R. S. Missimer’s Answers

R. S. Missimer

Elkhorn Family Law Attorney.

Contributor Level 16
  1. What can I do if I don't think the guardian ad litem will be impartial?

    Answered 6 months ago.

    1. R. S. Missimer
    2. Laura A. Stack
    3. James CW Bock
    3 lawyer answers

    NO. GALs are either long term contract, or assigned from the county pool of attorneys that want the work. So, the only possible way you will get another GAL is to submit a signed agreement with the attorneys and the parties agreeing to a particular individual for the GAL. In most counties that won't work. I have only had it work out once in all my years of practice.

    5 lawyers agreed with this answer

  2. What exactly do child support pay for? Is there anyway I can find a listings of what the court considered cover by child support

    Answered 8 months ago.

    1. R. S. Missimer
    1 lawyer answer

    No you cannot have control over your child support. Child support helps the child by improving the household life style. At least that is what the courts will assume. So, anything the receiver wants to spend it on. If what you are asking is what do you have to pay for in addition to child support that will depend on the percentage of child support you are ordered to pay.

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  3. Under what circumstances would I be responsible for my girlfriends debt if I were to ask her to marry me?

    Answered about 1 year ago.

    1. R. S. Missimer
    2. Gregory J. Jerabek
    2 lawyer answers

    Maybe/Kind of... This can be a complicated question. It very much requires knowing who you are worried about. If you are worried about the creditor, then half your income (without a prenup) is hers, so they could come after you for half of your income. If you are worried about a divorce (without a prenup) anything in the marriage that was not a gift or inheritance is presumed marital assets. You have to argue to keep that from happening. THe longer the marriage the worse that gets....

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  4. My spouse will likely file an appeal after the divorce just to continue to cause trouble

    Answered 8 months ago.

    1. R. S. Missimer
    2. Christopher J. MacGillis
    3. Timothy A. Provis
    3 lawyer answers

    It depends what you mean by appeal. It you two sign a MSA and go in front of a court commissioner, and he files for an appeal DeNovo, then he is asking to appear in front of a judge to have the Default hearing reheard. I doubt the Milwaukee Judges would hear that since he would have signed the agreement. If you two end up in front of a judge to have a trial, then he has to appeal on "abuse of discretion," that is really a non-starter. First of all he will need an Atty who will likely...

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  5. To hire a lawyer, where should he/she reside?

    Answered 10 months ago.

    1. R. S. Missimer
    2. Jane E Probst
    3. Zachary J. Kluck
    4. David S. Kowalski
    4 lawyer answers

    Under normal circumstances an injunction has nothing to do with the divorce case. If it does then you just docket the injunction in Dane County for the court to take notice of it. I am not sure why the Divorce is filed in Dane County, but... Dane county will be a far easier place to hire an attorney than in Racine for a Divorce matter. I believe you will find better rates and payment options. But related to costs... There is likely to be a ongoing relationship between divorce...

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  6. I am VERY broke and need a divorce. My ex contests everything so I cant 'do it yourself'. Is there a cheaper option?

    Answered about 1 year ago.

    1. R. S. Missimer
    2. Jane E Probst
    3. Eugene Andre Ahtirski
    3 lawyer answers

    Legal Aids of Wisconsin, Central Legal, and the state bar's modest means program. If you are on any form of state of county aid, then you can go to Child Support in Milwaukee and they will at least get you child support. That might help your cash flow.

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  7. Ex-spouse getting placement and removing the children out of state?

    Answered about 1 year ago.

    1. R. S. Missimer
    2. Peggy Margaret Raddatz
    2 lawyer answers

    Change of circumstance is a little heavier burden that change of status quo. By that I mean the court is less likely to change 75% placement when they will stay in the same school, then pulling them out of their status quo and sending them far away. She will have to prove it is in the better interest of the children to move them. That is a lot for her to do this late in the season. So, I don't think she will do very well in court. With children it is always better to hire an...

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  8. My 9 year old step son wants to live with us, how can we help him?

    Answered 7 months ago.

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

    You can file for placement, but it has to be done in Ohio since the child has not been here long enough to have Wisconsin have jurisdiction. I suggest posting this as if you live in Ohio.

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  9. I was divorced from wife & in the final judgement,I was given a car & if house was sold was to get portion of sale

    Answered about 1 year ago.

    1. R. S. Missimer
    1 lawyer answer

    That depends on how long it has been. You can reopen if the case is recently closed. Few months. Otherwise it is a contempt issue, and there are no standard form that will do it perfectly. If you want a form to base your drafting on (try FA-4172), it would be a Notice of Motion and Motion for Contempt. You will need to attach the Judgment of Divorce and the MSA (if any). You will need to make four(4) copies of that set and submit them to the clerk of courts in your county. They...

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  10. Question on assets before marriage (house and contents of house were prior to marriage) -- do I attach a separate page on this?

    Answered 7 months ago.

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

    By statute only Gifts and Inheritance are non-marital. Everything else needs to be argued for. For the FinDis assets list of property it is only asking for totals. You can then on page 6 under "Assets Acquired" list the before marriage totals there and attach the list. If this is a long marriage, the court may likely consider it marital. May be best to hire an attorney to sort it out.

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