You file a motion for child support and argue that ex is capable of earning X amount of gross income per month. The court can consider earning capacity in setting support. This is not an uncommon situation and, at a minimum, you have an argument to say ex could work full-time at minimum wage. Collecting the support is a different matter, but it is still better to have a support order in place. Hope this helps!
Every rime he loses, your fiancé can request that she be awarded fees for defending the action, Also, depending on the specific allegations in future motions by ex, she could counter with a frivolous motion claim and request the court sanction the ex above and beyond ordering him to pay her attorneys fees. The procedure for claiming a motion frivolous is defined by statute and would need to be followed. Hope this helps.
If a paternity judgment has been issued by a Court in Wisconsin, in all likelihood the judgment awards you with primary physical placement and the father with periods of physical placement at reasonable times and upon reasonable notice. If this is the case, sec. 767.481 details the steps you must take before moving:
If the court grants periods of physical placement to more than one parent, it shall order a parent with legal custody of and physical placement rights to a child to provide not...
Yes, and you can do so without a filing a traditional name change civil action. You will need to present your marriage certificate to agencies (dvm, social security, etc.) to get issued new documents with the assumed spouse's last name. I speak from personal experience on this one.
No. Since you had no knowledge of the child, you most likely did not acknowledge paternity; and since there was no establishment of paternity, you had no legal obligation to support the child. Keep in mind that right now you have no rights relating to the adult child, in particular, inheritance rights.
First, if you are concerned about the saftey or welfare of your children in your ex's home, you should contact child protective services in your county and report the incidents to them. If the allegations you make can be substantiated, they may request the District Attorneys Office file a Child in Need of Protective Services action and the issues and corrective measures can be address in that action (a court order in a CHIPS action trumps a family court placement order). If protective...
Property division is final as of the date of divorce. However, if you have received new information suggesting that the ex lied/misrepresnted to the court during the divorce process concerning her assets which could/shoud have been considered by the Court, you may have a claim to vacate the divorce judgment. This would depend in large part on what information you have obtained and when you obtained it. Otherwise, you are stuck with the judgment that was issued.
I agree with Attorney Probst. In addition to the statutory grounds for termination, the court must find that terminating your parental rights is in the best interests of the child. Many courts have viewed this to mean that unless there is someone stepping into your shoes to assume your rights (like a step parent), terminating your rights is not in the child's best interest. You should consult an attorney who practices termination in area. Hope this helps.
Speak to an experienced bankruptcy attorney in your area right away. How much of the PI claim you can exempt from your creditors will play a large role in determining whether you should file chapter 7 or chapter 13.