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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

175 total


  • Is it possible to divorce without appearing at a hearing in person?Is my pregnancy from another man a complication?

    My American husband and I (a Hungarian citizen) would like to file jointly an uncontested divorce. We got married in Wisconsin in 2007. We do not have property or child custody issues and we have been living apart for over 2 years, he in Wisconsi...

    Nicholas’s Answer

    Assuming there are no contested issues between you and your husband in the divorce action, you could appear via telephone at the final hearing. As for you being pregnant, there is a presumption under Wisconsin law that any child conceived or born during the marriage is the husband's child. You would need to have a Guardian ad Litem appointed in the case to recommend to the Court that it is in the best interests of the unborn child that your husband be deemed not the father of the child. I hope this helps.

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  • Do I need a attorney? My daughters father was banned from the U.S., I have custody. He wants her back.

    He married his girlfriend last month in Wisconsin and cannot recieve papers until he shows legal custody of her my daughter. He is in the U.S. and wants to work out 50/50 on our own.When he was deported the Guardian ad litem said he had to present...

    Nicholas’s Answer

    Being unsocumented in and of itself is not a bar to obtaining custody and placement rights. If a GAL was already involved, there probably is an order on custody and placement. If so, he would need to file a motion to modify with the court if you cannot agree. Only you can decide whether you believe 50/50 is appropriate for you. If not, do not agree and force him to file a motion, and yes, you should obtain an experienced family law attorney in your area if a motion is filed. I hope this helps.

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  • There was a signed agreement alternating who can claim the child on taxes. In march the dad was charged with child abuse.

    what can we do to get this reversed,,he has not seen her since march. and we feel that he should not be able to claim her this year. The is a 2 year restraining order against him

    Nicholas’s Answer

    Is dad paying child support? Is he current?

    Many courts order that a payor of child support must be current with child support as of December 31st in order to claim the exemption. If dad is in arrears and language to this affect is in your judgment, you may be able to claim the exemption without returning to court to modify the order.

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  • Is it legal in Wisconsin for my ex to add our children to his wife's health and dental insurance policies without consulting me?

    We have 50/50 shared custody. The kids are young teens now and I have always taken care of all doctor and dentist appointments. I have had the kids on Badgercare since they were born. Our agreement states that they will receive health insurance...

    Nicholas’s Answer

    • Selected as best answer

    Your ex, according to the wording of your post, is in violation of the order. Your can seek enforcement of the order/Contempt (that is, have your ex drop the insurance). You could also request the Court order that any uninsured costs incurred are to be paid solely by the ex. Contact an experienced family law attorney in your area for a complete analysis of your options. Hope this helped.

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  • Still having trouble opening a case to proceed with family court mediation or petition for joint custody/visitation

    I'm a Non Custodial Father living in IL, and wondering how to open a case in order to proceed with family court mediation or a petition for joint custody and visitation if the state of WI has jurisdiction and an intrastate child support order est...

    Nicholas’s Answer

    Some counties have forms they want used in certain actions; others do not. Because your acknowledgement of paternity is conclusive as to the issues of paternity, you could simply file a Notice and Motion for the Establishment of Legal Custody and Physical Placement. If you would like to discuss this option, call my office at (920) 459-8490 to schedule a free telephone initial consultation.

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  • Can Wisconsin arrears for child support plus current be lowered?

    currently I lose 60 percent of my income to current child support plus arrears. is it possible to go to court and get it lowered? there is nothing left to live on....

    Nicholas’s Answer

    If your income has changed since the last time the Court reviewed child support you can file a motion to modify the support order. Also, you may have other arguments that would support an adjustment of your obligation. Contact an experienced support attorney in your area for a review of your specific circumstances.

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  • Need advice on my divorce

    i was married Oct,22,2007 in texas, my wife and i decided to get divorced on or around may of 2014. we do not have children and we were married under 10 years. we agreed on the divorce and she said she would file if i paid half which i did and the...

    Nicholas’s Answer

    Unless you AND your wife lived as husband and wife in the state of wisconsin for at least six months during the marriage, a Wisconsin court would not have jurisdiction over your wife to enter orders on property division or maintenance (unless your wife didn't object Wisconsin exercising jurisdiction) - Texas courts would have jurisdiction to enter orders on these issues. A Wisconsin court could enter an order determining the status of the marriage (i.e. grant a divorce, annulment or legal separation), but nothing else. This is what is referred to as Quasi-in-rem jurisdiction. Hope this helps.

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  • What does it mean when a child support case is held open, and can back child support be collected if it is reopened?

    I have a child support case that has been held open for 8 years. The father was in prison when the filing was done, and I never went to have it opened when he was released, thinking he would not be involved, as he wasn't for 10 years. The child ...

    Nicholas’s Answer

    If support is held open, then the court has not determined support. Rather, the court is saying that support can be set in the future. Collecting back support is only permissible if there missed support payments during the period of time that the person was ordered to pay support. A subsequent hold open order would not necessarily extinguish the support arrears.

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  • What permit do need to have 12 family members campers on private land?

    too many restrictions on campground permit

    Nicholas’s Answer

    Camping on public land requires a permit. Camping on private land requires permission from the land owner.

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  • My Son is 15 and I haven't seen him in 2 years due to his father brain washing my son. My ex husband had sole custody

    But my parental rights have not been terminated. I would like to relinquish my parental rights.

    Nicholas’s Answer

    Most courts will not permit a parent to voluntarily terminate his/her parental rights unless there is someone else willing to pick up those rights, such as step parent adoption.

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