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R. S. Missimer

R. Missimer’s Answers

1,525 total

  • Ex lost his job ~ April 13 and received unemployment. How will this affect child support 3 year review?

    I have sole custody of my son. Ex has supervised visitations which he rarely uses. I have the health insurance and pay for daycare/school and extracurricular activities. My ex was making much more than last reported before he was laid off in April...

    R.’s Answer

    If there is no review then it will remain at the last $$$ amount. That might not be a bad thing.
    If the court sides with ex, then the fact that he just got out of jail and has not job may be a lot lower than what was last ordered.
    Remember though he can go back to court to change support simply by filing a motion to do so.
    Assuming you review is optional, you will have to ask yourself if it is worth the trouble given whatever the last ordered amount was.

    Sooner or later the arrearages catch up with the ex, and until then he is still on the meter.

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  • My brother is being divorced by his wife. He is between jobs and has no money.

    She can't be trusted at all to be fair or do the right thing - how can he find good representation without money up front?

    R.’s Answer

    In Madison ...
    Legal Aids of Wisconsin
    Community Justice

    And if those fail you call the Wisconsin state bar ask for the modest means program.

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  • How is child support determined?

    My wife and I are getting divorced. Her and I have a son together, and we both have a child from a previous marriage. Where as I have paid child support for my daughter, her ex husband has not paid anything for their son. So in the "I've paid ha...

    R.’s Answer

    The easy and complete answer is DCF150. Search for "WI DCF150" and review it. It covers multiple children from multiple marriages. Otherwise an attorney would need far more information than you have provided.

    Start with DCF150, and come back if that doesn't do it for you.

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  • To a lawyer what does it mean when a court order says "each party is entitled to two non consecutive weeks vacation?

    As long as the other party gives at least two weeks in advance notice. F that vacation time fell of the other parties weekend is it legal to take that vacation as long as there was two weeks advance notice?

    R.’s Answer

    Look for a sentence that says which comes first Vacation, Holiday, hen placement.
    Most MSAs have sentence(s) that make such a order of precedence.

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  • My divorce just became finalized, my ex signing the house to me with no money exchange. How do I get his name off the home loan?

    my mortgage company wants me to do an assumption loan. I am retired and am afraid that I will be denied

    R.’s Answer

    OK... You have to read the fine print of the Judgment of Divorce and Marital Settlement agreement. If it just says transfer, then you can quit claim the property with your ex's signature done in front of a notary. Generally the register of deeds will require the document to be drafted by an attorney. Call the county register of deeds to see if they do, and get instructions on how to file a quit claim deed if they do not. Either way DO THAT FIRST.

    Once it is transferred.

    If the MSA says to refinance then look into whether the loan can have ex's name removed. ANY federal bank will refuse. Some State Banks might allow it. By state banks I mean Credit unions or mortgage companies. Usually they don't like letting people off the hook, at their own risk.

    That means you would have to refinance the mortgage. But if you can't the court is not likely to do anything about it. You can't generally be held in contempt if you are doing the best you can. If you have tried several banks and they simply won't do it, then oh well.

    If the MSA was written properly, there will be recourses for ex to reclaim the property. That is the worst that can happen.

    Some have provisions to get maintenance to cover any short falls. BUT as long as you pay the mortgage that won't happen.

    I hope that helps.

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  • What is the court's definition of "unreasonable" in "voluntarily & unreasonably reduced his income below his earning capacity?"

    Background- *worked for 10 years 45 minutes away at a job working 47.5 hours/week-got temporarily laid off (with no set time to return) for about 39K/yr *applied to TONS of local places b/c I needed to support my family on more than unempl...

    R.’s Answer

    No it would be called VOLUNTARY ACT. You knew what the employer wanted and chose not to give it to him. Example I had my client had a husband that was fired for sexual harassment. Voluntary act. Was then discharged from two other jobs. Because the court already felt he was shirking they also went voluntary on those. He was always required to pay the max.

    I would suggest that you have an attorney. Someone that will say you are trying, which is more believe-able than you saying it yourself.

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  • Can I take my son out of state for a 3 day vacation

    I have primary placement of my son but share joint custody of son

    R.’s Answer

    Joint custody is for BIG decisions like changing school districts or jointing the army.
    Day to Day decisions like where to vacation are for the parent that has placement at the time.

    As long as you judgment of divorce does not restrict such a vacation, and as long as it is your placement time, then you should have no trouble doing so. It is usually a 90 day out of state that you have to give notice before. Three days hardly will impact that.

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  • I have primary placement of my son but me and his father have custody I want to take our son out of state for a three day vacati

    I want to take vacation with my son out of state for 3 day

    R.’s Answer

    If you have primary and you vacation on your placement time, there is no problem with that AS LONG AS the Judgment of Divorce or MSA does not specifically not allow it.

    The usual wording in those agreements makes you give notice if the time out of state will exceed 90 days. Three days does not even come close.

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