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My brothers ex wife died. he's still paying child support…

Customer Question
My brothers ex wife...

My brothers ex wife died. he's still paying child support and though paternity was established, he's not listed on the birth certificate. he needs to get the kids social security started and child support stopped. what's the first step? This is from Wisconsin-

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Wisconsin

Lawyer's Assistant: Have you talked to a lawyer yet?

No, we were hoping he could manage the process without it. he's spent so much on funeral costs, moving, etc. that he's struggling already.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of. thank you

Submitted: 8 months ago.Category: Family Law
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Answered in 3 minutes by:
11/15/2017
Family Lawyer: LegalGems, Lawyer replied 8 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,602
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

I am sorry to hear this; Was paternity established by a court order?

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Thank you;

that court would, under the UCCJEA, have continuing and exclusive jurisdiction over issues pertaining to the child. In emergency situations a parent can petition the court ex parte to get immediate custody.

This is authorized by the following statute:

https://docs.legis.wisconsin.gov/statutes/statutes/801/15/4

http://legis.wisconsin.gov/lc/publications/lca/lca_2002_01.pdf

If paternity has been established then the father has an immediate right to custody unless there is a court order to the contrary or a restraining or protective order.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

If the child support is being garnished the court will need to revoke that garnishment. Otherwise a motion should be filed to terminate any support orders.

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Family Lawyer: LegalGems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

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if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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