Nicholas J.B. Pasquale’s Answers

Nicholas J.B. Pasquale

Sheboygan Divorce / Separation Lawyer.

Contributor Level 12
  1. MY SON IS 16 LIVES WITH HIS MOTHER. WE WOULD LIKE TO KNOW WHAT MEASURES TO TAKE TO LET HIM LIVE WITH ME HIS FATHER.

    Answered 3 months ago.

    1. Nicholas J.B. Pasquale
    2. Steffanie Ann Schaff
    3. James CW Bock
    3 lawyer answers

    You have a couple of issues here: 1) modification of placement and 2) child support. You can file a motion with the court to request modification of the placement order and the court can grant primary placement to you if you can show that it would be better for your child if he lived with you on primary basis. Child support is connected to placement, so if you are successful in your motion for placement modification, your future child support obligation will be terminated - you could even start...

    3 lawyers agreed with this answer

  2. Can I go for full custody if other parent isn't following the parent plan we have set up through court?

    Answered 4 months ago.

    1. Nicholas J.B. Pasquale
    2. Thomas P. Alberti
    2 lawyer answers

    Often people confuse "placement" and "custody". Placement refers to when a child is physically with a parent, whereas custody refers to a parent's ability to make certain decisions for the child (such as choice of school, religion, non-emergency medical care, etc). Under Wisconsin law, courts are requires to presume that joint legal custody is in the best interests of a child. However, this presumption can shift to a presumption of sole custody to one parent when there is evidence of domestic...

    3 lawyers agreed with this answer

  3. I'm going to family court supposedly for contempt on our stipulation. I am not in contempt. What do I do?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jason Todd Studinski
    3. Nicholas C. Zales
    3 lawyer answers

    What is the nature of the alleged contempt (ex. failure to pay support, enforcement of placement, etc.)? Was an "order to show cause for contempt" or a "motion for contempt" filed?

    3 lawyers agreed with this answer

  4. How can a person in wisconsin get divored and be ble to remarry in july

    Answered over 1 year ago.

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

    If you are a resident of Wisconsin and your spouse is a resident of Wisconsin, they you will have to file for divorce in Wisconsin. Pursuant to sec. 767.335(1), a Wisconsin court cannot grant a judgment of divorce until 120 days have elapsed from the date the other party was served upon the other party or 120 days have elapsed from the filing of a joint petition. Thus, if you file for divorce in Wisconsin (and assuming that there are no contested issues) you will not be able to be divorced,...

    3 lawyers agreed with this answer

  5. Wisconsin courts told me to have papers served on my ex for change of placement. what is each step i need to go through?

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    2. Jane E Probst
    3. Teri M. Nelson
    4. David Alexander Browde
    4 lawyer answers

    You can file a motion to dismiss based upon a lack of standing (issue is moot) and lack of jurisdiction. The court does not have the authority to enter an order for placement over an adult child in a divorce/paternity matter. The jurisdiction challenge is the better argument, but assert every claim you can when challenging a motion. Call me if you want to discuss further 920-459-8490.

    3 lawyers agreed with this answer

  6. My sister and her 2 yr old lives with my parents

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    You can and should contact child protective services in your county.

    3 lawyers agreed with this answer

  7. My ex and I have 50/50 joint custudy

    Answered over 1 year ago.

    1. Nicholas J.B. Pasquale
    1 lawyer answer

    If you can't get your ex to agree that the child go with you for the summer, then you will need to file a motion with the court requesting the placement schedule be modified. Feel free to call me to discuss further at (920) 459-8490.

    3 lawyers agreed with this answer

  8. If I went to court and my wages were garnished, can they add interest and refilling costs after the judgement has been sent?

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Dorothy G Bunce
    2 lawyer answers

    The judgment would have included any pre-judgment costs and interest. Post judgement, the creditor can add the costs of the earnings garnishment filing and post judgment interest to the the total amount. Post judgment interest is set by statute.

    3 lawyers agreed with this answer

  9. Can a creditor levy my bank account if I'm exempt from wage garnisment?

    Answered almost 2 years ago.

    1. Nicholas J.B. Pasquale
    2. Dorothy G Bunce
    2 lawyer answers

    Yes, but only if the funds in the account are greater than 5k (if you are not married) or 10k (if you are married). If amount in the bank is greater than these amount, bank go after the amount above. These are the exemptions from execution for bank accounts in Wisconsin. See sec. 815.18(2)(k). You would have to file an objection to the creditor's levy/execution request. You should consult with an attorney who handles debtor rights.

    3 lawyers agreed with this answer

  10. In what form do i need i need to request a substitution of judge in a family case?

    Answered over 1 year ago.

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

    Under sec. 767.201, the rules of Wisconsin Civil Procedure apply to actions affecting the family unless there is a contrary provision provided under ch. 767, Wis. Stats. Under the WI rules of civil procedure, the statute for substitution of judge is 801.58. All the form must have on it (aside from the caption) is that you are requesting for substitution of judge under 801.58, Wis. Stats. For a sample substitution of judge motion, go to the link below. Hope this helps.

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920-843-9662