Nicholas C. Zales’s Answers

Nicholas C. Zales

Milwaukee Litigation Lawyer.

Contributor Level 13
  1. Will I be able to claim the money I invested in a building placed on my fiance's property? Dollar amount approx $27,000.

    Answered almost 2 years ago.

    1. Nicholas C. Zales
    2. Charles K. Kenyon Jr.
    3. Benjamin James Harris
    3 lawyer answers

    You may have a claim under the doctrine of unjust enrichment. As well explained by this web site, you need not have a contract or paperwork, although it would surely help. Pay close attention to the three-part test below. <<<A general equitable principle that no person should be allowed to profit at another's expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained. Although the unjust...

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  2. I have 50/50 Joint legal and physical custody with my ex.

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Nicholas C. Zales
    3. Jeffrey W. Jensen
    3 lawyer answers

    I dealt with this same situation last year and we were able to stop the counseling before it began. She probably is in contempt for (1) not giving you notice and (2) taking them to counseling without your permission. Find a local family law attorney and discuss this matter with them. Don't wait or things will only get worse.

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  3. Can smell apartment neighbor's smoke through walls

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Brandy Ann Peeples
    3. Charles K. Kenyon Jr.
    3 lawyer answers

    First ask your landlord to seal up those holes. Smoke cannot just go through a wall. It needs someplace to go from their apartment to yours. This is a reasonable request as it is affecting your rights to enjoy your apartment free of smoke.

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  4. I have split placement and joint coustody of my 2 children i have them 50 percent of the time but i still pay child support?

    Answered over 1 year ago.

    1. Nicholas C. Zales
    1 lawyer answer

    Under the shared placement formula a disparity in income is causing you to pay child support even though you share placement 50-50. You can always seek review of the child support order if you or your ex's income change in a substantial way.

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  5. If I've recieved a favorable decision from the state ADA investigater do I have a winning case

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Gordon R. Leech
    3. Randy T. Enochs
    3 lawyer answers

    While that is a big plus it is no guarantee of winning in court. There are many variables such as which court system, state or federal, your case is in. Also important are the judge, who will rule on motions and the jury, if you get that far. Then, of course, there is the possibility of an appeal. A good lawyer will analyse your case and give you a better idea of your chances. Even then it is still an educated guess. But a favorable decision is surely better than an adverse one. So good luck!

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  6. If I own a HVAC company and I sub-contract out my work. Can I pay the subcontractors to display my adds on there vehicles.

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Teresa K. Kobelt
    3. Jason Todd Studinski
    4. Eric J Camm
    4 lawyer answers

    What constitutes an "employee" versus a "subcontractor" requires an in-depth legal analysis of a number of factors. You may well be correct. Good luck. Take a look at what the IRS has to say about it. http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-(Self-Employed)-or-Employee%3F

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  7. How do I write answers to a summons? I don't know how to write it in Chapter 802 Wisconsin Statue.

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Jason Todd Studinski
    2 lawyer answers

    You answer each paragraph by writing down the number of the paragraph in the Complaint and writing "admit," deny" or "lack sufficient information to admit or deny and therefore put the plaintiff to it's proof. However, there may be affirmative defenses you have and a potential counterclaim. You would want to plead those too. If you want to try and save your house or to refinance your mortgage, get the help of an attorney. I do mortgage foreclosure defense. There may be defenses that you are...

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  8. Going thru a divorce. Need some advise and counsel.

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Jane E Probst
    3. Jeffrey W. Jensen
    4. David Alexander Browde
    4 lawyer answers

    You may do as well by yourself as with an attorney. It all depends upon which court commissioner you draw and how well you are able to speak for yourself. My advice is to retain an attorney because temporary orders can often become permanent ones. Temporary orders are very important. If your husband obtains full custody and placement, he may well ask you for child support.

    4 lawyers agreed with this answer

  9. Does the judge agree with the da and probation officer when sentence

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Jason Todd Studinski
    2 lawyer answers

    Some judges usually agree with a DA's recommendations, others do not. Judges are free to impose a sentence as they see fit. They are not bound by anyone's recommendations. However, they often give great weight to a DA's recommendation unless the defendant shows why that would be unfair.

    4 lawyers agreed with this answer

  10. Is it possible to stop paying maintenance support if the wife inherits over a million dollars before the divorce is final?

    Answered over 1 year ago.

    1. Nicholas C. Zales
    2. Frank M. Cappozzo
    2 lawyer answers

    Definitely. The purpose of maintenance is to allow a spouse to enjoy the kind of lifestyle they had during the marriage. If she is inheriting that kind of money she has no need for maintenance. be sure and talk to an attorney so you get your way in court.

    4 lawyers agreed with this answer