It is a frequent problem when completing a divorce case, that where there are retirement benefits to divide, one of the parties fails to pay their portion of the drafting fees, and the QDROs do not get completed. Completing the QDROs (qualified domestic relations orders) is essential for the protection of the non-employee spouse, to…
Post-Divorce
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:
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Family Support- What is it?
Family support is a hybrid of child support and maintenance. Under prior tax laws, it allowed the person who is paying the support payments to deduct them from their taxes, assuming all of the previous requirements of sec. IRC 71 and 215 were met, and required the payee-recipient to report the payments as taxable income….
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Ex Parte Orders
How hard is it to request of the court that they sign an “Ex Parte order,” without a court hearing and without the other party being present to object? The answer is “difficult” at best, and depending what the facts and circumstances are that give rise to the request. “Ex parte” is a Latin legal…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has explained exactly how you go about receiving child support. How do you go about receiving child support? How is the amount determined? When does it start? Does your spouse pay it to you or the employer?…
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Common Questions a Guardian ad Litem Will Ask You and Your Child
BEST Guardian Ad Litem Home Visit Checklist What Not to Say to a Guardian Ad Litem and What to Expect the First Time You Meet A Guardian ad Litem investigation typically occurs when the parties involved are unable to reach an agreement on custody or placement decisions for their children. When the parties cannot resolve…
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Paying Maintenance Arrears in Wisconsin
Spousal Support Enforcement Wisconsin This article was originally written by attorney David Karp and published on wisbar.org (link). Enforcing Unpaid Spousal Support (Maintenance Arrears) in Wisconsin If your ex-spouse fails to pay court-ordered maintenance (spousal support), you can take legal action to enforce payment in Wisconsin. Potential remedies include: Filing a contempt motion — the…
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Maintenance; How long in Wisconsin?
One of the issues that creeps up when dealing with a maintenance issue (spousal support), is the question of how long should the term of maintenance be. What are the options when it comes to spousal support? 1. HOLD OPEN. A “hold open” means a person is reserving the right to go back into court…
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Hold Open Child Support?
Can you waive or hold open child support? The answer to the former is no and the answer to the latter is yes. You cannot waive child support pursuant to a martial settlement agreement, as it is a right that belongs to the child. However, parties can agree in their marital settlement agreement, to “hold…
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Restricted and Supervised Visitation
When a party going through a divorce is concerned that the other parent may pose a risk to the children, what safeguards can be put in place by the court to protect the children during their periods of placement? First, there must be a showing that the parent poses a legitimate risk of exposing the…
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Collecting Retroactive Child Support in Wisconsin
Collecting Retroactive Child Support in Wisconsin When can you collect back child support owed? From the birth of the children? From the time you separate? From the time you file a motion with the court? From the time the other party is served with the motion for court? From the time you are in court…
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When does a divorce agreement become binding?
There is a fair amount of misconceptions about the legalities of agreements when going through a divorce. TL;DR Summary of When does a divorce agreement become binding? Informal agreements like “handshake deals,” notarized documents, or even signed written agreements are not legally binding on their own in a divorce case. For any agreement to be…
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Child Custody vs. Child Placement: What is the Difference?
Child Custody vs. Placement Understanding Custody vs. Placement in Wisconsin Family Law Custody and placement are two key concepts in family law that are often misunderstood or used interchangeably, but they are fundamentally different and, in some cases, not even related! Understanding the distinction between them is crucial, especially in the context of Wisconsin…
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What is a QDRO and Do I Need One?
QDROs are specialized court orders used to divide qualified retirement assets. TL;DR Summary of What is a QDRO and Do I Need One? A Qualified Domestic Relations Order (QDRO) is a specialized court order required to divide certain retirement assets, such as pensions and 401(k)s (but not IRAs), during a divorce. Its primary purpose is…
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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…
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Who Gets the Dog in a Divorce?
TL;DR Summary for Who Gets the Dog in a Divorce? In Wisconsin, pets are legally considered personal property in divorce cases, which means they are treated like cars or furniture during property division. However, if both parties agree, the court may allow for pet “custody” and visitation arrangements. If an agreement can’t be reached, the…
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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…
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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…
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Annual Exchange of Financial Information in Wisconsin
TL;DR Summary for Annual Exchange of Financial Information in Wisconsin Annual exchange of financial information: Wisconsin law requires both parents in a divorce with child support or family support to exchange financial information annually. What must be exchanged?: While the statute doesn’t specify exactly, typically it includes W-2s, 1099s, and sometimes tax returns. The parties…
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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?…
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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…
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