Sometimes fairness dictates that spouses must continue to share income after the divorce. This can happen, for example, when the parties have had a long marriage and only one party was the primary income-earner, or when one party needs a little extra time to establish a professional earning history that will allow him or her…
Property, Debt, & Finances
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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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…
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Financial Disclosure Statements in an Uncontested Divorce
In an uncontested divorce, the parties agree to end the marriage without litigation. Sometimes, they may even have laid out what each spouse will walk away with from the marriage. So why does each spouse have to share financials with each other? Why You Need a Financial Disclosure Statement There are two reasons for this….
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The Importance of a Financial Disclosure Statement
When going through a divorce or legal separation, one of the most important documents you will need to complete is a financial disclosure statement under oath. In Wisconsin, there is a strong emphases on the importance of this financial disclosure statement, which is to be completed by both parties on an annual basis. Financial Disclosure…
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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?…
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Child Support: How Do You Calculate Income?
I was asked the other day when computing child support, what should you be looking at? Should you be looking at current income, last year’s income, year to date income, or some combination of all the above? What is the most accurate portrayal of a person’s income for purposes of calculating child support? Where to…
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How Will Divorce Affect My Taxes in Wisconsin?
Tax reform is an important topic in the news currently, in part due to the fact that the recent Tax Cuts and Jobs Act have a significant impact on what happens to people’s taxes when they are getting a divorce in Wisconsin. Common Wisconsin Tax Deductions and Exemptions Most people are aware that when you…
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How low can you go?
Sometimes when people are going thru a divorce, they start to fight over the most petty and sometimes silly things. I thought it might make for an interesting blog to discuss some of the things that I have seen over the years and things you should definitely NOT be arguing about when going through a divorce….
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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…
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How to calculate child support in the state of Wisconsin
How do you calculate child support in the State of Wisconsin? The answer depends on what type of placement there is. Traditional placement. Where one parent has the child 75% or more of the time, and the other parent visits, the non-custodial parent pays a percentage of their gross monthly income for child support purposes;…
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When do “variable costs” apply in Wisconsin?
What are “variable costs?” Wisconsin DCF 150 (29) defines “variable costs” as the reasonable costs above basic support costs incurred by or on behalf of a child, including but not limited to the cost of child care, tuition, a child’s special needs, and other activities that involve substantial cost. 2. When do “variable costs”…
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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,…
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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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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…
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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…
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Who gets the Diamond Ring?
When getting a divorce, who gets to keep the diamond engagement/wedding ring? When a couple are engaged and do not get married, in Wisconsin, the law is the ring gets returned to the person who bought it, irrespective of who broke off the engagement. The ring must be returned. What happens in a divorce case?…
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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…
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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…
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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….
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Can one attorney represent both parties in a divorce in Wisconsin? part 2
The other day I wrote a blog on whether one lawyer can represent both parties in a divorce case. The traditional view has been that the attorney cannot do so as it is an inherent conflict of interest. I subscribe to the traditional view. However, there is a countervailing view under the new Wisconsin’s limited…
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Child dependency exemption under the Tax Cuts and Job Act
I have been receiving numerous inquiries on whether under the Tax Cuts and Job Act of 2017, has affected the ability to still claim your children or dependents as an exemption. The Tax Cuts and Job Act has eliminated any personal exemptions. Instead, the new tax law has boosted the standard deduction and increased the…
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Contingency Fees in Family law Cases?
I was asked recently if we could handle a divorce for a contingent fee, much like personal injury lawyers charge 1/3 for representing victims in accident cases. It is an interesting thought. Since 50-70% of all family law cases are pro se litigants, if a person going through a divorce or other family law case…
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Court Sanctions in Wisconsin
Sometimes litigants going through a civil matter, do not understand the significance of complying with court orders or rules and laws that govern pre-trial matters. There is a duty to cooperate with discovery under Chapter 804; that means timely complying with discovery requests, such as written interrogatories, that must be answered under oath within 30…
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What happens when QDRO fees are not paid.
