Atty. Michelle B. Fitzgerald Q. Can financial information be withheld at a child support hearing? A. You would need to bring it or face possible contempt of court. Generally financials are sealed or, if originals, returned to the parties.
Atty. Michelle B. Fitzgerald Q. Are online divorce papers legal? A. In WI, the only approved forms are free, at wicourts.gov. Other forms are not guaranteed to be accepted and will likely be rejected.
Atty. Laura Stack Q: How can I change my child’s last name? A: The first step is to fill out a “Petition for Name Change for a Minor Child under 14” form. When the form is completed you must file the form with the Clerk of Circuit Court. You will then need to publish the notice in a qualified newspaper, as required under Wisconsin law. In addition, if your child’s other parent has parental rights (you are divorced from the other parent or paternity has been adjudged and that parent’s parental rights have not been terminated) you must…
Atty. Kashoua Yang. Q: Can I move with my children after a divorce? A: If you will be moving with the children more than 150 miles away from the other parent, you are required to provide notice. There are specific requirements on when and how notice must be provided. Once notice is given, the other parent may object to your move. If there is an objection, the issue will be decided by a court prior to your move. The court may order you and the other parent to mediation and appoint a Guardian ad Litem. If you have any…
Atty. Ryan Blay Q. What is a Sheriff’s Sale? A. In order for a bank or lender to complete the process of foreclosure, they will need to sell the property for as much as they can to minimize their losses. By now, they will have been granted a judgment from a judge with permission to sell the property after a certain period of time (typically six months for an owner occupied home and three months for a rental or commercial property). The Sheriff’s department for the county where the property is located is responsible for holding these sales. Usually…
Atty. Michelle B. Fitzgerald Q: How does someone get temporary custody before the court date? A: You need to request a temporary hearing. There is a form called Order to Show Cause that is used to request a temporary hearing. The hearing will cover custody, placement, support and sometimes payment of bills pending the final divorce.
Atty. Laura A. Stack Q: Can the state terminate a mom’s right to subsequent children born within three years after terminating her rights to her firstborn – without proof of any abuse or neglect? A: No, even with a previous termination of parental rights (TPR), a court cannot find grounds for involuntary TPR unless they can show that: 1. The child has been adjudged to be a child in need of protection or services (CHIPS ) based upon having been abandoned, abused or neglected; and 2. Within the three years prior to the CHIPS adjudication, a court has ordered involuntary TPR…
Atty. Kashoua Yang. Q: Am I still eligible for social security benefits even though I work? A: Yes. You can receive social security benefits while working. However, if you earn more than a certain monthly amount then you may not be eligible for social security benefits because you would not be considered disabled. A person earning more than a certain monthly amount is ordinarily considered to be engaging in substantial gainful activity. Monthly earnings may be offset by certain earnings exclusions and there are special guidelines for determining monthly earnings for self-employment, sheltered workshop employment and work performed by…
Atty. John S. Swimmer Q: How do I request a different judge? A: If you are charged with a crime or forced to defend yourself against a lawsuit, you must find out as much about the judge hearing the case as you can. Google is a an excellent place to start searching for information. During your research you may uncover information that you feel is harmful to your case. Your next move, if available, is to remove the judge. This is called judicial substitution. Wisconsin allow liberal substitution of judges in almost all cases. In criminal cases Wis. Stat.…
Atty. Ryan Blay Q: I just received a Summons and Complaint from some law firm. What should I do? A. In Wisconsin, anyone who is being sued (the defendant) has 20 days from the date the Summons and Complaint is received to respond to the court and to the suing party (the plaintiff). If you get this paperwork and don’t understand it, the smartest thing to do is to go see a lawyer – and quickly! Many lawyers offer free initial consultations and can give you general information on what is being alleged in the complaint and what some usual…
