TL;DR Summary for What constitutes a “substantial change in circumstances” in Wisconsin? Substantial change in circumstances: A legal requirement for modifying financial support orders (child support, family support, or maintenance) after divorce. Burden of proof: Payer: Must prove a substantial change to lower payments. Payee: Must prove a substantial change to increase payments. What is…
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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Who keeps the tax refund?
This is the time of year that we field a lot of questions from clients, and people seeking general information on how to file their income tax returns and who gets to keep the tax refund. People going through a divorce start to think that if they file separate, but married income taxes for the…
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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…
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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 exactly explained how you go about to receive child support? How do you go about to receive child support? How is the amount determined? When does it start? Does your spouse pay it to you or…
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How Many Bedrooms Does a Parent Need in Wisconsin?
TL;DR Summary for How Many Bedrooms Does a Parent Need in Wisconsin? No law in Wisconsin: There is no law requiring each child to have their own bedroom or bed for overnight placement during or after a divorce. Common sense prevails: Sleeping arrangements, like shared bedrooms or beds, are generally acceptable as long as they…
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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…
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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. Today’s blog will address the various scenarios for the length or term of maintenance. 1. HOLD OPEN. I have discussed this issue in a blog from last year…
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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…
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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…
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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…
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Ex Parte orders
How hard is it to go to court and have the judge or court commissioner sign an order, without a court hearing and without the other party being present to object? The answer is “very” at least in family court cases, and the likelihood that the judge or court commissioner would sign such an order…
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Family Support- What is it?
Family support is a hybrid of child support and maintenance combined together. It allows the person who is paying to deduct the payments, assuming all the requirements of sec. IRC 71 and 215 are met, and requires the payee to report the payments as taxable income. Child support is non taxable-non deductible. Maintenance (spousal support…
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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…
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Can You Deduct Temporary Maintenance Payments?
It is tax season. I am frequently asked if a person who is obligated under a temporary court order may deduct those maintenance (spousal support) payments, from their taxes. While there is no specific I.R.S. rule that says you can’t deduct them, one would need to comply with all of the conditions and terms under…
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Hold Open Child Support?
The other day on one of the “ask lawyer” internet web sites, someone posted a question of whether you could 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…
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School Choice – Who Makes It?
It is August and we are inching towards the school year starting for children. I receive numerous questions from clients and others this time of year, about who gets to decide where children will attend school. It is a frequent battle ground for divorced parents where they disagree on which school their children should attend….
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