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R. S. Missimer

R. Missimer’s Answers

1,534 total

  • In a community property state, is there a way to avoid being responsible for debt a spouse takes on while legally separated?

    I want to separate from my husband. At this point I would prefer to be legally separated instead of divorced, but I do not want to be responsible for him financially. WI is a community property state, so it sounds like new debt that he takes on ...

    R.’s Answer

    Legal separation will terminate the responsibility for future debt.

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  • Can i legally move countries with my child?

    I recently moved to Belgium form australia (4 weeks ago) with my wife and 2 year and 7 month old daughter. My wife is Belgian but my daughter Australian the same as me. I feel things have ended in my marriage and i wish to go home. Can...

    R.’s Answer

    There are too many questions I would need answers to before I could really answer this.

    So, I would suggest that you contact a local attorney and see if you might get a free consultation. Lay it all out and let the attorney ask what he needs to. You will get a far more complete answer to a extremely sensitive matter.

    When you do take with you any passport or visa documents, and proof of citizenship.

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  • Maintenance for spouse who's hasn't maintained steady job and judges consideration of that

    Spouse gets fired last 5 jobs and recent job quit after 1.5 weeks didn't like job which was 100k potential in car sales. Her attorney using 40k only as base for calculation. I object? Is that practical?

    R.’s Answer

    If she has been fired for cause then the higher of all these jobs would be used.
    BUT you should be hiring an employment evaluator to determine her value. That number would more likely be used by the court.

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  • Can i get full custody i have primary placement and final say, mother has resraining order on her. Mother has drug issues too

    I am the father of two children i went to court a while back and was granted placement. The guardian ad liem was appointed at the time. The mother violated the non-violent order, i then put full restraing order back in place. Mom has drug and drin...

    R.’s Answer

    You can petition for SOLE custody, but it sounds like you already have what is good enough.
    The statute limits your moving 150 miles or out of state without notice to the court.
    What keeps you from just getting up and moving 40 miles is the change of school district (i.e. custody issue), and the impact on placement. You say the court has granted you placement but "FULL" placement?

    So, what it seems like you can do is...
    Plan the move. Ask the mother about moving and changing schools. When she says "NO" then say you have thought about her answer and believe it is still in everyone's best interest, and move the next day. If she wants to she will file motions with the court. If everything is how you describe it then the court will likely consider it in the best interest of the child and make you pay the additional expense of transportation, or make you provide the transportation.

    Certainly it would be best for you to have an attorney already arranged in Milwaukee. I would only do these things under that attorneys direction and supervision.

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  • The mother of my son wants me to sign away my parental rights and have her husband adopt him. I have agreed. How do we do it?

    Her husband has raised him, but they can't afford the $3000 adoption fee. She wants me to sign a paper letting her take him across the border to Canada, headed for Alaska where they are moving. I want to tell her no until we move forward with te...

    R.’s Answer

    Usually it takes several attorneys and a GAL for the children. They will do a home evaluation to support the petition. The father MUST hire an attorney because otherwise the child support may continue even after adoption. These are different agreements and require special care.

    So, it is very expensive. The $3000 is about right, less court fees.

    There is no short cut. Leaving the country does not remove the responsibility to child support.

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  • Can I fight back child support under these circumstances

    My child now approaching 18 that I do not have much of a relationship with told me her mother told her when she was 12 that I am not her bio dad she also named who the father is and I believe it, she looks just like him she was born in 199...

    R.’s Answer

    This is a mess.
    To your question, YES, you can file an alternative defense that the child is not yours. BUT you must have a DNA test to support your claim, and then be prepared to pay for another at the courts request. I don't know how much your support is... but if things are breaking down as much as you indicate than I understand you taking these steps.

    It is then possible for you to sue the mom to recover support that was wrongfully paid. It would depend on a lot of issues so it may be very limited, but at least your arrearages would be made zero.

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  • Judge refusing to allow sexual abuse information in a custody case.

    Judge Rosa wouldnt allow me to report the mothers sexual abuse of our son, he just said he will not get into her sex life. Now my child is stuck with a sexual abuser and there is nothing I can do about it because the Judge said I am not to even t...

    R.’s Answer

    People need attorneys because the process and particular time to bring issues is very important.

    My guess is that you have brought the wrong topics at the wrong time.
    DAs are not involved in family law disputes. So, they turned you away there because you were not a party to the action. Further, the GAL in a criminal case is not the GAL in the family case without the Family Court appointing them.
    Judge Rosa if he was hearing matters on legal custody would never listen to sexual charges because it has nothing to do with legal custody. Legal custody issues are how the parents make decisions together and if they can communicate. So, an important topic would be Domestic abuse, or issues between the parents.
    If you wanted to address your issues with her placement then you had to have filed a Motion to Modify placement. If you did not then that completely explains it. But even if you did...
    The court cannot by itself determine the best interest of the child that is a GAL (from the family court) job. If one was never appointed then the court would not be in a position to hear the issue.

    As for the courts other comments.
    It is possible that your frustration has either caused them to be flippant or that you may have misinterrupted what they said. In either case, that supports my comments that this was the wrong topic at the wrong time.

    I suggest you find local counsel, and as I always do, you not go it alone when children are involved.

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  • Do I need to submit notice of salary change to other party's atty even though a CS modification is already waiting to be heard?

    I have three kids: Mom A with Child 1, Mom B with Child 2 and 3. I am pursuing placement change with Mom B. It's been a very tedious experience. I submitted a motion to modify CS because my available income had changed back in August. It was ...

    R.’s Answer

    I would in this case. I would give the court notice and ask to change the job rather than just doing so.

    Why ? Because the court may likely consider it a VOLUNTARY ACT. What that means is that they will continue to hold you responsible for the higher of the two(2) paychecks. So, unless you can justify it by reduction of expense (i.e. the difference of cost to transport), the child support amounts will not change.

    You can do this by filing a Modification to child support in advance in each of these cases. Then you will know where you stand before it actually occurs and you are still on the hook for the full amount.

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  • Problems with exhusband

    I have been separated since 2005 and divorced since 2007. He has since remarried. He constantly looks me up on ccap and keeps track on matters that don't pertain to him that are about me. It feels like he is cyber stalking me because I have kids w...

    R.’s Answer

    I'm going to stick to your question and not expand on it (as previous counsel wants to do). By the way where he is going with his questions can only help you figure out the real charge or issue.

    Is there a cyber stalking law in Wisconsin. NO. these things are public information, and anyone can look them up and use them for their own purposes, except to harass, or intimidate, or cause the person to be embarrassed or the like.

    Let me give you an example. Several years ago, many people signed a petition to Recall our Governor. Since then those very people have had their names published on the internet very much against their will. If it is legal for the governor (or his people) to do such a thing, then watching for public information that has to do with you will not be illegal. BUT again, what they do with that information may be illegal.

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  • If I agree to my soon-to-be ex-husband's blackmailing over text message, will it hold up in court?

    He wants half of our tax return back and I'm getting it all because he owes back child support. He said if I give him half of it back, he'll sign to the children's placement schedule. If I agree to this via text message, will it hold up in court...

    R.’s Answer

    Child support is not the parent's to negotiate. So, I expect that CSA or the judge will not go along with it. You would have to say it is in the best interest of the child, and that seems like a stretch.

    But in writing does include texting if both parties agree that was said.

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