R. S. Missimer’s Answers

R. S. Missimer

Elkhorn Family Law Attorney.

Contributor Level 16
  1. Can a petitioner violate a restraining order by contacting the respondent after a TRO or injunction has been issued?

    Answered 10 months ago.

    1. R. S. Missimer
    2. Brian Cullen
    2 lawyer answers

    TROs and Restraining Orders are against only one person the Respondent. The Petitioner has not been ordered to have no contact (unless there is a second restraining order against them. Mutual restraining orders are not uncommon. BUT... If the petitioner makes first contact, and is the aggressor in any form, the court is not likely to charge the Respondent with a violation. Every county is different, so try not to go there, ok.

    9 lawyers agreed with this answer

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  2. My wife owns a small business and wants a divorce

    Answered over 1 year ago.

    1. Tajara Dommershausen
    2. Jane E Probst
    3. R. S. Missimer
    4. Jeffrey W. Jensen
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    I practice in Rock. There a lot of how you move forward will depend on the judge you have. Normally you have the right of formal discovery but some Rock judges won't support it. In the Pre-trial hearing the court will allow you to ask for appraisals using Beloit Action. I suggest you do so. They will put dollar amounts to the business and personal property. If the business isn't bring in anything it might be hard to do much beyond that. If it is then the value would be (usually) 8...

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  3. How do I add a car to a marital separation agreement post divorce?

    Answered 11 months ago.

    1. R. S. Missimer
    2. Jason Todd Studinski
    3. Christopher J. MacGillis
    4. Amy Boettcher
    4 lawyer answers

    Wow, that would be difficult. If you have an AGREEMENT that you ex is willing to sign then submit it as a addm to the MSA as a stipulation. If he is not willing to sign it (and why would he be), then you would need to reopen the case. If it was not done by one of you lying to the court, then there is no fraud, and a reopen three(3) years later might be hard. Even if you sign an agreement you names would still be on the lease. That will not be removed retro active to the accident....

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  4. What are the rules (legal or unstated) on writing directly to your judge during a divorce trial in Wisconsin?

    Answered 11 months ago.

    1. R. S. Missimer
    2. Jason Todd Studinski
    3. David S. Kowalski
    4. Christopher J. MacGillis
    4 lawyer answers

    Legally it is only exparte if she hasn't mailed you a copy. You can respond to her comments which is probably what I would do. But the judge would have likely heard it in court anyway. They are better at discounting it then you might think. Further, the clerk for the judge gets it first, and usually they keep it from making the file. So, either respond to it (and copy the wife), or just let it go. Those are you choices.

    6 lawyers agreed with this answer

  5. Is it normal for a GAL to communicate with one party regularly but not return calls or emails even once to the other party?

    Answered almost 2 years ago.

    1. R. S. Missimer
    2. Tajara Dommershausen
    2 lawyer answers

    One of the reasons you hire a local attorney is that they know the GALs that work for the county. When these GALs are assigned you have a shot period of time to ask for a substitution. They will knos who to substitute on. It is part of what they do. To your question YES, I have seen this happen before, it can be a bad thing, but usually does not happen when you are represented. On the other hand you may be coming off badly if you are not represented. It is very hard to...

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  6. Can my sons dad be found in contempt of court for not buying him a winter jacket and boots?

    Answered almost 3 years ago.

    1. R. S. Missimer
    2. Tajara Dommershausen
    3. Jason Charles Kohlmeyer
    3 lawyer answers

    To me the winter coat is a CHIPs issue. Call social services.

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  7. If I get sole custody/placement of my child, do I still collect child support?

    Answered 10 months ago.

    1. R. S. Missimer
    2. Jane E Probst
    3. Jeffrey W. Jensen
    4. David S. Kowalski
    5. Robert J Adams Jr.
    6. ···
    6 lawyer answers

    Child support is determined using DCF150. If you search "WI DCF150" you will be able to review the guidelines for yourself, but... If he has less than 25% placement then you have Primary Placement and that means with one child you receive 17%, for two children it is 25%, three children it is 29%...

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  8. Do I have to go to my exes house to see my child? They are refusing to meet me in public but I'm protecting myself

    Answered 11 months ago.

    1. R. S. Missimer
    2. James CW Bock
    3. Amy Boettcher
    3 lawyer answers

    To answer this question will require LOTS more information. Use of They and We isn't clear because it could include outside agencies. You should probably seek legal counsel to have a back and forth across a desk. Bring with you every document you have. IT IS REQUIRED BY LAW TO OBEY COURT ORDERS. So the following is for discussion purposes only. I am not suggesting that one should break a court order. But for the seek of taking a shot at this... Assuming there are no outside...

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  9. We currently have shared placement. I moved (75 miles away). Who files order to modify placement?

    Answered 11 months ago.

    1. R. S. Missimer
    2. James CW Bock
    2 lawyer answers

    Either of you can file. But you should because... You would file a Motion to Modify placement, which is substantially less threatening, and more direct to solve the placement issue. If he filed he would likely file a Motion for Contempt when your move interfered with his placement, which would put you under attack, and place you in threat of jail time. You would file it with the FCC, they are generally good about getting it heard timely. They will also modify the temporary placement...

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  10. Can I be "arrested" at an Initial Appearance and have to post a bond to get out of jail???

    Answered over 1 year ago.

    1. R. S. Missimer
    2. Jeffrey J. Szczewski
    3. Jane E Probst
    3 lawyer answers

    You should have a plan in case. You would be taken into custody if they set bond and you can't pay it. They may take you into custody for a short burst dependant on how your county handles these things. The criminal complaint should say if it is a misdemeanor or felony. That will have some risk difference. The bottomline is that you should contact the State Public Defender's office and see if they would represent you. The likelihood is they will not, but they will be willing to tell...

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