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David S. Kowalski
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David Kowalski’s Answers

338 total


  • Can I stop my ex-wife from having her parents move in with her?

    We have been divorced for a couple years now and have 50/50 custody exchanging every week. I recently found out that she plans to move her parents in with her through other people because she has not said anything to me about it. This mostly conce...

    David’s Answer

    If her father has an at least potential history of child abuse, you have every right to ask a judge to prevent contact with the grandparents, or have the children live primarily with you. Although the incident may have occurred some time ago, it is very concerning and she will have to explain why your children will not be in danger. Certainly, the first step is to ask her directly. If you are unsatisfied with the answer, contact a child custody lawyer to consider a motion preventing contact with the children.

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  • Should I ask for allimony? And what are the chances of me getting any?

    Before I got married I was doing really good for myself. I married a guy in the military and it changes my whole life (other then my 2 girls) not for the better. He filed papers to take my son with us, and I slowly lost placement of my son. (I tol...

    David’s Answer

    It is very difficult to give any advice based on the information you provided. Whether you receive spousal support is based on many factors including length of the marriage, health, earnings, etc. It seems that you have an order for support. however, if you are being divorced from a military member, I strongly urge you to consult with a divorce lawyer experienced with military issues. There are many benefits that may be available to you as a military spouse.

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  • I am seeking to change a current order in a family law case as well as having my ex be found in contempt

    My ex has totally ignored all aspects of the order and had simple ignored to follow through with any and all obligations that the order specifically and clearly required of her. Additionally, I meet the requirements to request a modification of th...

    David’s Answer

    An order to show cause for contempt is different than an order to show cause to modify an order. They could potentially be combined in a single motion, but you do not indicate what you are trying to modify. I suggest that you consult with an attorney to make sure that you plead the motions properly.

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  • How & where can I file contempt of court? Should I get my ex served before filing contempt? What if my ex left the country?

    I recently got divorced in WI and the court has ordered my ex to pay me money. My ex did not show up for the final hearing. At the time of the judgement, my ex was in Atlanta, GA. After the judgement, my ex took off from the last known address in...

    David’s Answer

    My suggestion if you are due money from the divorce is to use an investigator to locate your ex. That can usually be done using various sources available to good investigators. Once you locate your ex, you can file for contempt and arrange service. If you have an attorney already, I recommend discussing this with him/her.

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  • 2 years after the divorce is final would this qualify for "substantial change in circumstances" to change placement schedule.

    I have a teenage daughter and it has now been over 2 years since our divorce and my daughter wants to come back and live with me during the school year as my ex lives about 3 hours away. My understanding is that after 2 years the burden of proof i...

    David’s Answer

    Unless your daughter has an allergy or some other difficulty with the smoking, I suspect that alone would not be sufficient. However, there are many other factors that could come into play. There is no set list of changed circumstances. I suggest that you consult with a child custody lawyer.

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  • How can a 17 year old modify already joint custody and joint physical placement to live full time with 1 parent only?

    My ex husband and I share joint custody and joint placement of our 2 son, ages 15 and 17. Our 17 year old wants to live full time with me. Dad violates court orders with drinking, and name calling and is verbally abusive to both of them. I have fo...

    David’s Answer

    The solution would likely be to file a motion to modify placement. Children do not get to strictly decide where to live. However, their input is strongly considered at their age, and will be represented by a guardian ad litem (a lawyer representing their interests). Particularly if there are safety or special needs issues, the judge will take a careful look at your allegations. I recommend that you contact a child custody lawyer.

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  • Can I get visitation with my daughter?

    My ex wife and I had a case in Texas that was finalized and we both moved out of state. To my knowledge she has not moved it to her current residence and she has been keeping my daughter from me. I haven't seen her in 3 years and haven't spoken ...

    David’s Answer

    I suggest that you immediately consult with a child custody lawyer to learn whether you can file a petition for legal custody and placement of your daughter in Wisconsin. Texas may no longer be the proper forum, but you may have to file your petition in the state where the mother lives. Situations where the parents live in different states can be very complicated, so it is best to work with a lawyer. Certainly, the longer you wait, the harder it will be to arrange contact with your daughter.

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  • My wife threatned to shoot me 2 times. Now what?

    My wife has threatned to shoot me on 2 seperate occasions. Both while being pregnant. We lost our first child and she has refused to seek therapy. She also is a Parole officer for sex offenders which i feel is affecting her. She is verbally abusiv...

    David’s Answer

    Without a doubt, you should apply for a domestic abuse restraining order. The forms are available online, but I strongly recommend that you retain an attorney to help you make your case to the judge. I would also consult with a divorce lawyer about how a divorce filing can help protect you and the children.

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  • Will I have to split the proceeds from a condo I bought with separate money with my husband because his name was on it?

    We have a marital property agreement keeping my properties, investments and monies separate. We moved out of the condo to an apt. before closing so it was not our marital property home .2nd marriage for me, 3rd for him, I brought all the money in...

    David’s Answer

    The answer to your question depends on the specifics in your marital property agreement and the circumstances under which it was drafted. I highly recommend that you consult with a divorce lawyer familiar with challenges to marital property agreements.

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  • Will I be entitled to any property/assets that my husband has acquired during our 17 year "not legal" separation?

    My husband (lives in NY) and I (WI) separated (not legally) after 7 years of marriage. We have been separated for 17 years. I want to file for a divorce. Will I be entitled to property/assets he has acquired during the last 17 years? Or only what ...

    David’s Answer

    It is likely that your separation would limit the normal default of equal property division. However, the allocation of property depends on many factors, not just the time you have been married or separated. I suggest that you consult with a divorce lawyer.

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