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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have lived in Florida years with our three daughters,

Customer Question

I have lived in Florida for 3 years with our three daughters, following my divorce. Yet, my husband, who lives in Wisconsin, has twice tried to bring me into court for hearings to repeatedly request to reduce child support once he is out of teaching for the summer. The first time it was reduced in 2014 from approximately $1500/month to $428/month. Now, even though WI Child support located him for non-payment of that at his workplace at the university, and he had never reported it, he wants to bring me back into court to have it reduced to $90 because he is "unemployed". Also, due to a prior 4-year stalking & harassment restraining order against him, he is only allowed to visit with our children at one of his Florida relatives' houses for June and July and one week during their Christmas school break. Yet, he is also now claiming that , due to his "unemployment", he does "not have the 'wherewithal' to be able to make a trip to Florida". Thus, he is requesting that his visitation be allowed to be changed, allowing our three young girls to visit him in his dangerous, crime-ridden, inner-city neighborhood that he moved to in Milwaukee, to make it more financially feasible/convenient for him to see them, during his supposed "unemployment".
First, this house he wants them to visit was purchased against court orders, during our pending divorce, using joint marital assets, while he lied to the court saying he was "homeless". Second, he is a mentally unstable, hostile person, who barely ever calls his daughters, even on Friday, when he is supposed to. Also, he only speaks to them for less than one minute each, then says he "has to get back to work". Furthermore, the court made an error and accidentally sealed his address in addition to mine, which was legally allowed to be sealed due to his the restraining order against him. So, when he went to correct it, apparently, he listed my address as his former address. I am assuming his relatives gave it to him. I am not sure. Now, on the public records website in Wisconsin, they show my supposedly "sealed" address, as his "former address". So, he then mails a certified notice of a hearing he has requested to make these child support and visitation changes to my current address. Yet, he claims on the actual pro se form that I have an "unknown address due to it being sealed by the court commissioner." The fact that he is continuing to be able to stalk and harass me years later is unbelievable. Why can't I get the case moved to Florida? I was told that even though the four of us live in Florida, that since he still lives in Wisconsin, it has to stay there, making it convenient and easily accessible for him to use the court as a tool for harassment, bringing meritless matters there and requests for changes that have already been heard 2 or 3 times already. How is allowed to get away with this? Isn't there anything that can be done about this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Attorney2 replied 1 year ago.

Welcome to JA and thank you for your question.

Is there anything in your divorce decree that required you to stay in Wisconsin?

Expert:  Attorney2 replied 1 year ago.

At this point in time if the divorce was handled in Wisconsin you would still be subject to that court's jurisdiction. That being said it sounds to me that you have suit against him.

At this point he is abusing the system. Have you considered seeking an injunction against him for harassment?

Customer: replied 1 year ago.
I explained that there was a 4-year injunction against him for harassment and stalking already. I was allowed to go to Florida and that is why he is ordered to only see the children in the state where we mow reside. He stole my car from the church parking lot while we were inside attending mass. Then, he sold it because it was marital property, under his name. We were staying in a family domestic abuse shelter at the time, and that church was the only place he knew where we would be. Also, even though he agreed to allow us to leave the state and move to WI, he had a sheriff track me down en route to the new house in Florida and threaten to have me arrested for child abduction across state lines. When, I told the sheriff he was lying, and that the court order allows us to leave and live in Florida, the sheriff was doubtful, saying" I never heard of a judge making a father go to another state when he has to work:. I suggested he check out the order at the courthouse, and do his investigating, before assisting a man with harassing his ex-wife in violation of a restraining order. He went and checked it ou and then called back and said to go on to Florida. Also, my ex-husband had the nerve to steal all of the contents of my two portable storage containers by telling the place to deliver them to his address in Milwaukee. This was his attempt to hold my stuff hostage and lure us to his house instead of leaving...I left with my daughters anyway. Then, he disposed of a lifetime of my memories, photos albums, furniture clothes and all of the children's toys, clothes and furniture....yet, claimed it was my fault for not "caring for my property".
Customer: replied 1 year ago.
what can/should I do?
Customer: replied 1 year ago.
your complete advice to my original dilemma, regarding how to handle this motion scheduled for 7/5 is to obtain an extension to the recently expired harassment injunction? Am I understanding you correctly? Because the injunction has not stopped him or affected his actions for the last four years, that seems secondary to my question regarding how to approach my response to his request to change everything for yet another hearing. Isn't there some statute preventing someone from repeating the same legal demand until they get the decision they want? No "double jeopardy" type deterrent to his abuse of the court system (and to me emotionally) in my situation??