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January 16th, 2019 Blog

Marsy’s Law for Wisconsin

      There has been a lot 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…
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 to…
January 5th, 2019 Blog

Are section 71 payments extinct in Wisconsin?

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,…
December 28th, 2018 Blog

What to expect at a domestic violence hearing.

  I  have written several blogs this month on the very important issue of domestic violence. We are trying to bring awareness to this very serious issue. I wrote a blog about how a respondent can defend themselves in a domestic abuse hearing and what to expect at the injunction hearing. Today's blog focuses on…
December 26th, 2018 Blog

Failing to report acts of domestic violence.

The biggest mistake an individual can make who has been the victim of domestic violence is to do nothing. Every threat, every push, every shove, every poke, every punch, every slap, every blocked entry, every choking, every kicking, every being pinned down, every sexual unwanted touching should be documented. This means reporting the incidents as…
December 23rd, 2018 Blog

Sloppy Lawyering in divorce cases

I’ve had a rash of phone calls and meetings this month with prospective new clients who are currently represented by an attorney, but are unhappy with the representation and thinking of making a change. I thought it might be interesting to discuss in today’s blog, some of the things I’ve observed, when I have a…
December 21st, 2018 Blog

Traveling with minor children out of state

The holidays are upon us and I receive numerous questions and phone calls on whether you need to consent of the other parent or a court order to travel with children over the holidays. The answer is no. There is a law in Wisconsin that you cannot move the children  more than 100 miles from…
December 19th, 2018 Blog

How is Jurisdiction established in a Domestic Injunction case?

I was asked the other day, whether someone who resides out of state is subject to jurisdiction within the state when a person is seeking a domestic abuse injunction or restraining order. Where in the statutes would one find is someone subject to the jurisdiction of the court? Can an out of state resident be…
December 18th, 2018 Blog

How to defend against a Domestic Violence Injunction

It is not uncommon at the inception of divorce cases, that one of the parties raises allegations of threats of domestic violence or has engaged in some physical act that could arguably be domestic violence. What can one do to defend against such allegations? What happens at an injunction hearing? Should you hire an attorney?…
December 17th, 2018 Blog

Anticipatory contempt

  I have been getting questions on whether someone can file a contempt motion for someone making a threat. It goes something like this: parties live in different states, and one of the parents makes a "threat" that they are not going to return the children following their court ordered visitation.  Can you file a…
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