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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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My daughter and son in law live in Muskego, WI. He asked her

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My daughter and son in law live in Muskego, WI. He asked her for a divorce. They filed with the courts and their case comes up in Nov. She is planning to move into an apartment before the court date. I have been telling her not to move out...fearing he can use abandonment against her. She says he won't do that.. etc. etc...but I don't trust him. He also thinks he will not have to pay her child support nor alimony and he will get to keep the house. He talked her into filing for divorce jointly. She thinks I am crazy about the abandonment issue...and hasn't considered any legal counsel...I am fearful she will be really mistreated unfairly.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

Customer:

Hello


 

SoloLawyer :

I'm sorry to hear about your daughter's situation. However, she is correct on this issue. In a majority of divorces, one of the parties moves from the marital home in contemplation of the divorce. This is not legal abandonment.

SoloLawyer :

There is no problem with her moving out.

Customer:

Ok whew....


 

Customer:

do you know if they pursue this on their own...if its not presented fairly....will a judge say something?


 

SoloLawyer :

Are they agreeing on the terms? Or is this a contested divorce?

Customer:

they are working on the terms...is it true he dosn't have to pay child support...or does the court mandate it?


 

SoloLawyer :

If they agree on terms, the Court in most instances will let them make the agreement without changing it. If there is a minor child involved, the Court will mandate the child support terms based on State law.

Customer:

ok...so there are two minor children...joint custody....but.he will be required to pay child support?.....she only has a min. paying job...


 

Customer:
SoloLawyer :

If she makes much less than him, he will probably be required to pay some support.

Customer:

ok thank you for calming this out of state mom/grandma!!


 

SoloLawyer :

No problem! It will be okay. :)

Customer:
Michael J, Esq. and 4 other Family Law Specialists are ready to help you