Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 12
  1. 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 almost 2 years 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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  2. What age does a child have the right to choose who he/she wants to live with after a legal divorce?

    Answered 3 months ago.

    1. Nicholas J.B. Pasquale
    2. James CW Bock
    3. Ginger L. Murray
    3 lawyer answers

    The child has a voice at any age, but the decision of who the child lives with and when is a decision made by the parents via agreement or by the judge assigned to the case. The court is required to weigh the wishes of the child amongst a whole host of other factors. As a child gets older, greater weight is given to the child's wishes, but the court is not bound by those wishes if are contrary to what the court believes to be in the child's best interests.

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  3. 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 almost 2 years 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...

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  4. Does my ex have rights?

    Answered almost 2 years 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

  5. Wisconsin~~how do I get any child support from my husband, while he works for room and board?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    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!

    4 lawyers agreed with this answer

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  6. My fiancee's ex is taking her to court as often as possible, every month and a half/two months. Is there a motion to stop this?!

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Howard M Lewis
    3. Teri M. Nelson
    3 lawyer answers

    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.

    4 lawyers agreed with this answer

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  7. How is halfway meeting place determined for dropping and picking up child?

    Answered 3 months ago.

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

    There is no hard and fast rule for dealing with location for placement exchanges. The court has tremendous discretion powers, meaning it can make an order on the issue based upon how it sees and weighs the facts it deems relevant. Ultimately, the court will will balance the needs of the child against the inconvenience of the parties; usually this means the partied meet at a distance equal middle point or each party picking up the child from the others residence when placement begins. The...

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  8. I want to move out of State with my 5 month old. I have physical custody of her, but the visitation is open.

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Howard M Lewis
    3. Teri M. Nelson
    3 lawyer answers

    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...

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  9. Can a non-custodial parent remove children from extra-curricular activites if they interfere with his scheduled time?

    Answered 3 months ago.

    1. Nicholas J.B. Pasquale
    2. Robert C. Daly Jr.
    3. James CW Bock
    3 lawyer answers

    Easiest way to resolve the issue is to file a motion requesting the court to order him to take the child to the activities, or at minimum, allow you access to the child on his days so that you can take her to the events.

    4 lawyers agreed with this answer

  10. Can my incarcerated husband appoint his girlfriend POA to handle our divorce

    Answered 5 months ago.

    1. Nicholas J.B. Pasquale
    2. Steven J. Weber
    3. Teri M. Nelson
    3 lawyer answers

    She can show up to court as divorce hearings are open to the public. She cannot act as your husband's advocate unless she is an attorney licensed to practice in the state of wisconsin. Your husband can still participate in the divorce proceedings even if incarcerated.

    4 lawyers agreed with this answer

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