Legal Question in Family Law in Wisconsin

No support Order

This is my problem and question. In 1997 I got divorced. My ex wife and I put the settlement in writing and the judge looked it over and agreed and granted the divorce. NO SUPPORT WAS ORDERED BY THE COURT. The agreement was I would get my son for the first 5 years and my wife would pay no support. At the age of 13, if he wanted he could live with his mother for the next 5 years and I would pay no support since I had him for the first 5 years and she paid no support. If any disagreements came up we would use and third party.

I guess everyone assumed he would move in with his mother when he was 13. Well he has decided to live with me, my ex has refuses to help me support him at all. What can I do?


Asked on 7/12/03, 10:28 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: No support Order

Hello,

It is not possible to answer this question without seeing exactly what the agreement says.

Based on what you have written, it seems like the agreement is that she should pay you support. What should you do? Have a lawyer read the agreement. Depending on what it says, you may be able to go back to court to get the agreement enforced with a court order to that effect. Here is another example of why the full order has to be reviewed. I dont know what the significance is of the comment you made about resolving any disputes that come up. That mean that you have to use arbitration or mediation to resolve the matter. Best wishes, Mark J. Mahoney

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Answered on 7/13/03, 8:51 am


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