R. S. Missimer’s Answers

R. S. Missimer

Elkhorn Family Law Attorney.

Contributor Level 16
  1. My ex wife foreclosed on the house that was in my name after the court awarded her the house in the divorce.

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Anneshia Miller Grant
    2 lawyer answers

    I usually include in those paragraphs something that provides you maintenance if she defaults on debt and it impacts you in some way. If you can get the court to award you the money you need to pay the mortgage then you won't have the problem. Otherwise, you can ask for the increased cost of all the loans and damages, but it is hard to prove without experts. Kind of good money after bad. You will probably want toseek a free consultation with a local attorney both family and bankruptcy....

    4 lawyers agreed with this answer

  2. After 17 years, can my mother legally dispose of my father's tools without worry of him filing suit?

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Teri M. Nelson
    3. Gregg E. Bridge
    3 lawyer answers

    Actually the tools are hers to do what she will with them. When a divorce is final it is expected by the court that each party has already gotten what they have comming to them. If not it must be specifically written out what it is and when it must be obtained by. After that, each owns what is in their possession. The exception of course is titled items like cars, motorcycles, and land... So, if he has had 17 years to get it and he hasn't that is just too bad. Besides he would have...

    4 lawyers agreed with this answer

  3. My former spouse is another "Jodi Arias" what are her chances of taking my kids out of state?

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Gregg E. Bridge
    3. Jay Bodzin
    3 lawyer answers

    The chances are just that chances. One improves his chances of having the children stay here when here is the status quo. The court loves status quo. So, if you were (let's say) currently a 50/50 placement spouse that is living in the same school district, and staying on top of their school, freinds and activities (as is she), then there is a relatively low chance that her moving would cause the court to change the statuts quo. On the otherhand, if you live 100 miles away, and only see...

    4 lawyers agreed with this answer

  4. Is there a form to file with the courts when a 14 year old does not want to live with his mother anymore?

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Jane E Probst
    2 lawyer answers

    The unsaid portion here is that the Father has to file to modify, and unless he is willing to go the distance the child's opinion will never be heard. That is because the parents do all the talking until this becomes a trial matter. By that time a LOT of money has been spent. A GAL is assigned and then maybe (and I do mean maybe) the child will have some input. That does not mean the child will be heard, but if the GAL is convinced the child is asking for the right things for the right...

    4 lawyers agreed with this answer

  5. I got divorced and i have placement of our minor children and i would like to move do i have to get permission to do so?

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Jeffrey W. Jensen
    2 lawyer answers

    The statute says 150miles or out of state. So, you do not have to ask the courts permission if it is within 150miles and within the state. BUT... if it interferes with his placement, then sometimes it is just better to grab the court by the gavel and let everyone know what you are intending. Better than having a placement battle later over an optional move (assuming it is otional.

    4 lawyers agreed with this answer

  6. Is my ex-wife guilty of child support fraud? If it were welfare she would definitely be guilty of welfare fraud.

    Answered over 1 year ago.

    1. R. S. Missimer
    1 lawyer answer

    Crime, NO. Contempt, maybe. Bad judgment, certainly. Joint custody has nothing to do with placement. What is the placement arrangement? Child support is for the child but goes to the custodian of the child, and the case states that if it improves the quality of life of the household, that is good enough. The court is not going to try to figure out what mom is doing with the money, unless she has a $500/day drug habit. That path will not pan out for you. You are far better filing...

    4 lawyers agreed with this answer

  7. Can I hold my daughter from my ex husband if I know she is in a dangerous situation and we have joint custody?

    Answered over 1 year ago.

    1. R. S. Missimer
    1 lawyer answer

    The statutes do allow for holding the child back is they are in physical or mental danger, but it would be best to file for an emergency hearing, or better yet file for a restraining order for the adult that did do what was said. You will need more than a feeling, you will also need a very good lawyer to avoid being held in contempt for failure to provide placement. Talk to a local attorney before acting on this.

    4 lawyers agreed with this answer

  8. In a Divorce case in WI can a person ask of a new judge after 2 years of contesting

    Answered over 1 year ago.

    1. R. S. Missimer
    1 lawyer answer

    substitution is limited to the initial notice of the judge assigned to a case. So, if you are in a county with just one judge, and you miss your chance, you miss it forever. Just as if you use you one substitution and later you want to substitute again, you can't. As for whether to submit a motion to the commissioner or the judge, most counties have rules that control that issue. The exception is if you are already in front of a judge on one motion, then filing anything else is in...

    4 lawyers agreed with this answer

  9. Who can claim minor child on taxes?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. R. S. Missimer
    3. Christopher Michael Larson
    3 lawyer answers

    The answer depends on who you ask. The IRS only cares about form 8332. Without it, one does get in trouble with the IRS. The court only cares about its order. So, for them to care otherwise, you have to go back to court. The other parent will keep doing what the court order says because they have the court on their side. So, that seems to say that the other parents will get them until the court orders otherwise.

    4 lawyers agreed with this answer

  10. 3 months after divorce was granted by court, how do I get my ex-wife's lawyer to file her papers to close divorce case?

    Answered about 1 year ago.

    1. R. S. Missimer
    2. Teri M. Nelson
    3. Reid A Seino
    3 lawyer answers

    It depends on what paperwork you are talking about. MSA ? or Judgment for Divorce, or Divorce filing for the WI State Registrar ? Judgment for Divorce your attorney can file, just as easy. Registrar paperwork too. If the MSA has not been filed even though signed that is a bigger problem. You can file a Motion for Contempt for failure to file. If you draft it and send it to her attorney they will likely do the right thing and act on it.

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