Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 12
  1. I just found out that I have a 20 year old son - Am I liable for back child support?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jeffrey W. Jensen
    3. James CW Bock
    3 lawyer answers

    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.

    4 lawyers agreed with this answer

  2. What can I do to legally protect my children??

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    2 lawyer answers

    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...

    4 lawyers agreed with this answer

  3. My EX got half my pension then remarried. Can I get my full pension back??? I'm not retired yet, nor is she!

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Nicholas J.B. Pasquale
    2 lawyer answers

    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.

    4 lawyers agreed with this answer

  4. Who is responsible for paying for a home that is currently on the market?

    Answered over 1 year ago.

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

    If not spelled out in the divorce judgment. you could file a motion to clarify the issues with the family court.

    4 lawyers agreed with this answer

  5. Under what grounds will the judge grant termination of parental rights voluntarily in Wisconsin?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    2 lawyer answers

    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.

    4 lawyers agreed with this answer

  6. Bk7 to Re-Organization (BK 13???) because of pending PI Claim Award from a Car Accident

    Answered over 1 year ago.

    1. Dallas William Jolley Jr
    2. Paula Brown Sinclair
    3. Jeffrey B. Lampert
    4. Nicholas J.B. Pasquale
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    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.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. If I don't contest the restraining order do I have to show up in court?

    Answered about 1 month ago.

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

    If you are not contesting the court imposing the injunction on you, then no, you do not need to appear. The court will issue the injunction against you as you "defaulted" on contesting the relief requested.

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  8. How do I request my divorce judgement be vacated and reopened for reconsideration ?

    Answered 2 months ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    You would have to file a written motion and affidavit with court both requesting a hearing and stating a sufficient basis under 806.07, Wis. Stats, for relief from judgment. If you raised these issues at the time of divorce and the judge did not agree with your position, you may be able to appeal the decision to the court of appeals assuming you are still within the time limits to do so. Attempts to vacate a judgment simply to have the judge reconsider the decision are not likely to be...

    3 lawyers agreed with this answer

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  9. My nephew was placed in foster care. His dad is in jail & his mother was unfit. Can I contact family to see how he is doing?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Gregory J. Jerabek
    2 lawyer answers

    You can certainly try to contact the foster family (you are not in trouble if you try); but be forewarned, the foster family is under no obligation to talk to you about the child or permit you to have contact. If you can't get anywhere with the foster family, try contacting Child Protective Services for the county in which the child is located and see if you can talk to the child's social worker (since it is likely that the child is under a Child in Need of Protective Services Order). Again,...

    3 lawyers agreed with this answer

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  10. WI is a marital property state. Can the parties in a divorce come to an agreement that is not a 50-50 division of property?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Andrew Joel Golden
    3. Jane A. Jacobs
    3 lawyer answers

    Absolutely. If the parties agree to an unequal division of property it is highly unlikely that the court will reject the agreement. In the situation where you and your spouse cannot agree, you have a pretty good argument that the marital estate (all property not received as a gift or inheritance either before or during marriage) should not be divided equally given the length of marriage. There are quite a few factors to consider in rebutting the general presumption of equal division. You...

    3 lawyers agreed with this answer

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