My question is about my daughter's father leaving our child with me on his visitation weekends. When we went to court I wanted right of first refusal and have alternating weekends. Now, it seems that whenever a Friday comes along, he wants to go o...
It is important to distinguish between "legal custody" and "physical placement", as opposed to "full custody". Legal custody simply refers to a parents ability to make major decisions for a child. Custody can be either "joint" or "sole". In joint custody, both parents have equal decision making authority and must agree on major decisions for the child. Placement, on the other hand, refers to when and for how long the child is supposed to be with a particular parent (or in some cases, a thrid party). If you only have periods of physical placement (secondary placement) on every-other-weekend, you having additional days with the child on father's weekends could constitute a substantial change in circumstances warranting a revision of the current placement schedule. Keep good notes of the times you are having placement with the child on dad's days and consult an experienced family law in your area for an assessment on if and when a modification motion is appropriate. However, unless there are either domestic violence issues or some other substantial impediment to the exercise of joint legal custody between the parties, the court must presume that "joint" legal custody is in the best interests of the child. What you may be looking for is a modification of placement, rather than an award of sole custody. I hope this helps.See question
marriage or current income of both parties ?
Current, but past incomes of the parties may be relevant to the Court in considering what each party is capable of earning or showing that current earnings are artificially inflated or deflated as a result of some sort of event.See question
I was divorced in 2013 and we had a CPA file both our taxes that year per court order. I gave the CPA the 1099R for the money I took out of my IRA. I reported this as income to the IRS but is this subject like normal income would be for child su...
A one time distribution from an IRA, 401(k) or other deferred compensation account is not likely to be treated by a Court as "income" available for purposes of establishing a child support payment obligation amount. However, frequent and consistent distributions from a deferred compensation account can result in the Court including the distributions as income available for support. This "double counting" (that is counting the account as an asset divisible by the Court in divorce, as well as an income stream for purposes of support/maintenance calculations) is permissible under Wisconsin Law. For example, ex has a pension awarded to him in the divorce action that is not in payment status and he is also paying child support. Two years after divorce, ex retires and starts drawing income from the pension. In this instance the Court will use the ex's income from the pension and other sources of income, if any, for calculating his child support obligation. I hope this helps.See question
I would like to claim every year but Court ordered every other. Will this change without going back to court.
The allocation of the tax dependency exemption between the parties is in the nature of child support. As such, you will need to show a substantial change in circumstances since entry of the last child support order (not very difficult in most cases). However, unless there is a good reason to award one party the dependency claim every year (such as the other party has little to no taxable income), courts generally order the parties alternate claiming the child (in cases of one child). You should consult an experienced family law attorney in your area for analysis of the strengths and weakness of the request you wish to advance. I hope this helps.See question
Husband got 50% in divorce, never took action towards this. This was 5yrs ago. How can I free up my 401k.
A divorce judgment merely allocates and specific interest in a 401(k) between parties. It is a Qualified Domestic Relations Order that compels a 401(k) plan administrator to divide the account in accordance with the terms of a divorce judgement. You could hire someone to prepare the order, commonly referred to as a QDRO, for a fee usually between $200 and $600. Once prepared, you have the judge sign it, certify it and then you send the certified copy to the 401(k) administrator for processing and division of the account. I hope this helps.See question
Married 11 yrs....I worked as RN when married 2003-2010
No, your social security will not be affected. If a couple is married more than 10 years and otherwise meets certain eligibility requirements, a person can draw social security based upon the prior spouse's income credits and wages paid into social security at retirement age, up to 50% of the former spouse's benefit. But, drawing upon the the former spouse's social security will not diminish or in any way affect what that the former spouse is to receive in social security retirement pay at retirement. So if, for example, your ex-spouse were to draw under your social security, you would still receive a payment for 100% of what you have accumulated in social security benefits at retirement age. I hope this helps.See question
We have not filed for anything yet, but he has been living elsewhere since August; either with friends or a girlfriend. He left, I did not throw him out. My question is..Can he legally remove items from our home before we file and/or court or unti...
As no action for divorce or legal separation has commenced, there are no orders prohibiting either spouse from removing jointly held property from the home. Even of there is a removal of property happens pre-filing, a party will likely have to account for any items removed once an action for divorce or legal separation is commenced. I hope this helps.See question
I gave my friend permission to watch my husband and my baby for a week or 2 My husband found out and told me it is against the law for me to give someone permission to watch our baby for more then few days with out his concent also
An answer to your questions would require a deeper understanding of the relationship between you and the other parent, procedural history of your case and the order currently in effect. Unless the Court order states that you must obtain consent, you are not obligated to obtain it from the father. However, depending on the circumstances, I can see an argument that this obtaining of "childcare" was a matter of legal custody and you and the ex have joint custody, there may be an argument that the ex claim that you violated "joint legal custody" by not making the decision jointly with that parent. Also, depending on the circumstances, if this issue was brought before the Court, the Court may be inquisitive as to why placement was not offered to the other parent before utilization of third-party care. You should consult with an experienced family law attorney in your area for an assessment of the strengths and weaknesses of this issue. I hope this helps.See question
I would like to understand my options to have my ex-husband repay me money ordered in our divorce which includes marital and our son's medical bills. He continues to refuse payment.
An answer to your question depends on what the obligation to pay you was for in the judgment. If the obligation was in the nature of support (maintenance, child support, variable costs), you have an argument that the amount should be collecting interest at the rate of .5% month or 6% per year. This amount used to be 1% or 12% per year, but was recently reduced. If the money ordered to be paid to you was in the nature of property settlement, you have a claim that the amount unpaid at maturity is accruing 1% per month plus prime interest rate (a lot more than for support). See Wis. Stats. sec 814.04(4). Keep in mind that interest is not compounded for either scenario - you do not get to collect interest on the interest. Contact an experienced family law and/or collection attorney in your area for further information. I hope this helps.See question
need to know if we are married we married in nigeria and there they can have more than one wife. we love each other very much and want to be married so i need to know what we can do
You need to find out when his marriage to the other woman occurred. If the marriage to the other woman took place before yours, you need to determine whether that marriage was lawful as well. If he was married prior to your marriage to him and that previous marriage was lawfully commenced and has not been lawfully terminated, you can obtain an annulment.See question