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April 23rd, 2019 Blog

Is it better to settle or better to go to court?

SETTLEMENT OR LITIGATION? Every couple going through a divorce are faced with the situation of whether to settle the case or take their chances and have a trial before the court. Which is better? We always strive to help our clients settle the case, if at all possible. By settling, you are in control of…
April 23rd, 2019 Blog

How to calculate child support in the state of Wisconsin

How do you calculate child support in the State of Wisconsin? The answer depends on what type of placement there is. Traditional placement. Where one parent has the child 75% or more of the time, and the other parent visits, the non-custodial parent pays a percentage of their gross monthly income for child support purposes;…
April 23rd, 2019 Blog

How to calculate property division in Wisconsin when getting a divorce

Is there any easy to use formula for how to calculate how property gets divided up when going through a divorce?  Wisconsin is a community property state, which means, that all property acquired either before or during the marriage is subject to equal property division. The only property that is excluded from equal property division,…
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 in Wisconsin?

What are "variable costs?"  Wisconsin DCF 150 (29) defines "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 activities 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 answer 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 question 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 circumstances to…
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