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R. S. Missimer

R. Missimer’s Answers

1,534 total

  • I lied to my boyfriend p.o

    I lied to my boyfriend p.o cause I was mad at him. But I didn't write a statement nd there's no police reports will she still send him back to jail

    R.’s Answer

    POs are a part of agency law, and not really the court or attorneys. So, the rules they play by and not statutes they are agency law made up by their agency, and often officers.

    So, all bets are off.

    Can she send him back to jail without a police report. YES.
    Will you recanting your statement help, not necessarily.

    Maybe you should just call the PO and talk to them, and try to work it out.

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  • At age 15 can you decide which parent to live with?

    I'm turning 15 in two weeks. My parents got divorced when I was 9. It started out where I lived with my dad every other weekend and with my mom the rest of the time. My dad convinced me to live with him every other week, and when I did, I regrette...

    R.’s Answer

    It still requires the parents to agree or have a trial on the issue. The minor children are only heard from by the GAL, who is not required to make that testimony to the court.

    GAL's represent the best interest of the child, not the child themselves.

    So, rarely do the kids actually have a day in court. But if they do it would be the absolute last hearing/trial.

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  • How do I get my ex husband to give the kids more to me and pay during mediation?

    I cant afford an ad gaurdian lidem . I cant afford to miss work. I don't want to put the children through anymore drama. Thanks

    R.’s Answer

    I had an instructor tell me that this is like playing chicken, or like buying a new car.
    The more attached to the new car you are the more you will pay, because if you are not willing to just walk away from the purchase, they will have no reason to negotiate. If you do walk, then they will reduce the price just to keep you talking.
    In divorce circles that means... If you are not willing to go to war, then you have likely already lost.

    All they have to do is continue to spend the money fighting and you will eventually lose because you will not be prepared to win at trial.

    So, if you really do not want to spend the money, cut your best deal and suffer with it good or bad.

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  • I signed separation agreement and had to relocate for a funeral and was not notified of expedited hearing.

    Wife was in a hurry to also move out of State and pushed for sooner hearing. It was granted and I was not notified thus resulting in automatic judgment. Settlement was 95% hers including house and 4 cars. I received 1 car, clothes and support paym...

    R.’s Answer

    Appeals are done on abuse of discretion, and that would not be the case here.
    But more likely you would want to do a reopen. That way you could resolve the issues and correct the judgment.
    Either way you will need a local attorney to help you. These are not issues you take on alone.

    By the way, the court will hold you responsible for updating your address, and you should always notify the court of any extreme circumstances such as a funeral. They would have been more willing to jump in and help here if you gave them notice. Lastly, if you had an attorney the court would have been contacting them instead. So, they could have kept this from happening.

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  • In a divorce, when you get joint custody and joint placement, is the child support split 50/50? Or is another formula used?

    In the settlemt we are on a two week on two week off arrangement I agreed to pay full child support in lieu of maintenance although I have had my kids > than 50% of the time. She is now remarried and is it worth going back to level the child support?

    R.’s Answer

    That depends on how the order was done. If you signed a marital settlement agreement and the MSA did not say anything about CS for maintenance then you are probably stuck. If this order was created after a trial and the court made that finding and order that is a complete different issue.

    You will have to take this up with a local attorney. When you see them be sure to take the FoF, CoL, and JoD along with a MSA if there was one.

    If you signed an agreement and the potential was not laid out then she can probably hold you to CS because you agreed to it. If it was just an order of the court then search for "WI DCF 150" and it will explain how much should really be ordered. Then you just file for modification.

    Either way it would be best for you to get a free consultation by a local attorney before you proceed.

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  • Can I take my ex back to court to get her to pay half of medical expenses, tuition, etc?

    I am divorced and I have sole legal custody and full placement of my 4 children. 10 months ago the court ordered my ex to start paying me child support for our 4 kids. She has not made one payment which has been difficult to say the least. She cla...

    R.’s Answer

    I would suggest that you counteract child support enforcement in your county. They will tell you how close they are to filing a case with the circuit court. If they do it, then it is likely the court will order jail, and stay it if she behaves. If you do it, it will cost you money and there is a chance the court will not push as hard.

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  • Can i kick my daughter out oof my house when she 18 years old

    BEACUSE she is taking my things out my house

    R.’s Answer

    Yes, but there is usually more involved.

    The police may say you need to file an eviction because this was her residence for so long.

    So, I think it would be easier if you file a restraining order. It is more immediate and Theft is covered in the Wisconsin restraining order statutes. Contact your Dane county clerk of courts to obtain a packet for doing so.

    You should probably talk to a local attorney and get their spin on how to proceed.

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  • In Wisconsin, you can get married when you turn 16 with your mother's permission.

    If my mother isnt my legal guardian does this still apply?

    R.’s Answer

    I believe 13 is the technical limit to age.

    Normally, you need both custodial parents (assuming they both have legal custody).

    Legal guardians usually do not have the ability to grant without a court hearing on the matter. That will generally mean they need the GAL's input.

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  • Can mother be found in contempt if repeated & blatant violations of joint custody provisions occur?

    Repeated violations occur such as failing to include me in decisions of health care & schooling, and other major joint custody issues. Schedules dr appts on days and times that prevent me from participating,

    R.’s Answer

    Actually you only need one violation to file. So, the more the you have makes it even better.

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  • Can I sue Child Protective Services for taking my children because I was in poverty

    My husband was getting arrested and Child Protective Services came... The judge determine that they took my kids because I as a mother was in poverty

    R.’s Answer

    No you would be suing them for doing (what in their opinion is) their job.

    The agency would be imune, as would the individuals even if they were wrong in their interpretation.

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