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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

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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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  • Should I seek legal advice to be prepaired?

    My husband has been going back and forth about whether or not he wants to stay married after i have repeatedly tried working it out with him after his infidelities. I do not feel it is fair for me to continie to keep fighting for someone who is no...

    Nicholas’s Answer

    At a minimum, you should consult an experienced divorce attorney in your area for analysis of your specific facts so that you can see what affects a divorce would likely have on your legal rights and obligations.

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  • Would like to move children out of state

    there is no divorce or custody process in place or filed yet...wanted to know what kind of legalities I could be facing for moving my children out of state against my husband's wishes

    Nicholas’s Answer

    There is nothing prohibiting you from moving out-of-state with the children. Once an action for divorce is commenced, you are prohibiting from moving out-of-state or more than 150 miles from the other party unless you have permission of the Court. Until then, nothing stops you from moving. I caution all of my client's, however, to keep in mind that unless there is an overwhelmingly compelling reason to justify the relocation, the Court in the divorce action can order the return of the children and may be considerably displeased with the parent who relocated. You should speak to an experienced family law attorney in your area before you relocate. I hope this helps.

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  • A girl had proposed me 2 years back..she told me that she was my fan..and messaged me every day..i didn't care about it in the b

    a girl had proposed me 2 years back..she told me that she was my fan..and messaged me every day..i didn't care about it in the beginning but when I didn't reply she told that she will commit suicide.from then on I used to talk to her meet her..etc...

    Nicholas’s Answer

    I don't know how much help a lawyer can give you as the situation you describe does not give rise to any legal issues. By your statement of facts, you have no legal obligation to support or care for this individual. You may wish to consult someone such as a therapist or pastor for guidance on how to exist this relationship.

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  • About how much does a lawyer cost for a case to change custody and placement?

    My daughter is 7 months old. At 5 months old there was court for custody, placement, child support. The father did not show up and I wasn't confident enough to speak up while speaking with the judge. Ended up with 50/50 custody and me having prima...

    Nicholas’s Answer

    I agree with Attorney Jenson. You should also be aware that once the court issued its original order on custody and placement (2mo ago), Wisconsin law says you and the father cannot change
    the order within 2 years unless you can show that substantial harm to the child would likely result if the order is not
    changed by the court (high burden of proof). You might be able to get around this burden and have a lower burden of proof if you are simply trying to get the father's placement to be supervised. As a practical matter you already have primary placement under the order. Given that you agreed to the joint custody 2 mos ago when you knew of the father's background, it is unlikely you would be able to convince the court that granting you sole custody is appropriate.

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  • Should I report my son's father for breaking his purge conditions, set up by the courts from his contempt hearing, over $10?

    A year ago my son's father stopped paying child support for 6 months / failed to pay any uninsured medical expenses, medicine costs and health insurance premiums for over 2 years as ordered by the court. Child support took him to court, he was fou...

    Nicholas’s Answer

    Only you can decide whether the violation is substantial enough to take your son's father back to court for imposition of the jail sanction. The Court will still have discretion to decide whether to actually impose the jail time. In my experience, the greater the violation, the greater the likelihood that the Court will impose the jail time sanction.

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  • A girl had proposed me 2 years back..she told me that she was my fan..and messaged me every day..i didn't care about it in the b

    a girl had proposed me 2 years back..she told me that she was my fan..and messaged me every day..i didn't care about it in the beginning but when I didn't reply she told that she will commit suicide.from then on I used to talk to her meet her..etc...

    Nicholas’s Answer

    In my opinion, an answer to your question requires the guidance of someone other than an attorney, such as a pastor or therapist. Nothing in your statement of facts suggests that you have any legal obligation to care for or support this person.

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  • 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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