her first name without having to file a name change petition with the courts?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Hillary Johns
    2 lawyer answers

    Unfortunately, you are not permitted to change your first name through any other avenue than a civil name change action filed with the circuit court. This is evidenced by the the court's lack of power to restore a first name in the event of divorce. Under sec. 767.395, Wis. Stats., the divorce court only has the authority to restore a spouse's former surname (last name).

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  5. Is this a valid contract, and is the Clerk of Courts office correct that this is small claims and not family law?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Michael J. Briggs
    3. Elizabeth Jones
    3 lawyer answers

    If the agreement was not incoporated into the judgment of divorce, the provisions of the judgment of divorce controls. Why was this agreement not presented to the Court during the divorce action? The divorce pleadings, and ultimately the parties at trial, should have informed the court of the premarital agreement. While Marital Property Agreements are given a general presumption of validity, if your question sets forth the complete agreement, I doubt that the Family Court would enforce the...

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  6. What are my rights when it comes to visitation when I have 100 percent physical placement of my 10 month old son?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    Unless the paternity judgment (or other postjudment order, if any) states that the father's placement is to be supervised, then you could be found in contempt for only permitting the father to have supervised placement. Contempt Actions are fact specific, and even when their is a technical violation of a court order, the court may not necessary find a party in contempt if the action/violation was appropriate or justified under the circumstances. Chances are that the placement order grants the...

    6 lawyers agreed with this answer

  7. How does a GAL work with parents that live in two different states?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    First, every Guardian ad Litem is different in how he/she conducts their investigation. That being said, the GAL will not travel to Ohio given the relatively small amount of upfront money the GAL is given as a deposit. Most likely, the GAL will want to talk to you and other individuals in Ohio over the phone. The GAL certainly will want you to execute releases of information so that he/she can information from agencies, institutions or other individuals that he/she believes will assist in...

    5 lawyers agreed with this answer

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  8. My husband has twins.he has 50/50 custody and placement.i dont think we should have to pay child support to his ex wife.

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Teri M. Nelson
    3. Nicholas C. Zales
    3 lawyer answers

    Wisconsin uses a shared placement formula for calculating child support In your case the formula would be (((husband gross monthly income X .25) X 1.7) X .5))). do the same calculation but substitute wife's GMI in place of husband's. Each figure represents the child support owed to the other party. Subtract the smaller amount from the larger and whatever amount is left gets paid to the other party. There could be some deviation from this amount after considering other factors like childcare...

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  9. My baby daddy doesn't see my son and he doesn't pay child support can I have his rights removed? Its already like he did?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Tajara Dommershausen
    3. Gary Dean Hoffman
    3 lawyer answers

    If father has been adjudicated the father by the court, depending on the specific facts of your case you could file a voluntary or involuntary termination of parental rights action. However, your chances of success are significantly reduced if there is no one is assuming the terminated parents rights (example: stepparent adoption). Many courts still hold to the view that a uninterested parent is better than no parent. At a minimum, the uninterested parent remains obligated to financially...

    5 lawyers agreed with this answer

  10. Does my ex have rights?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Sean William O'Neill
    3. Nicholas C. Zales
    3 lawyer answers

    The father will not have any rights to the child (or be obligated to support the child) until he obtains a paternity judgment from the court establishing his rights and obligations.

    5 lawyers agreed with this answer