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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

181 total


  • Want to access 401k for loan.

    Husband got 50% in divorce, never took action towards this. This was 5yrs ago. How can I free up my 401k.

    Nicholas’s Answer

    A divorce judgment merely allocates and specific interest in a 401(k) between parties. It is a Qualified Domestic Relations Order that compels a 401(k) plan administrator to divide the account in accordance with the terms of a divorce judgement. You could hire someone to prepare the order, commonly referred to as a QDRO, for a fee usually between $200 and $600. Once prepared, you have the judge sign it, certify it and then you send the certified copy to the 401(k) administrator for processing and division of the account. I hope this helps.

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  • I am 61 and get a fair amount on my SS at age 66.....if I divorce in the WI...is my social security affected in any way?

    Married 11 yrs....I worked as RN when married 2003-2010

    Nicholas’s Answer

    No, your social security will not be affected. If a couple is married more than 10 years and otherwise meets certain eligibility requirements, a person can draw social security based upon the prior spouse's income credits and wages paid into social security at retirement age, up to 50% of the former spouse's benefit. But, drawing upon the the former spouse's social security will not diminish or in any way affect what that the former spouse is to receive in social security retirement pay at retirement. So if, for example, your ex-spouse were to draw under your social security, you would still receive a payment for 100% of what you have accumulated in social security benefits at retirement age. I hope this helps.

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  • Can my husband remove items from our home if we haven't filed for a separation or divorce yet?

    We have not filed for anything yet, but he has been living elsewhere since August; either with friends or a girlfriend. He left, I did not throw him out. My question is..Can he legally remove items from our home before we file and/or court or unti...

    Nicholas’s Answer

    As no action for divorce or legal separation has commenced, there are no orders prohibiting either spouse from removing jointly held property from the home. Even of there is a removal of property happens pre-filing, a party will likely have to account for any items removed once an action for divorce or legal separation is commenced. I hope this helps.

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  • Do I need my husbands concent to let someone watch our baby more then a few days?

    I gave my friend permission to watch my husband and my baby for a week or 2 My husband found out and told me it is against the law for me to give someone permission to watch our baby for more then few days with out his concent also

    Nicholas’s Answer

    An answer to your questions would require a deeper understanding of the relationship between you and the other parent, procedural history of your case and the order currently in effect. Unless the Court order states that you must obtain consent, you are not obligated to obtain it from the father. However, depending on the circumstances, I can see an argument that this obtaining of "childcare" was a matter of legal custody and you and the ex have joint custody, there may be an argument that the ex claim that you violated "joint legal custody" by not making the decision jointly with that parent. Also, depending on the circumstances, if this issue was brought before the Court, the Court may be inquisitive as to why placement was not offered to the other parent before utilization of third-party care. You should consult with an experienced family law attorney in your area for an assessment of the strengths and weaknesses of this issue. I hope this helps.

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  • Am I able to add interst to overdue payments from my ex-husband? He has failed to pay me over $4,000 as stated in our divorce.

    I would like to understand my options to have my ex-husband repay me money ordered in our divorce which includes marital and our son's medical bills. He continues to refuse payment.

    Nicholas’s Answer

    An answer to your question depends on what the obligation to pay you was for in the judgment. If the obligation was in the nature of support (maintenance, child support, variable costs), you have an argument that the amount should be collecting interest at the rate of .5% month or 6% per year. This amount used to be 1% or 12% per year, but was recently reduced. If the money ordered to be paid to you was in the nature of property settlement, you have a claim that the amount unpaid at maturity is accruing 1% per month plus prime interest rate (a lot more than for support). See Wis. Stats. sec 814.04(4). Keep in mind that interest is not compounded for either scenario - you do not get to collect interest on the interest. Contact an experienced family law and/or collection attorney in your area for further information. I hope this helps.

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  • Hi i married a nigeran man and just found out that he has a nigerian wife now what i need to know is my marrage void

    need to know if we are married we married in nigeria and there they can have more than one wife. we love each other very much and want to be married so i need to know what we can do

    Nicholas’s Answer

    You need to find out when his marriage to the other woman occurred. If the marriage to the other woman took place before yours, you need to determine whether that marriage was lawful as well. If he was married prior to your marriage to him and that previous marriage was lawfully commenced and has not been lawfully terminated, you can obtain an annulment.

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  • What are the odds of my ex getting 50/50 placement?

    My ex is threatening to go for 50/50 placement "so he doesn't have to pay child support". The only reason he wants this placement is to get out of paying child support, and I have saved text messages of him saying so. I do not want my daughter sta...

    Nicholas’s Answer

    Determining what is in the best-interests of your child requires a comprehensive analysis of your case (if this is post-judgment) and of your specific facts. You indicate that he works third shift - this is not conducive 50/50 placement arrangement, provided that you don't also work third shift; but without more information, it is impossible to give you an assessment of the strengths/weaknesses of the case. Feel free to call my office at (920) 459-8490 to schedule a free initial consultation.

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  • Objection to Moving Out of State with my children... I NEVER got a letter from ex. He sent "copy" to court, mediation ordered.

    Per WI Statue I mailed my ex a certified letter with my intent to move out of state with our kids. I gave court a copy along with proof he was served. He has 15 days to respond to me with an objection (through certificated mail I thought) & give c...

    Nicholas’s Answer

    Wis. Stats. sec 767.481(2)(b) states "if the parent who is proposing the move or removal receives a notice of objection under paragraph (a) within 20 days of sending notice under sub. (1)(a), the parent may not move with or remove the child...". Firstly, you must wait until 20 days have passed after you sent the notice, not 15. Secondly, his objection does not need to be by certified mail, only that you receive it within 20 days of when you sent your notice. If you do not receive his written objection within 20 days of when you sent your notice, the statute allows you to move/relocate pending a resolution of matter by the court. However, this does not mean that the court does not have the authority to order the child's return. I hope this helps.

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  • I have been living with my mother all year due to financial problems. Can she kick me out w.o notice?

    I'm in my 20's and live with my mother in a home she owns. Utilities are in my name I pay them as well as buy food for the household. My mother and I had a disagreement the other day and she told me I have to move out of the house. I have a job b...

    Nicholas’s Answer

    Since your home is in your mother's name, yes, she can kick you out - but not in the way that you may think. You are techincally a "tenant". Your "rent" is payment of the utilities. Your mother could file an action to evict you from the property if you were to stay in the home after receiving a 14 day notice of termination of tenancy. You have a temporary right to occupy the premises, but that can be severed by the owner of the property. I hope this helps.

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  • What to do ? Per MSA I get to claim my child. Received a letter from IRS about my child being claimed twice.

    Per MSA I am the parent that can claim him as a dependent and my ex claimed head of household. I received an letter from IRS saying that he has been claimed on another filling. (I am assuming my ex). What are my options

    Nicholas’s Answer

    • Selected as best answer

    Contact the IRS and advise them that under the terms of the divorce order you are the person allowed to claim the child as a dependent. The IRS will then go after the ex to have him amend his return.

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