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R. S. Missimer

R. Missimer’s Answers

1,534 total

  • Which parent can claim the child as a dependent on their taxes every year?

    My son's father believes that because he pays child support, he can claim my son every year on his taxes. Would this be correct? Our custody is split 72/28 with me having our son 72 percent of the time.

    R.’s Answer

    My first concern is the use of the word CUSTODY. CUSTODY in Wisconsin means decision making. The term you meant to use is PLACEMENT. So, I am not really sure your action occurred in Wisconsin. If it did, then you have to go back to your court order, marital settlement agreement, and/or Finding, and Judgment for Divorce/Paternity. It will say in there who gets the deduction. If it does not then this becomes an IRS issue and you should be asking this in the TAX section of AVVO.
    A TAX ATTY will best know how to proceed.
    My guess is that the ORDER says every other year. But you need to find the order to verify.
    If you do not have a copy you can go back to the court that issued the order and ask the clerk of courts to allow you access to your file. They will let you read it, and will provide you copies of whatever pages you need at $1.25/page.

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  • Can I move out of the state of WI if I have full custody and placement?

    The father of my child signed a parenting plan in 2012 that stated I had full custody and placement of our first child then we found out two months after having our first that I was having his child again so then in 2013 we signed a new parenting ...

    R.’s Answer

    Do you have to fill out a Motion - NO.
    You have to give 60 days letter NOTICE to the court and the father.
    If he objects then you would have to file the Motion.

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  • Not sure of the laws - can I take ex husband back to court for monies if the divorce is final?

    House fair market analysis stated $150-169,000. Ex husband brought tax document only and I forgot my proof of the value of the home so I got zero. All I wanted was $3,000 which is 1/2 the principal paid on the house until I moved out. I have do...

    R.’s Answer

    If the divorce hs finalized then it is harder. You would need to petition the court to reopen the divorce. If you had your chance to prove your case, then that is not likely to occur.
    If you did discovery and the ex did not provide the answers ordered by the court, or in some way committed a fraud on the court then it will be easier to reopen the case.
    You should problably contact a local attorney and see if they can shed some light on your situation, and help you head in the right direction.
    Good Luck...

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  • How would one go about proving a GAL is Bias

    When I received the itemized bill it showed numerous contact with other party and their family members whereas he only had contact with me once.

    R.’s Answer

    The GAL has been hired by the court to determine the best interest of the child. So, it is ok for the GAL to have a bias at the end of the process. It is not as acceptable to have a bias at the beginning of the process.
    Part of the reason the GAL seems to have a bias to you is that they have spent as much time with the other party as they have. But you had the same oppertunity to contact the GAL. During that contact you have to sell that you are the best parent for the child. Providing the GAL good references, and contact numbers for teachers, and other parents that have had direct knowledge of how you raise your child. Armed with this the GAL can make a good decision. But if you don't spend the time selling yourself, then the end result will be less than you will be happy with.

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  • What can I do if I have joint custody of my son and we have him the same amount of days i don't know why i pay support

    just found out my child support was raised without me even being served for court I pay his insurance and he lived with me 2 and half years up till 01/28/14 she left town and she was still receiving illegal benefits form the state while outta stat...

    R.’s Answer

    I suggest you do a internet search for "WI DCF150", this is the standard and calculation for child support.
    But basically if you have equal time and you make more than she does the calculation will have you pay support.

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  • Question about (very old) medical bills, family divorce, shared expenses of a child after divorce.. More details inside!

    Divorce happened in 09, it was stated that parents are to share expenses for the child. Medical bills are now being brought to attention, bills are dated 01-03 (childs birth and a few years of follow up care) Parents were married during these ...

    R.’s Answer

    There are a few points that should be made.
    1) agreed that because these debts do not seem to have been included in the divorce decree. So, mother will not be able to force dad to pay, mostly because it would be a matter for the family court, and simply that is the way this works.

    2) Wisconsin has law called the Family Act. It allows creditors the right to go after ANYONE that was living in the household when the debt was created. This is because it is in the best interest of the family to have these bills covered. Hospitals know this law inside and out. They are REALLY good at applying it. So, whether or not the husband was listed on the debt, this can be corrected by the creditor simply by changing the name on the documents.

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  • My husband was married when he married me, hes gotten the divorce and I plan on remarrying him because our marriage is void.

    Do I have to get the marriage voided or is it automatically. I live in Wisconsin. He didnt know he wasnt divorced, he was young and stupid LOL. After getting over alot after him lying he was ever married and being still married. He lied on the...

    R.’s Answer

    This is a "it depends" answer...

    The Wisconsin State Registrar is the group to ask this question to. You can find them by looking up Wisconsin Vital Records Office (608) 266-1373. Ask them how they would want you to proceed. I would expect that they will send you back to the County Clerk (who gives out marriage licenses). It shouldn't be different in each county, but I bet it is. These folks do kind of make this up as they go along. They will first call the Registrar themselves, then when they do not get an answer they will do something that makes sense to them. That is how small offices work unfortunately.

    As long as you tell everybody what is going on then you cannot be accused of wrong doing.
    You will need a new license and that is all that matters for now.

    Best of luck.

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  • How to get full custody with my evidence.

    I need someone familiar with WI law. I found a picture taken on my camera after my divorce from my ex husband letting my minor child drink beer. I am not sure who took the picture. I also have a cell phone my children brought home from there fathe...

    R.’s Answer

    Hi Ann,
    --Low Cost Legal Aid--
    Legal Action of Wisconsin is in Racine. They would be lots cheaper than standard rate family attorneys.
    WI State Bar Modest Means Program will get you a reduced rate attorney.

    --Unbundled Legal Services--
    Otherwise you can ask any attorney for unbundled legal service that would cover paperwork and no representation.
    Then there are paralegals that will do the paperwork but cannot represent you in court.

    I am not sure if that helps, but it is certainly a starting point.

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  • Please advise on my next step. I usually have an attorney come w/me but he told me I can do the rest myself:

    I have a Findings & Order before Judge Grimm - ex-husband to pay $3587.00 directly to me for medical bills by 9/8/2013 - He paid me $2500.00 & signed a note he would pay the balance by 11/8/2013. He has not. The original medical bills amounted to ...

    R.’s Answer

    Well I am not exactly sure what you mean in your first sentence. Do you have a hearing coming up in front of this judge, or do you mean that you have a Finding and Order signed by Judge...

    If you mean the latter, then you need to file a Motion for Contempt for failure to pay. The note has nothing to do with anything. The judgment is what you want enforced.

    The form for a Contempt filing is FA-4172V. Order to show cause and affidavit for contempt

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  • How do I go about switching a legal separation to a divorce?

    My and my husband have been pretty much apart for the last 9-10 years now but for the last year not together at all. i filed for a legal separation and we are to go to court for a temp. hearing on Feb 7th but I want it changed to a divorce. I have...

    R.’s Answer

    Go on the web and search for "WI FA-4163V" It is a single form.

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