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…
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Buying a new car in the middle of a divorce
Sometimes in the middle of a divorce, your car breaks down and you realize that it is time to replace that old junker and get a new car. Can you do that in the middle of a divorce? If so, is it marital property? Can you take a loan out on the car? What happens…
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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 and the court orders support? Under…
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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%…
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How to file an extension on your taxes
We are closing in the April 18 tax deadline for filing of income tax returns. What can you do if you aren’t prepared to file your income taxes? Every taxpayer has the right to request an extension, and you don’t really need to give a reason. The IRS will give you one, no questions asked….
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Waiver of Maintenance in Wisconsin
You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. First off, what is maintenance? Maintenance is the right to…
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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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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…
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Pre-Marital Assets; exempt under Wisconsin law?
I have been getting a lot of questions and inquiries lately on how pre-marital assets are treated in a divorce case under Wisconsin law. Are the assets exempt from property division or are they divisible under Wisconsin law? All property in a divorce case in Wisconsin, whether acquired before the marriage or during the marriage…
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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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Cohabitation can affect maintenance payments in Wisconsin
Under Wisconsin law, when you are receiving maintenance payments (better commonly known as “alimony”) and if you get remarried, your payments automatically stop under Wisconsin law. What happens, if you live with someone instead? Do your payments automatically stop? Under the law in this state, cohabitation is a factor that the court can consider in…
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Is Wisconsin a 50/50 state for divorce?
It is surprising that most people don’t know the answer to this question. We are frequently asked the question and the answer is yes. Wisconsin, since 1977, has been a marital property law state when it comes to a family getting a divorce or legal separation in Wisconsin. This means that there is a legal…
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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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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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Failure to File a Financial Disclosure Statement in Wisconsin
You are involved in a divorce and your spouse has decided to go at it alone without a lawyer. While they have a right to do that, they also at the same time, must comply with the laws and procedures under the family code, chapter 767 of the Wisconsin Statutes. One of those requirements, is…
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Selling off property in the middle of a divorce
Someone asked me the other day if you need money, can you start selling off property in the middle of the divorce? The answer is generally no, as there is a statutory prohibition for doing so, once the divorce is filed. There are some exceptions and I will cover those as well. WI STAT. 767.117…
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Can My Lawyer Drop My Case If I Don’t Pay?
A frequently asked question, and an all to frequent occurrence, is a client who is in the middle of a divorce, and has stopped paying attorney’s fees. There are usually two reasons why a client stops payment to the attorney; 1. They simply don’t have the money and can’t afford to pay or 2. They…
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What Significance Is The New Spouse’s Income To Support Obligations?
A frequently asked question at some of the lawyer web sites, such as Avvo and Lawyers.com, is can a new spouse’s income be considered for purposes of child support or maintenance payments? The answer under Wisconsin law, is no. A new spouse is not obligated to pay support for children that are not theirs, nor…
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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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Can You Buy A House In The Middle Of A Divorce?
Is there a prohibition on buying a house before the divorce is completed? We know there is a statutory prohibition on selling, disposing, or giving away any marital property in the middle of the divorce without the consent of the other party or by further order of the court, absent it being done in the…
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What is a Vocational Examination?
Many times in divorce cases, we recommend to our clients that they undergo a vocational examination, or the opposing counsel, requests that the party submit to an independent vocational examination. What is a vocational examination and what purpose does it serve? A vocational examination is a process where a person trained and experienced in employment…
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Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When is it Right to Waive Maintenance? Short answer: Essentially it depends on your length of marriage, age, health, income disparity and the ability to support yourself long-term. At the very end of every divorce case (see all steps in the divorce process), there comes the time, typically during the negotiation of the final settlement…
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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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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…
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Engagement Is Off – Who Keeps The Ring in Wisconsin?
You were engaged to be married and got “cold feet” and decided to call it off. Now, you are both arguing about who gets to keep the ring. The person who received the ring feels they are entitled to keep it because you were the one who broke it off. You feel that is unfair,…