Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 12
  1. Who pays for the re finance, after divorce?

    Answered almost 2 years 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 almost 2 years 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 almost 2 years 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. Will I receive anything from the $70,000+ I invested (addition, roofs, blacktop) into property that was covered by a prenup?

    Answered 5 months ago.

    1. Nicholas J.B. Pasquale
    2. James CW Bock
    2 lawyer answers

    This question can only be answered by looking at the specific language of the prenuptial agreement. Depending on the language used, there may exist an exercisable claim for property enhancement. Additionally, depending on the manner in which the agreement was prepared and executed, there may exist grounds for attacking the validity of the agreement in its entirety. Before assuming anything, contact an experienced family law attorney in your area for an analysis of the agreement.

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

    Answered almost 2 years 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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  6. Divorce tax question, kinda complicated.

    Answered 4 months ago.

    1. Nicholas J.B. Pasquale
    2. Olga Vasilyevna Guzhva
    2 lawyer answers

    In order for your ex to have the right to claim the child he would have to modify the divorce judgment. Allocation of the child tax dependency exemption is in the nature of child support, and support orders can be modified by the court upon a showing of "substantial change in circumstances.

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  7. If a child turns 18, I know he or she is now considered an adult. My ? is can they drop-out from high school on their own?

    Answered 6 months ago.

    1. Nicholas J.B. Pasquale
    2. R. S. Missimer
    3. Robert C. Daly Jr.
    3 lawyer answers

    Upon turning the age of 18, you are no longer legally responsible for your child's care, that includes having them attend school. If the child refuses to finish up high school, there is no legal recourse available to you to compel the child's attendance. As for child support, Wisconsin law states that support can be ordered by a court for a child up to the age of 19 so long as the child is enrolled in an accredited educational program leading toward the acquisition of a high school diploma or...

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

    Answered almost 2 years 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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  9. What are my rights when it comes to visitation when I have 100 percent physical placement of my 10 month old son?

    Answered almost 2 years 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

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

    Answered almost 2 years 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...

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    1 person marked this answer as helpful

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