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R. S. Missimer

R. Missimer’s Answers

1,534 total

  • Everyone lying to Dad. What can I do?

    Ex and 2 teenage daughters live in another state. The ex blocked me from her cell and text so she doesnt have to answer questions. She is out drinking every weekend or going on 3 day vacations. She leaves my girls with their friends and they the...

    R.’s Answer

    If your daughters have been living out of state for more than 6 months then Wisconsin may not have subject matter jurisdiction under the UCCJEA. Unfortunately, you are likely going to have to talk to an attorney that knows the UCCJEA and has done jurisdictional challenges. If you do know, then you might be filing in the wrong state court. Jurisdiction is confusing and hard to handle on your own.

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  • Do I need to print the entire publication summons per wi wording or can nc change to their wording?

    The newspaper in Raleigh where my husbands last known address is is trying to help keep my cost for publication down but she doesn't want to cut the WI verbiage down if it will hurt me later.

    R.’s Answer

    I generally use the statutes in both states to determine the requirements. This is NOT a place where you want to short cut for cost. The Courts are always looking for a good reason to refuse publication service. So, DO NOT short cut the requirements.

    ProBono service from Community Justice Inc and Legal Action (both of Madison) are available here in Rock County. You might want to call them if your income is limited. Free or reduced fees are a good thing.

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  • How do I fill out the WI Financial Disclosure Statement with 2 employers?

    I have two jobs and want to include both names/addresses on my FA-4139V form. How should I do that? Should I use one form and put a slash (e.g. Subway/McDonalds) for all fields, or should I duplicate page 1 section 2 with each employer's information?

    R.’s Answer

    Put totals in the form and say "See Attachment". Then have a separate sheet that lists all the numbers and their totals.

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  • Will GAL determination change?

    GAL recommended child live primarily with me stating mother has not provided sufficient documentation of stabalization post overdose and owis. She has had over a year to provide this. Now she is scrambling to provide something because of the recom...

    R.’s Answer

    Absolute. The GAL should always include new information they receive in their determination. Contact the GAL often to make sure you are providing the right info when they need it.

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  • Does the judge/commissioner know when a ncp is trying to get out of paying child support?

    My child's father was ordered to pay $500 a month for child support. he became very bitter and angry he went back down to the courts and filed a hearing denovo to reduce it to $65 a week. Can this happen? I thought he has to show why he feels the ...

    R.’s Answer

    I suggest you research "Voluntary Action" as it relates to child support income calculations. If a parent has done anything to change his position then they will generally hold him to his highest income numbers.

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  • I am currently a few months pregnant and I am no longer with the father who just moved to another state

    The father of my unborn child currently has 3 other kids and decided to move back to their home state as he was unable to stabilize a life here and had no insurance on his kids along with aa lot of other things. I am financially stable and have m...

    R.’s Answer

    I add to his explanation that you should contact your county's child support enforcement agency to apply for their help in getting child support. Out of state can be a problem especially for an individual. They will usually want your income information, but likely their services will be free.

    You may need an attorney to handle the custody and placement issues if BioDad actually shows up at these hearings.

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  • If I am responsible for 50% medical costs...

    And our custody agreement has a specific dollar amount that I have to pay for health insurance, and my ex switched the insurance, do I have to make up that cost to her before it is reflected in the court order?

    R.’s Answer

    It is important to know if this was a settlement agreement or a order of the court.
    Settlement agreements are FAR HARDER to get around than ORDERs because the Court will usually revisit the reasons for an Order of the Court, they will rarely look behind the reason the parties signed a settlement agreement.

    So, if things have changed and this was a trial and order of the Court file a motion to modify.
    The basis for health insurance is less than 5% of Gross income or income of 150% of Federal Poverty Guidelines. If it is greater than those things the payor will get credit. So, if dad pays Full CS and he pays Health Insurance he will usually get a credit on child support. If you are paying FULL child support and Mom pays health insurance then it should be included in the support. Shared placement often breaks it out.

    If it is a settlement agreement then you need to read the wording closely, and find the catch to file a motion. That will likely take an attorney to pull it off. Be very careful to do these because if the Court turns you down, they may not be willing to rehear these issues later when you could do so.

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  • I have a child custody trial next month in Waukesha County. I am pro se and would like some advice on the do's and don'ts.

    Both myself and the father are pro se in this case. I was looking to get clarification on my ability to call the opposing party adversely and if that means I can ask him leading type questions. Also, would it be strange if I objected to his que...

    R.’s Answer

    Waukesha County has a self help legal service available at the courthouse. Start by contacting them. Their advise is often very helpful.
    Next go and watch court proceedings with the judge or court commissioner so you understand better what is done in these proceedings. It will also give you ideas for how to take testimony. Probably cannot copy their actions word for word but still it will improve your confidence and knowledge of the process.
    Next, talking to several attorneys that would give you a free consultation would be helpful to give you a better idea what is possible, and maybe the buzz words you would need to do the research.
    Lastly, read Chapter 767 of the Wisconsin statutes, family law. Statutes 901, 906, and 908 on evidence might also be helpful. That should put you ahead of the process.

    Good luck.

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  • Can I call the GAL as a witness to question his recommendation in a family court trial?

    I am pro se and looking to be able to question the GAL regarding his pre trial report contents. I have heard it is not permissible to use him as a witness. Can anyone please provide evidence of this via WI Statute or law. If his report contains...

    R.’s Answer

    The issues you are bring are very good ones. Most cases involve the children in one form or another. The courts try to avoid putting the children in the middle. So, if the issues are not grand enough for Child Protective Services to get involved it becomes a he said she said with no clear winner.

    I have had cases like these, and I make good progress in advancing my client's position. But there is never a clear winner. The attorney needs to know how to get evidence in and make the case for his client. Without an attorney it is not likely you would be able to do so.

    In my opinion you should hire an attorney.

    It sounds like you might be in Milw Cnty. If you are and cannot afford an attorney there are several ProBono firms in Milw. If you can barely afford an attorney call the Wisconsin State Bar MODEST MEANS program. They have attorneys in your area that will work for substantially lower fees.

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  • How can a special master be replaced for displaying gender bias?

    I've been told, as the father, to "suck it up" by the special master, and she will not discuss my rights as a father

    R.’s Answer

    well, you must be in an interesting case to be in such a situation. A Special Master is appointed by the court to stand as a officer of the court related to negotiation or post order results. Because they are officers of the court they will not debate the issues or give you legal advise. So, expecting them to will get you nowhere. I will assume for a moment you are not represented. You need to get represented quickly if this matter is not completed. If it is completed and an order exists, then you need to take the direction of that attorney, and get this all behind you so that they can be let off of the case.

    Not a good situation to be in.

    But to your question someone appointed by the court can only be replaced by the court. You would have to bring a motion for a replacement. But I will tell you replacement rarely happen.

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