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…
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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Pre-Marital Assets; exempt under Wisconsin law?
Our office receives a number of questions and inquiries on how pre-marital assets are treated in a divorce case under Wisconsin law. Are pre-marital assets exempt from property division, or are they divisible under Wisconsin law? TL;DR Summary of Pre-Marital Assets: Exempt Under Wisconsin law? In Wisconsin, all property owned by either spouse, including assets…
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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? TL;DR…
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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. TL;DR Summary for Waiver of Maintenance in Wisconsin What it…
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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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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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The Importance of a Financial Disclosure Statement
Financial Disclosure Form for Divorce in Wisconsin 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…
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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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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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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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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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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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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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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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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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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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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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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 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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