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STATE OF WISCONSIN CIRCUIT COURT DOUGLAS

STATE OF WISCONSIN CIRCUIT COURT DOUGLAS COUNTY FAMILY COURT BRANCH In re: the visitation of B.A.T. (D.O.B. 6/3/2011) and B.O.T. (D.O.B. 1/13/2014), JAMES C. THOLE 4016 South County Road U South Range, Wisconsin 54874, -and- KAREN L. HEISICK 4016 South County Road U South Range, Wisconsin 54874, Petitioners, -and- DYLAN A. HEISICK-THOLE 4016 South County Road U South Range, Wisconsin 54874, -and- JESSICA K. CHAPMAN 519 Greenwood Avenue Superior, Wisconsin 54880, Respondents. Case No.: 22 FA ____ 40803: Unclassified SUMMONS TO THE PERSONS NAMED ABOVE AS RESPONDENTS: You are notified that the petitioners named above have filed a legal action against you. The petition, which is attached, states the nature and basis of the legal action. Within twenty (20) days of receiving this summons, you must respond with a written answer, as that term is used in Chapter 802 of the Wisconsin Statutes, to the petition. The court may reject or disregard any answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the Douglas County Clerk of Courts, Douglas County Courthouse, 1313 Belknap Street, Room 309, Superior, Wisconsin 54880 and to the petitioners’ attorney, Garrett M. Gondik, whose address is 1215 Belknap Street, Superior, Wisconsin 54880. You may have an attorney help or represent you. If you do not provide a proper answer within twenty (20) days, the Court may grant judgment against you for the award of money or other legal action requested in the accompanying Petition and you may lose your right to object to anything that is incorrect in the accompanying Petition. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. You are further notified of the availability of information set forth in Wis. Stat. § 767.105 from the office of family court commissioner, which provides as follows: 767.105 Information from the office of family court commissioner. (1) Information on available services. Upon the filing of an action affecting the family, the office of family court commissioner shall inform the parties of any services, including referral services, offered by the office of family court commissioner and by the director of family court services under s. 767.405. (2) Other information on request. Upon request of a party to an action affecting the family, including a revision of judgment or order under s. 767.451 or 767.59: (a) The office of family court commissioner shall, with or without charge, provide the party with written information on the following, as appropriate to the action commenced: 1.The procedure for obtaining a judgment or order in the action. 2. The major issues usually addressed in such an action. 3. Community resources and family court services available to assist the parties. 4. The procedure for setting, modifying and enforcing child support awards or modifying and enforcing legal custody or physical placement judgments or orders. (b) The office of family court commissioner shall provide a party, for inspection or purchase, with a copy of the statutory provisions in this chapter generally pertinent to the action. You are further notified that if you and the petitioner have a minor child, violation of the following criminal statute is punishable by a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both: 948.31 Interference with custody by parent or others. (1)(a) In this subsection, “legal custodian of a child” means: 1. A parent or other person having legal custody of the child under an order or judgment in an action for divorce, legal separation, annulment, child custody, paternity, guardianship or habeas corpus. 2. The department of health and family services or the department of corrections or any person, county department under s. 46.215, 46.22 or 46.23 or licensed child welfare agency, if custody or supervision of the child has been transferred under ch. 48 or 938 to that department, person or agency. (b) Except as provided under chs. 48 and 938, whoever intentionally causes a child to leave, takes a child away or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period from a legal custodian with intent to deprive the custodian of his or her custody rights without the consent of the custodian is guilty of a Class F felony. This paragraph is not applicable if the court has entered an order authorizing the person to so take or withhold the child. The fact that joint legal custody has been awarded to both parents by a court does not preclude a court from finding that one parent has committed a violation of this paragraph. (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child’s parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.803, from the child’s mother or, if he has been granted legal custody, the child’s father, without the consent of the parents, the mother or the father with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child. (3) Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class F felony: (a) Intentionally conceals a child from the child’s other parent. (b) After being served with process in an action affecting the family but prior to the issuance of a temporary or final order determining child custody rights, takes the child or causes the child to leave with intent to deprive the other parent of physical custody as defined in s. 822.02(14). (c) After issuance of a temporary or final order specifying joint legal custody rights and periods of physical placement, takes a child from or causes a child to leave the other parent in violation of the order or withholds a child for more than 12 hours beyond the court-approved period of physical placement or visitation period. (4)(a) It is an affirmative defense to prosecution for violation of this section if the action: 1. Is taken by a parent or by a person authorized by a parent to protect his or her child in a situation in which the parent or authorized person reasonably believes that there is a threat of physical harm or sexual assault to the child; 2. Is taken by a parent fleeing in a situation in which the parent reasonably believes that there is a threat of physical harm or sexual assault to himself or herself; 3. Is consented to by the other parent or any other person or agency having legal custody of the child; or 4. Is otherwise authorized by law. (b) A defendant who raises an affirmative defense has the burden of proving the defense by a preponderance of the evidence. (5) The venue of an action under this section is prescribed in s. 971.19(8). (6) In addition to any other penalties provided for violation of this section, a court may order a violator to pay restitution, regardless of whether the violator is placed on probation under s. 973.09, to provide reimbursement for any reasonable expenses incurred by any person or any governmental entity in locating and returning the child. Any such amounts paid by the violator shall be paid to the person or governmental entity which incurred the expense on a prorated basis. Upon the application of any interested party, the court shall hold an evidentiary hearing to determine the amount of reasonable expenses. Accompanying