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R. S. Missimer

R. Missimer’s Answers

1,534 total

  • Can I allow my daughter to live with non-primary placement parent without a court order?

    My 16 year old daughter wants to go live with her father. We have joint custody, but I just recently was awarded primary placement. I am willing to allow my daughter to go, however her father is demanding that I draw up paperwork to make the cha...

    R.’s Answer

    Leaving a child in the care of another adult is not abandonment. Dropping them off at the corner and never looking back is abandonment.

    You can allow her to go live with the other parent, without modifying the placement order. But be warned that courts do not like it when their orders are not followed. So, if later you want the court to help you in some way, they may not be willing to do so.

    Also CS will not change until the order is submitted.

    Lastly, I can see why he would not want to do it without changing the order, because he could be held in contempt when the child is not with you as the placement order states.

    Hope that helps.

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  • How do you serve a 14 day termination order order pertaining to Wisconsin statue 704.17

    The Tenant has had lived in my unit for 7 months and never once paid rent on time. We took her to court twice with 5-day quit or pay she actually received 3 5-day notices how do I serve her and evict her using Wiscosin statute 704.17.

    R.’s Answer

    This is a Landlord/Tenant type issue, better asked in the correct forum.
    You might get an answer here, but you have a much better chance in Landlord/Tenant.

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  • If a child turns 18, I know he or she is now considered an adult. My ? is can they drop-out from high school on their own?

    My child failed freshman year while in his mother's care. In court I was just awarded sole legal and physical custody so he will be moving with me in mid June. He turns 17 in October so when he is 18, he will be a Junior in high school (hoping tha...

    R.’s Answer

    Well said !!!

    To terminate child support there has to be a motion hearing because the CSA is on autopilot given a dollar amount to withhold. They will continue until further order of the court. So, support will still be withheld until someone does something about it.

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  • How is child support obligations determined for persons who files joint Tax returns with his current spouse?

    My wife and I have have two children. I had a child from a previous relationship. Will the combined income listed on our joint return be used for calculating child support? Or will it be based on my income alone?

    R.’s Answer

    DCF150 is the state standard for child support. If you want more information on child support in Wisconsin you may want to review the documents the state provide on line. Do a search for "WI DCF-150" .

    OK, to your questions. Your new wife's income will NOT be included in the calculations. It is EXTREMELY RARE for a court to consider the other spouses income except when shurking support obligation is found by the court. They will use your last two years of W-2s, and your personal paycheck stubs.

    Because it violates your wife's right to privacy, it is possible that the court (or your spouse) will not get your tax returns. But that is best left to a good attorney to argue.

    Best of luck with your issue.

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  • I need to know if I can file for a sister state judgement?

    My child and I live in Wisconisn, but there is a custody/visitation order from the State of California. We have lived in WI for a year now. My child is Type 1 Diabetic and his visits with his dad result in a visit to the ER. We had a court evaluat...

    R.’s Answer

    I believe you are overlooking the fact that jurisdiction has changed to Wisconsin under Uniform Child Custody Jurisdiction Act. It allows you to file custody and placement issues in Wisconsin since the child has resided here more than 6 months.

    I suggest you talk to the free legal clinic at the Milwaukee Circuit courthouse. They should provide you the appropriate forms. Otherwise they Central Legal, or Legal aid of Wisconsin in downtown Milwaukee.

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  • Is it better to file a joint petition for divorce or better to let my wife file a individual petition?

    I have heard that it is better to file jointly and try to work it out peacefully. But family member have concerns with me filing a joint petition for divorce.

    R.’s Answer

    A joint petition for divorce does not limit your ability to disagree with anything or litigate anything at dispute in the divorce. LOTS of people file jointly, and then stop agreeing right after wards. What the only real difference is... 1) there is no requirement for initial personal service of the filed documents. and 2) that both parties are asking for the EXACT SAME result/ruling from the court. That does not mean they agree on the little details. Just the big picture.

    So, if you both want maintenance then you can't file jointly. That would take a petition and response. You CANNOT counterclaim in a joint petition. But since the claims are usually so BROAD that is more than often not an issue.

    I generally use maintenance to protect my client from debt issues that arise later, so I never file joint petitions for divorce.

    I suggest you contact a local attorney before you file. Better to be safe than sorry.

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  • How can I have an injunction removed?

    The injunction was only filed for to get sole custody of our two boys during our divorce. She has since moved away and has threatened me with the cops if I ever come to the school where the boys are. She requires me to contact her everytime I want...

    R.’s Answer

    Over turn not likely, but they will modify the injunction/restraining order to allow for pickup and drop off of the kids. You probably need to file for contempt if she is not allowing your placement to occur. Then you will let the judge handle the issues.

    See if a local attorney will talk to you on a free consultation basis.

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  • My bf is trying to get cousdy of his son but my question is since he have his son 50% of the time can he get off child support

    Or is there a way for them to both be on....they both don't work and since she keep getting her son kicked out of day care it will b more often need lawyer advice and with him trying to get cousdy

    R.’s Answer

    I suggest you seek counsel locally. Try the free clinic at the Milwaukee County Courthouse. Other wise Central Legal, or Legal Aids of Wisconsin.
    If both parents are 50/50 and unemployed, then child support will be based on the unemployment (if any). You will need to use the shared placement calculator program to figure out the support.

    But be advised that the support order stays the same $$$ until someone files a motion to modify child support with the court. You do not want to be in arrears so do so soon.

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  • If I get a legal separation, will I still be responsible for any legal tickets/fees he gets?

    My husband has a drinking problem that has just gotten worse over the last year. He refuses to get help and I don't want to be responsible for any legal trouble he may get in. I can't play the role I've played this last year of mother, wife, sol...

    R.’s Answer

    Legal separation will do that, assuming the settlement agreement or court order includes the proper wording. The process to obtain a legal separation is exactly the same as to obtain a divorce.

    The only benefit of a legal separation over a divorce is possibly the continuation of health insurance by the spouse.

    So, why would you choose to have a legal separation rather than just divorcing them?

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  • 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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