Interestingly, over the last few days, several people have asked me the same question; that is, can you get your own guardian ad litem appointed, or bring some other person to court for your child as their guardian ad litem? The answer under Wisconsin law is “no.” The court appoints the guardian ad litem. Whenever…
Parenting & Kids
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
-
Different placement arrangements in Wisconsin
There is an old saying that “one size fits all,” but when it comes to placement of minor children in a divorce, there are a myriad of different placement arrangements that might work for one family, and for the next family it could be a train wreck. What works for one, doesn’t necessarily equate in…
-
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 paid…
-
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…
-
Name on a birth certificate.
There probably isn’t a day that goes by where I read a question posted on Avvo or Lawyers.com or we receive at our web site, about placing the father’s name on a child’s birth certificate to determine that they are the father. We are obviously talking about a situation here where the child is born…
-
“I want 50/50 placement!”
We meet with a lot of individuals going through a divorce who come into the office and advocate that they want “50/50 placement.” To me, that is like nails on a chalkboard because it really tells us nothing. It is particularly annoying when they make the same advocacy to the guardian ad litem and/or the…
-
Curbside Pickup
You are going through a divorce and one of the lawyers or the guardian ad litem mentions that during the exchange of the children, there should be “curbside pickup.” You shake your head not having any idea what “curbside pickup” means, why it is necessary, and what effect, if it may have on your children….
-
Child support errors- Pro se Litigants
I have done a number of recent blogs about mistakes pro se litigants make. No, I am not picking on people who represent themselves when getting a divorce. Instead, the purpose of this series of blogs on the topic, is to avoid other people going through a divorce making similar mistakes. As many as 50%…
-
Forgiveness of Child support Arrears
There have been a flurry of questions posed on some of the “ask lawyer” web sites like AVVO and LAWYERS.COM about whether a person can file a motion or request with the court to be relieved of their built up child support arrearages. The answer is no. The only person who can compromise or forgive…
-
Supervised visitation; When is it ordered in Wisconsin?
I answer a lot of questions trying to help people on the law sites, AVVO and LAWYERS.COM. Many of them have to do with visitation disputes, and in particular, people are concerned that their former spouse or ex boyfriend or girlfriend is a potential danger or threat to their children. They want to know under…
-
IRS form 8332; child dependency exemption
A frequently asked question is which parent in a divorce can claim the tax dependency exemption for the minor child? Under Federal law, the custodial parent is automatically entitled to claim the child as a tax dependency exemption. However, the exemption can be waived either by the custodial parent agreeing to the waiver or by…
-
Does a birth certificate establish paternity in Wisconsin?
The answer to the headline to today’s blog is no, at least not under Wisconsin law. This is a frequently asked question where people believe that if a person’s name goes on the birth certificate, that legally establishes the person as being the biological father. This is legally incorrect. There are two ways that paternity…
-
When does child support end in Wisconsin?
When you are under a support obligation for little children, it seems as though that obligation for support may never go away. At some point though, a parent no longer is obligated to pay support. When, under Wisconsin law does that duty end? The answer lies in sec. 767.511 (4) and reads as follows; “AGE…
-
Paternity Jurisdiction over a non-resident in Wisconsin
Today we are exploring how the courts in Wisconsin has the power to determine paternity over a person who doesn’t live in this state. Since we live in a transient society, this happens more often than you might have thought. The answer to how the court can exercise jurisdiction lies in sec. 769.201 of the…
-
Access to Children’s records under Wisconsin’s custody laws
If you get divorced in Wisconsin and the other parent has custody, are you foreclosed from receiving copies of your children’s medical, dental and school records? The answer lies at sec. 767.41 (7) of the Wisconsin Statutes; (7) ACCESS TO RECORDS. (a) Except under par. (b), or unless otherwise ordered by the court, access to…
-
Third party contempt
Often, pro se litigants get upset when third parties interfere in their children’s affairs. This can include new significant others mostly, and sometimes grandparents or other close relatives. When you have a third party who interfered and acts as an intermeddler, they want the court to find them in contempt. It can be a situation…
-
Failure to exercise placement under Wisconsin custody laws
Under what authority can someone attempt to modify physical placement, based on the fact that one parent repeatedly and unreasonably fails to exercise their court ordered placement time with the minor children? This is not as uncommon a problem as you might expect. If you are the primary parent and have concerns when the other…
-
2 Year Prohibition On Modifying Custody in Wisconsin
There seems to be a lot of confusion lately over the statutory provision in Wisconsin that bars a litigant from coming back into court to litigate custody and placement, within two years from the date of their final judgment or orders. You can only petition or file a motion to modify within the two years,…
-
Joint Decision Making
We field a lot of questions with persons who have been divorced who don’t seem to have a full understanding of what joint custody of minor children means. They wind up making a decision about the child, without consulting or informing the other parent, and once their ex spouse learns of the decision, they wind…
-
What Are “Variable Costs?”
I deal with a number of disputes over “variable costs.” It seems that a number of litigants do not understand what variable expenses are, when they come into play and how each party is to be held responsible for such costs. If there is a traditional placement arrangement of children, where one parent has primary…
Featured Review of
Karp & Iancu, S.C. Family & Divorce Lawyers
by Douglas T. on Google
"The representation by Karp & Iancu that I received was very helpful to guide me through the difficult passage from marriage to divorce. I would highly recommend retaining Karp & Iancu as they were able to provide highly valuable information and guidance to reach an amicable settlement with my spouse."
We’re Proud of Our 5.0 Rating Across 400+ Reviews on Google