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Diane L. Mader

Diane Mader’s Answers

133 total


  • What would you do when your x wife does not take her stuff?

    the judge gave her everything and yet she did not took it and i moved from a state to an other so i was obliged to ship it with my stuff and i m tired doing that so i m wondering if i can sell it all cause she will never take it and i m building a...

    Diane’s Answer

    Does the divorce judgment have a deadline by which she must remove her stuff? That is the first thing to check.

    If there is no deadline in the divorce judgment, I suggest you try, in writing, to get your former spouse to state that she doesn't want the stuff and give you permission to dispose of it.

    Disclaimer: This is not legal advice. Answering the question does not create an attorney client relationship.

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  • How do I get my child support reviewed?

    I am a single mom of two. Dad pays child support but it hasn't increased since we put the parenting plan in motion (three years). I would like it to be reviewed since I pay higher rent now, utilities etc etc. How do I go about doing so? Also he do...

    Diane’s Answer

    You will probably need to file a motion to review the child support order. The best way to file such a motion is with the help of an experienced attorney.

    If your former spouse is not following the parenting plan, mediation should be the first step. You say he refuses to do a mediation. Does your divorce judgment require you both to participate in mediation before going to Court? If not, you may have no choice but to bring on a motion to enforce the parenting plan. Again, the best way to do that is with the help of an experienced divorce or family law attorney.

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  • My ex.husband owes me alot of money. How do I go about getting it without having to retain a lawyer? I live in MI.

    My ex owes me money ordered by the judge,. I have yet to receive it. He has moved out of state, and refuses to tell me where he lives or works. I do have his SS # and would like to garnish his wages so I can get my money. But I would hate to retai...

    Diane’s Answer

    I think you will need the help of a lawyer to collect what is due you. An attorney will have ideas about how to go about finding your former spouse and getting the order you will need to garnish his wages. It is possible that your former spouse could be ordered to contribute to the cost of your attorney fees. But even if that doesn't happen, you are not in a good position to collect this money without the assistance of an experienced attorney.

    Disclaimer. Answering this question does not create an attorney client relationship. It is not legal advice.

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  • How long do I have to wait to get rid of my ex husband's personal belongings?

    My divorce was final on Nov. 20th 2009 and per court orders my ex husband had 60 days to remove his property from my house. His time has expired and he has not come to get his stuff. He contacted me and I told him I would give him until the firs...

    Diane’s Answer

    It sounds like your divorce judgment including a deadline for your former husband to remove his things and he didn't comply with the deadline. I think the safest thing for you to do now is notify him in writing of your intention to dispose of his belongings and save a copy of the notice.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • How long does an ex-spouse have to take personal effects from former domicile?

    My ex wife moved out two years ago, and we have been legally divorced for almost a year. She has no ownership interest in the house i live in. On several occasions she has come in and taken things that at best were our joint property. Does she hav...

    Diane’s Answer

    Usually the final divorce judgment states who is awarded what personal property. It also usually sets a deadline for the exchange of any personal property that still needs to take place.

    So, first you should look at what your divorce judgment says about personal property and household furnishings.

    If the divorce judgment doesn't say anything about household furnishings, you should talk with your former spouse and try to come to an agreement about what more, if anything, she wants from the house and set a deadline for the removal of whatever you both can agree on.

    Disclaimer: Answering this questions does not create an attorney client relationship. It is not legal advice.

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  • How long does an ex-spouse have to satisfy a court ordered dispersal of 50% OF A 401-K

    I was divorced 14 years ago. The judge awarded me 50% of my ex's 401-k. He was fired shortly after, and received the 401-k in full. He has not paid me the 50% in full, paying only around $1000.00 of the $4000.00 given to me. Is it to late to colle...

    Diane’s Answer

    You need the advice of a local divorce attorney. In Wisconsin, it would not be too late to collect this award. I cannot say if the law in Washington is the same. A local attorney can advise you and help you collect the money due you if it is not too late.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • The court ordered my ex to receive 50% of my 401k but i cashed it out to pay bills. Now they say i owe him the money.

    My divorce was final July 2007. In sept 2006 i was desparate for money and i cashed out the 401k that was in my name with my work to pay bills. The divorce was finalized in july 2007 and stated the ex was to get 50% of said 401K and my pension. Th...

    Diane’s Answer

    This is a very serious situation. You should get an attorney as soon as possible. The ramifications of violating a Court Order are many and potentially serious. You need an experienced divorce attorney to advise you of your options.

    Disclaimer: This answer does not create an attorney client relationship. It is not legal advice.

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  • I am getting a divorce. Should I cash out a simple IRA to pay for the divorce and living expenses?

    I have a small amount in a simple IRA, less than $5000. The divorce retainer will be $3-5K. I am changing jobs and my new employer will match my contribution, $2 for every $1 I contribute. I also need to find a home, probably a rental, for me a...

    Diane’s Answer

    I would add to what Attorney Hayek said that if the divorce has been filed, it could be that cashing in the IRA will violate any restraining order already in effect. While you are interviewing attorneys, ask that question before you do the cash out.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • Divorced and have kids. Ex has visits. asked court to change visitations. What do I do next?

    I have three children with my ex. I have full custody and he has visits. One visit, he was drunk for the entire time. Emotionally abused kids, and failed to provide care for them. I filed order to alter visits. I want supervised visits until he ca...

    Diane’s Answer

    It will be difficult for you to make your case without legal representation. You asked in your follow up question whether witnesses can appear by telephone. They can, if the Court gives them permission to do so in advance. So, if you are representing yourself, you would need to write the Court and ask for permission before the hearing. If permission is denied, your witnesses will have to appear in person.

    It is impossible to tell you how to put together your case for the Judge. The best interests of your children are at risk. You need to convince the Judge through legally acceptable evidence that your children's father cannot provide safe supervision during placement. You will need testimony from people who have first hand knowledge - not hearsay information - about his drinking. Having a trial is not like telling your story. The Rules of Evidence control what a Judge will and will not allow you to put into evidence.

    Try to find a way to get legal representation.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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  • My Husband and I are getting divorced for the second time. Do I have any rights to the house?

    we were married for 6 years the first time. During the divorce process our house had a fire. I receive a small lump sum for the house. We were together again right after the divorce. We lived together for 13 years and then got remarried 2 years ag...

    Diane’s Answer

    You need representation in this divorce to protect your rights. You should immediately interview local experienced divorce attorneys and hire the one you believe is right for you.

    In general to your question: Wisconsin is a marital property state. Property brought to or acquired during the marriage, with some exceptions, is considered marital and to be divided equally. However, I cannot give you legal advice and there are many exceptions to the rules. Again, please get legal help as soon as possible.

    Disclaimer: Answering this question does not create an attorney client relationship. It is not legal advice.

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