this Summons is a document setting forth the percentage standard for child support established by the Department of Children and Families under Wis. Stat. § 49.22(9) and listing the factors that a court may consider for modification of that standard under Wis. Stat. § 767.511(1m), and a copy of Wis. Stat. § 767.41(1m) or a standard parenting plan form used in the county, provided without charge by the clerk of court. If you require services because of a disability, please call (715)-395-1203. Dated this 9th day of March, 2022. /s/ GARRETT M. GONDIK, GARRETT M. GONDIK, #1114261 GONDIK LAW, S.C. Attorneys for Petitioners 1215 Belknap Street Superior, WI 54880 (715) 395-3180 richardgondik@gmail.com Wisconsin Department of Children and Families Child Support Percentage of Income Standards Authority and Purpose Section 49.22(9) requires the Department to adopt and publish a standard, based upon a percentage of the gross income and assets of either or both parents, to be used by courts in determining child support obligations. Chapter DCF 150 of the Wisconsin Administrative Code establishes Wisconsin’s percentage of income standard for child support. It is based on the principle that the child’s standard of living should, to the degree possible, be the same as if the child’s parents were living together. Chapter DCF 150 defines the income on which the support obligation is based, and sets the percentages of income for computing the support obligation based on a number of children. It also explains optional procedures for adjusting the obligation when the parents share placement, when the payer has an obligation to support another family, or when the payer has particularly high or low income. Applicability The percentage standard applies to any temporary and final order for child support, including child support stipulations agreed to by both parents and modifications of existing child support orders. When used to calculate family support, the amount determined under the standard should be increased by the amount necessary to provide a net family support payment, after state and federal income taxes are paid, of at least the amount of a child support payment under the standard. Definition of Income And Assets Chapter DCF 150 defines gross income as income from any source, whether or not it is reported or taxed under federal law. The income may be in the form of money, property, or services. Public assistance or child support received from previous marriages or business expenses, which the court determines are reasonably necessary for the production of income or operation of a business are subtracted, and wages paid to dependent household members are added to determine “gross income available for child support.” The court may also determine that income may be “imputed” (assumed at a given level) based on earning capacity and/or assets, and that imputed income is added to the gross income for the calculation of the support obligation. THE PERCENTAGE STANDARD The following are the percentages: 17% for one child 25% for two children 29% for three children 31% for four children 34% for five or more children Wisconsin Statutes require temporary and final support orders to be expressed as fixed sum in most situations. For further details, refer to chapter DCF 150 of the Wisconsin Administrative Code and Wisconsin Statute 767 Actions Affecting the Family. (Choose “Wisconsin Law” on http://www.legis.wisconsin.gov.) Statutory Factors Courts May Consider In Determining Child Support Awards for Paternity, Divorce, or Legal Separation 767.511, Child support. (1m) Upon request by a party, the court may modify the amount of child support payments determined under § 767.511(1j) if, after considering the following factors, the court finds by the greater weight of the credible evidence that use of the percentage standard is unfair to the child or to any of the parties: (a) The financial resources of the child. (b) The financial resources of both parents. (bj) Maintenance received by either party. (bp) The needs of each party in order to support himself or herself at a level equal to or greater than that established under 42 USC 9902(2). (bz) The needs of any person, other than the child, whom either party is legally obligated to support. (c) If the parties were married, the standard of living the child would have enjoyed had the marriage not ended in annulment, divorce or legal separation. (d) The desirability that the custodian remain in the home as a full-time parent. (e) The cost of day care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home. (ej) The award of substantial periods of physical placement to both parents. (em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under § 767.41. (f) The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under sub. (4m). (g) The child’s educational needs. (h) The tax consequences to each party. (hm) The best interests of the child. (hs) The earning capacity of each parent, based on each parent’s education, training and work experience and the availability of work in or near the parent’s community. (i) Any other factors which the court in each case determines are relevant. 767.41 Custody and physical placement. (1m) PARENTING PLAN. Unless the court orders otherwise, in an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s. 767.001 (1) (e), 767.501, or 767.805 (3), in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court if the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if the parties attend mediation and the mediator notifies the court under s. 767.405 (12) (b) that the parties have not reached an agreement. Unless the court orders otherwise, the parenting plan shall be filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that no agreement has been reached. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party’s parenting plan. A parenting plan shall provide information about the following questions: (a) What legal custody or physical placement the parent is seeking. (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years. (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works. (d) Who will provide any necessary child care when the parent cannot and who will pay for the child care. (e) Where the child will go to school. (f) What doctor or health care facility will provide medical care for the child. (g) How the child’s medical expenses will be paid. (h) What the child’s religious commitment will be, if any. (i) Who will make decisions about the child’s education, medical care, choice of child care providers and extracurricular activities. (j) How the holidays will be divided. (k) What the child’s summer schedule will be. (L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan, and what electronic communication, if any, the parent is seeking. (Lm) Whether equipment for providing electronic communication is reasonably available to both parents. (m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making. (n) What child support, family support, maintenance or other income transfer there will be. (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties. (April 1, 8 & 15, 2022) 47914 WNAXLP