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Nicholas J.B. Pasquale
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Nicholas Pasquale’s Answers

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  • When is marital property no longer marital property in WI?

    In my divorce, I was given the house and my car. Since my divorce, I have refinanced the mortgage into my own name and gotten a new car loan, basically eliminating any "liability" on my ex. My ex got his truck in the divorce(financed while marri...

    Nicholas’s Answer

    A hold harmless provision simply creates an obligation that runs solely between the spouses. For example, the car loan lender can come after you for satisfaction of the debt if incurred during the marriage even if the debt was assigned to your ex in the divorce. You then, because of the hold harmless language, can seek enforcement of the hold harmless against the ex-spouse. The divorce judgment cannot and does not effect the rights of third-party creditors.

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  • What are my options to get my soon to be ex out of our house?

    I filed in Nov. 2014. We did not get temporary orders as my husband told his attorney we were working out the details and didn't need them. Since then, he has pushed back our pre-trial date twice, the most recent being moved from 4/20 to 7/29. ...

    Nicholas’s Answer

    If you do not have a lawyer, hire one. If you do have a lawyer, communicate your concerns to the lawyer and ask the lawyer to file for a temporary order hearing to address the spouse vacating the residence.

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  • My husband of 28 years met a woman on a dating website. He may leave me for her, but I don't know. What do I do to protect me?

    He has told me all because he was caught. He sent her a picture of his penis and now I think still contacts her. He says he loves her and me. I do not have financial security and he has the money. I am 68 and hot able to work at most work because ...

    Nicholas’s Answer

    You can try marriage counseling, but that requires the commitment of both spouses. If you are looking for a way to protect your interest in property and for ongoing financial support, you would need to file for divorce or legal separation.

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  • Financial obligations to college age children

    My ex-husband is requesting child support from me for our minor child but I am solely responsible for our older daughter that is currently in college. We share 50/50 placement of the minor but he refuses to have any contact with our older daughter...

    Nicholas’s Answer

    You can request the Court deviate from the child support guidlines, that is, reduce your support because of your payments on other matters. However, the Court is required to presume the support guidelines is appropritate. As you correctly stated that he is not responsible for your adult child, but you also are not (legally) responsible for supporting the adult; however, both parties have an ongoing obligation to support the minor child. That said, Judges are human beings who, in most instances, understand that circumstances may warrant a departure from a robotic application of the child support formula/guidelines. Consult an experienes family law attorney in your area for an assessment of your case. I hope this helps.

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  • What type of papers should my friend get for a divorce with no kids????

    I posted something earlier today about a divorce with kids that are not his. So what type of divorce papers should he get??? She's not fighting it and is willing to sign them and she's in a different state. Plz help. My number is 608 213 4877. Im ...

    Nicholas’s Answer

    If you have no interest in, or the finances to obtain a lawyer, go to

    http://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=&beg_date=&end_date=&StatuteCite=&Category=55&SubCat=Pre-judgment

    This is the Wisconsin Circuit Court form website, which contains useful information for pro se family law litigants. However, as suggested by the earlier post, retaining an attorney is the best course of action.

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  • Question about Right of First Refusal

    For my court order with my ex, I have right of first refusal. If my ex decides not to ask me to take my kid so he can go out partying, and I find out about it, what can I do? I want to know exactly what to do for when I find out about it happening.

    Nicholas’s Answer

    In Wisconsin, you would have to file a motion for enforcement of the judgment. This can be done either by filing an Enforcement of Physical Placement Motion with the Court (wherein you can ask for various types of relief including a finding of contempt) or a Contempt Motion. Contact an experienced family law attorney in your area for further information.

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  • Questions about Visitation Schedules and alternating weekends

    My question is about my daughter's father leaving our child with me on his visitation weekends. When we went to court I wanted right of first refusal and have alternating weekends. Now, it seems that whenever a Friday comes along, he wants to go o...

    Nicholas’s Answer

    It is important to distinguish between "legal custody" and "physical placement", as opposed to "full custody". Legal custody simply refers to a parents ability to make major decisions for a child. Custody can be either "joint" or "sole". In joint custody, both parents have equal decision making authority and must agree on major decisions for the child. Placement, on the other hand, refers to when and for how long the child is supposed to be with a particular parent (or in some cases, a thrid party). If you only have periods of physical placement (secondary placement) on every-other-weekend, you having additional days with the child on father's weekends could constitute a substantial change in circumstances warranting a revision of the current placement schedule. Keep good notes of the times you are having placement with the child on dad's days and consult an experienced family law in your area for an assessment on if and when a modification motion is appropriate. However, unless there are either domestic violence issues or some other substantial impediment to the exercise of joint legal custody between the parties, the court must presume that "joint" legal custody is in the best interests of the child. What you may be looking for is a modification of placement, rather than an award of sole custody. I hope this helps.

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  • When deciding child support and spousal maintenance, does the judge consider average past incomes of the couple through the ...

    marriage or current income of both parties ?

    Nicholas’s Answer

    Current, but past incomes of the parties may be relevant to the Court in considering what each party is capable of earning or showing that current earnings are artificially inflated or deflated as a result of some sort of event.

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  • Is money taken out of an IRA subject to child support

    I was divorced in 2013 and we had a CPA file both our taxes that year per court order. I gave the CPA the 1099R for the money I took out of my IRA. I reported this as income to the IRS but is this subject like normal income would be for child su...

    Nicholas’s Answer

    A one time distribution from an IRA, 401(k) or other deferred compensation account is not likely to be treated by a Court as "income" available for purposes of establishing a child support payment obligation amount. However, frequent and consistent distributions from a deferred compensation account can result in the Court including the distributions as income available for support. This "double counting" (that is counting the account as an asset divisible by the Court in divorce, as well as an income stream for purposes of support/maintenance calculations) is permissible under Wisconsin Law. For example, ex has a pension awarded to him in the divorce action that is not in payment status and he is also paying child support. Two years after divorce, ex retires and starts drawing income from the pension. In this instance the Court will use the ex's income from the pension and other sources of income, if any, for calculating his child support obligation. I hope this helps.

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  • My Ex husband and I have joint custody but I have primary placement. I want to claim every year divorce paper says every other.

    I would like to claim every year but Court ordered every other. Will this change without going back to court.

    Nicholas’s Answer

    The allocation of the tax dependency exemption between the parties is in the nature of child support. As such, you will need to show a substantial change in circumstances since entry of the last child support order (not very difficult in most cases). However, unless there is a good reason to award one party the dependency claim every year (such as the other party has little to no taxable income), courts generally order the parties alternate claiming the child (in cases of one child). You should consult an experienced family law attorney in your area for analysis of the strengths and weakness of the request you wish to advance. I hope this helps.

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