Helpful Articles: After A Divorce
March 30th, 2021
When can we legally sell or refinance the house in a divorce?
The Answer Depends on Your Goals (and Your Relationship with your Spouse). Whether or not you sell or refinance your house will depend on several considerations: Does one of you want to keep living in the house? Can that person afford the house on his or her own? How good is your credit? Can you…
March 22nd, 2021
What Happens With Stimulus Payments in a Divorce?
Are you and your spouse living apart? Are you wondering where your stimulus check will land? What happens if your spouse takes your check? And do parents have to share stimulus money received for the children? Why did we each get stimulus checks for the same child? Learn the answers to these questions and more!…
February 22nd, 2021
What Happens to an Adopted Child During (and After) a Divorce?
The Same Thing as a Biological Child. Did you and your spouse adopt a child? Did you adopt your stepchild and make him your own? Are you worried that adopted children may be treated differently in a divorce? Parents of adopted children need not fear! Read on for reassurance about how your relationship with an…
February 15th, 2021
Who Gets the Dog in a Divorce?
You’ve heard of unhappy couples “staying together for the children,” but what if those “children” are fur babies? Some pet parents care as much for their animals as other parents do for their human children. But is there such a thing as “pet custody?” Who gets the dog in a divorce? Read on to find…
January 25th, 2021
Child Custody vs. Child Placement: What is the Difference?
Custody and Placement are two family law concepts that are often confused or used interchangeably. However, they are very different and are, in some ways, not even related! In Wisconsin, child custody refers to the right of a parent to make major decisions for the child. Major decisions include such things as consent to marry,…
January 22nd, 2021
May a Woman Use Her Former Surname After Divorce?
Find out who is eligible for a name change upon divorce, how to change your name, and what your spouse can do to stop you. Also learn whether you can force your spouse to stop using your last name and what statute applies to name changes at the time of divorce. Yes. At the time…
January 22nd, 2021
Will My Kids Get to Choose Where They Live After a Divorce?
This is a very common question among divorcing parents and one of the main concerns parents have when they are going through the divorce process. The good news (or bad news, depending on your perspective), is that in Wisconsin children do not get to choose where they live. You may have heard rumors that children…
October 14th, 2020
Paying Maintenance Arrears in Wisconsin
You Probably Can't Avoid It. This article was originally written by attorney David Karp and published on wisbar.org (link). When two people file for divorce, depending on differing levels of income, one spouse may be owed financial support from the other spouse with respect to child support, family support payments, or maintenance payments. Spousal maintenance…
July 21st, 2020
Nesting: An Alternative Placement Arrangement
When most think of divorced families with children, they think of the children being shuffled to and from one parent’s house to the other. But there is another option–nesting arrangements. A nesting arrangement is when the children stay in the familial home and the parents rotate in and out depending on their placement schedule. A…
June 16th, 2020
Are Guardian Ad Litems Neutral?
The other day on one of the "ask lawyer" web sites, someone posted a note asking if court appointed guardian ad litems are neutral and unbiased? They felt the guardian ad litem was against them and were advocating their removal from the case. Most of the responses provided by other lawyers to the inquiry was…
June 16th, 2020
Annual Exchange of Financial Information in Wisconsin
Over the last few days, I have fielded a number of questions dealing with the law in Wisconsin that requires an annual exchange of financial information when divorced with children. Many don't even know the law exists, or there is a such a requirement. Others ask me, what is the due date for the exchange?…
June 10th, 2019
When can you request a change in Custody in Wisconsin?
We take numerous inquiries day in and day out from individuals who have gone through a family law case and are interested in changing custody. How does one go about it? Are there time restricitions for doing so? What is the burden of proof? What type of evidence does one need to modify the existing orders?…
April 29th, 2019
When does a divorce agreement become binding?
There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. Today's blog, tackles some of those myths and resolves the question when and how does a divorce agreement become binding? Handshake deals. Informal agreements between the parties, what are commonly known as a "handshake deal" clearly are not legally…
April 25th, 2019
Child Custody Calculator in Wisconsin
CALCULATING CHILD CUSTODY IN WISCONSIN Is there a way to calculate who gets custody of minor children when going through a divorce in Wisconsin? There are basically two forms of placement of minor children in Wisconsin when going through a divorce; a. Primary Placement. This traditional placement arrangement puts the children primarily in one parent's home…
November 14th, 2018
Day care expenses and child support
You have little children at home and both of you work. You are going through a divorce and wonder how day care is going to be paid for. Does child support cover day care costs? Are day care costs covered separately over and above child support? Are day care costs considered "variable costs" and…
October 18th, 2018
What is a QDRO and do I need one?
QDROs are specialized court orders used to divide qualified retirement assets. What is a QDRO and how does it work? “QDRO” (commonly pronounced “cue-droh” or “kwah-droh”) is an acronym that stands for Qualified Domestic Relations Order. A QDRO is a special kind of court order that is required to divide certain retirement assets (typically defined…
October 11th, 2018
Ex Parte Orders
Litigants going through a divorce have a perception that nearly everything about their case is "urgent" or an "emergency." From the lawyer's perspective and the court's perspective, most of what the parties may feel is urgent or an emergency, rarely is. However, there are situations that truly are urgent and can be considered an…
August 11th, 2018
Revisions to Child support in Wisconsin
Effective July 1, 2018, there are changes to the child support laws in the state of Wisconsin. The standard for determining child support changed, including revising "variable costs" where parents have shared or equal placement of their children. Under the previous law, "variable costs" were defined as "the reasonable costs above basic support costs incurred…
June 2nd, 2018
Grandparents’ visitation rights at risk in Wisconsin?
The Wisconsin Court of Appeals recently certified a case to the Wisconsin Supreme Court, which accepted, could impact on grandparent's visitation rights in the state of Wisconsin. The case is Michels v. Lyons, 2017 AP 1142 and the issue as pointed out in the certification is to clarify the standard of proof required for a…
April 19th, 2018
Child support beyond 18?
Under Wisconsin law, child support ends at the 18th birthday, or if still in high school to graduate, no later than the 19th bitthday. People many times ask if there are circumstances to get support after that point? 1. A child with special needs. Under the current law, even though an adult child may have…
April 9th, 2018
Different ways to calculate child support in Wisconsin
Check out our simple-to-use Wisconsin Child Support Calculator here. When going through a divorce in Wisconsin, and where there are minor children involved, there are two different formulas for calculating child support. Many times, we see custody battles that are not really custody battles at all, but rather disguised child support concerns; more time, equals…
April 6th, 2018
Collecting on your ex spouse’s social security
A lot of people going through a divorce, may not know or realize that they may be eligible at retirement age, to start drawing social security on their ex spouse's account. In order to do so, you must meet certain rules as outlined by the Social Security Administration. Forty three percent of unmarried older U.S.…
March 7th, 2018
Waiver of 6 month waiting period for remarriage in Wisconsin
Periodically, I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the…
February 28th, 2018
Common Questions a Guardian ad Litem Will Ask You and Your Child
And What to Expect The First Time You Meet A Guardian ad Litem investigation typically happens when the parties cannot agree on a custody or placement determination regarding their children. When the parties cannot resolve child-related issues on their own, the court appoints an attorney to investigate the children’s best interests and to make a…
February 23rd, 2018
