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March 2nd, 2019 Blog

How to prove a parent is “unfit.”

Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
February 11th, 2019 Blog

Access to Medical Information involving minor children

If the other parent is granted sole custody, are you still allowed to access and receive your children's medical information? Sec. 767.41 (7m) of the Wisconsin Statutes answers that question; "(7m) MEDICAL AND MEDICAL HISTORY INFORMATION. (a) In making an order of legal custody, the court shall order a parent who is not granted legal…
February 4th, 2019 Blog

When do “variable costs” apply?

What are "variable costs?"  Wisconsin DCF 150 (29) definse "variable costs" as the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to the cost of child care, tuition, a child's special needs, and other activites that involve substantial cost.   2. When do "variable costs"…
January 30th, 2019 Blog

How Sick is “too sick?”

I am frequently asked whether a parent  must allow visitation or alternate periods of placement if their child is sick. While there is no clear legal anwer to that question or problem, I would think that common sense prevails. If the child is running a fever or vomiting, or is already under a doctor's instruction…
January 28th, 2019 Blog

Can you be compelled to do joint income taxes in a divorce?

This is a frequently asked quesiton. It is my opinion that a person cannot be forced as to file their federal income return jointly. A person has the right during the divorce to either file jointly, or file separate but married. The courts do not have legal authority either, in my opinion, to order a…
January 27th, 2019 Blog

Who can claim the child dependency exemption?

Under prior IRS tax laws, the custodial parent was allowed to claim a dependent child for tax purposes. The law allowed the custodial parent to waive or allocate the dependency exemption to the other parent, and also gave authority to family courts to order the custodial parent to waive the exemption and/or allocate to the…
January 24th, 2019 Blog

Child support modification- whose burden?

      When a party is seeking to modify a child support order, depending on the party making the request, they are the party required to prove the case. If someone is filing a motion to REDUCE the support payments, it is their burden to show a substantial and significant change in the financial…
January 16th, 2019 Blog

Marsy’s Law for Wisconsin

      There has been alot of talk this month (January 2019), about victim's rights in domestic abuse cases. Today's blog focuses on "Marsy's law."    Who is Marsy and what is her story? Marsy's law is named after Marsalee (Marsy) Nicholas. She was a student attending the University of California at Santa Barbara,…
January 7th, 2019 Blog

Is Maintenance Alive and well?

      The other day I wrote about the viability of section 71 payments, in light of the Tax Cuts and Jobs Act of 2017. As you may know, effective January 1, 2019, on any new cases dealing with maintenance, the payments are no longer deductible to the payer and no longer taxable income…
January 5th, 2019 Blog

Are section 71 payments extinct?

It's a new year, and with the new year, bring sweeping changes in the tax code as it affects maintenance payments. Under the 2017  Tax Cuts and Jobs Act, for any new cases after 1/1/19,  one can no longer deduct maintenance (alimony) payments, nor are they taxable income to the recipient.  In light of that,…
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