Almost every other phone call or on line inquiry we receive, concerns a post judgment custody issue where someone wants to prove or allege the other parent is “unfit.” The idea is they want to obtain primary placement of the children, and in many cases, also involves pre-judgment matters. How do you go about proving…
Posts by David Karp
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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Can you get your own Guardian ad litem appointed?
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…
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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…
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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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Finding the right divorce lawyer
I have written previous blogs about how one goes about to find a divorce lawyer. Today’s topic is about finding the right lawyer for you in a family law case. You need to have a mindset from day one, about what type of a lawyer you are looking for. Are you looking for a lawyer…
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Are Sick Leave accounts subject to property division in Wisconsin?
Just when you thought you had heard everything that a couple might be fighting about in a divorce case, you stumble across a new issue or asset pertaining to whether a person’s accrued sick time or sick leave account is subject to equal property division in Wisconsin? It appears over the years the answer legally…
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How to stop your spouse from making Disparaging Remarks about you
You are in the middle of the divorce and find out that your soon to be ex is bad mouthing you to your children. They are profane in referring you, put you down all the time and trying to poison the children against you. When your children come home after visiting with the other parent,…
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Dismissing a divorce
Every once in awhile, someone will file a divorce or legal separation and then change their mind about it. How does one properly go and dismiss a divorce or separation case that has been filed with the court? Voluntary notice of dismissal. If you haven’t yet personally served your spouse, or if they have been…
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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…
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“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…
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Waiver of 6 month waiting period for remarriage in Wisconsin
Periodically, I am asked, if there is a way to waive the statutory 6 month waiting period in Wisconsin before one can get remarried. The law basically states that if you are divorced in Wisconsin, you cannot remarry anywhere in the world for a period of 6 months, and if you should do so, the…
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Can you sue your spouse for cheating in Wisconsin?
From a Practical Perspective, No. Wisconsin used to have a law against “alienation of affection.” This allowed a party to sue anyone thought to be responsible for the breakup of their marriage–including therapists, clergy members, or mothers-in-law. Under this statute, the victim of adultery could even sue his or her spouse’s paramour. However, that statute…
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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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Recorded Telephone Conversations in Wisconsin
TL;DR Summary Recorded Telephone Conversations in Wisconsin In Wisconsin, it is legal to record a telephone conversation without the other party’s consent if you’re part of the conversation. However, such recordings are inadmissible in civil court unless the other party is informed that the conversation is being recorded and gives their consent for it to…
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The Milwaukee Justice Center
Last night, my band played an event for the Milwaukee Justice Center at Veteran’s Park, on Milwaukee’s Lake front. This was their 7th annual fun run/walk, to help raise money for the not for profit organization. Our band has played the event several times and it quite frankly, an honor and a privilege to be…
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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….
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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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What constitutes a “substantial change in circumstances” in Wisconsin?
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…
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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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