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Teri M. Nelson
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Teri Nelson’s Answers

870 total


  • Before divorce child custody/placement question

    I'm a dad of a young child and recently got paperwork from my wife for a divorce action. She has told me that I can only see my son during every other weekend. I have contested this (I think we should have shared 50/50 placement). She gave him ...

    Teri’s Answer

    You need to hire an experienced divorce attorney right away and request a temporary placement schedule which will be in effect during the pendency of your divorce action!

    However, with that said, neither parent has superior rights to the other over a child. If she believes so, then you need to ask her which law or statute gives her that right (there is none). The only criminal offense in this situation is concealing the whereabouts of a child which you appear to not have done. You are not breaking the law.

    On the other hand, you also do not want to put your child in the middle of a horrible game of tug-o-war. The best option is to try to reach an agreement. If you both have attorneys, this is much more likely and would be the best scenario for your son. "Counting days" is not necessarily the best way to come up with a schedule which is going to be in his best interests. Experienced family law practitioners are well versed in various options for placement schedules and can assist you with this.

    Good luck to you.

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  • Right after I got engaged I hear that my fiance is gay, he denies it, but I believe it is true, do I have to give the ring back?

    After we got engaged I found out his friend he went to visit in March for 2 weeks was gay, when he said he was married, this same gay friend came to visit him for the holidays, which I never knew about. His co workers say he is gay, where his mom ...

    Teri’s Answer

    Actually, Attorney Shaha is incorrect. An engagement ring is a "conditional" gift and the condition is the marriage. If the marriage does not occur, for whatever reason, you must give it back. There is established case law both in Wisconsin and throughout the United States on this issue.

    I am sorry you are going through this and it seems very unfair but the ring is his until you are actually married. Good luck to you.

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  • How to prove my spouses true income

    In our divorce papers it stated that my ex spouse pay me 22.6% above his base income of 70000$per year as a professor in elec. engineering. He receives incentives and does extra work plus per students in class. For the last few years he made aro...

    Teri’s Answer

    There are many options available to you: formal discovery, court orders, etc. Often in these situations, I simply send a subpoena directly to his employer. You should consult with an experienced family law attorney to discuss all of your options and what to do in the event he has failed to pay what he owes. Our office practices in Ozaukee county and we offer free initial office consultations. If you are interested, please call 414-258-1644 to schedule an appointment.

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  • My sons mother and I are going through placement proceedings for primary placement and her lawyer has requested documents.

    These documents that have been requested are copies of my tax returns for the last 2 years as well as pay stubs for the last 2 months. There is also a lengthy list of interrogation questions I am to fill out. We were never married and there is no ...

    Teri’s Answer

    Income information is highly relevant in placement proceedings because any change of placement can result in a change of child support. A person's general economic circumstances is also a relevant factor when addressing child support. The statutes require an exchange of income information upon request and the production of tax returns if requested. I am afraid you must comply with these discovery requests.

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  • Does my father in law's girlfriend have any legal rights to see my children?

    My in laws recently divorced and my father in law wants to see his grandchildren, which we have never said that he was unable to do. We have only asked that he not include his girlfriend. If they end up getting married, do we as parents, have th...

    Teri’s Answer

    • Selected as best answer

    You, as parents, have the right to make all decisions regarding your children, including this one. I would note that your father-in-law could only petition for grandparent visitation if there is an underlying divorce or paternity action. Besides that, he must abide by your decisions if he wants to see his grandchildren.

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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...

    Teri’s Answer

    Whether to stay in your marriage or file for divorce is an emotional and personal decision, not a legal decision. If you are wondering about the legal process and how a divorce may affect you and your children, you should consult with an attorney. Our office offers free initial consultations for this purpose. If you are interested, call us at 414-258-1644 to schedule an appointment. Good luck to you either way.

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  • How long do you have to wait to remarry after an annulment in the state of Wisconsin?

    If you get an annulment instead of a divorce, how long you can wait before you can get remarried in Wisconsin? I know a after a divorce you have to wait 6 months but what about after an annulment?

    Teri’s Answer

    There would be no restrictions as an annulment voids the marriage as if it never existed. However, it is extremely difficult to obtain an annulment in Wisconsin and the grounds are very limited.

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  • Does my business partners wife have a right to half of our business during divorce?

    The business was started before his marriage

    Teri’s Answer

    She doesn't necessarily have the right to 1/2 of the business but the VALUE of your partner's interest (1/2) is included in the division of the property in the divorce. Depending on the nature of this business, this could be very little or a substantial amount. I have yet to see a court hand over a interest in a business to the non-owning spouse so you have little to worry about there. The court is unlikely to make you into an involuntary business partner with his ex-wife, if that is your concern. However, the valuation process could have an impact on you in that the business records must be produced and any valuation could have other implications for you and the business.

    Tell your partner to retain an experienced divorce attorney to best protect him, and by extension you, in the divorce. You should also both retain a corporate attorney, if you don't have one, to discuss all other options to protect your business.

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  • I want to leave my husband and take my two children to my parents home 4 hours away but still within the state. Is that legal?

    I am in an emotionally abusive relationship and want a divorce. My husband is much older than I am and is very controlling. I have two young children and want to take them with me to live with my parents a few hours away in another part of Wisco...

    Teri’s Answer

    I agree with Attorney Kennedy. However, if it is your intent to move and not tell your husband where you are, you should know that it is also a crime to conceal the whereabouts of your children from their parent. This could be considered kidnapping and subject you to criminal charges and stiff penalties. Your best bet is to consult an experienced divorce attorney before you make any decisions and formulate a reasonable exit plan which protects you and your children.

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  • I am currently paying child support on two children with 2 different mothers. I am glad to pay the child support.

    The total I owe due to the interest is over $50,000. Is there a way in the state of WI to reduce the interest as that is not going to the childen and one of the mothers drop the child support all together and I still owe 13000 in interest for that.

    Teri’s Answer

    The court cannot retroactively reduce support or interest. The only way to do that is by agreement with either the mother or the State of Wisconsin.

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