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Posted inMaintenance

Changes in Wisconsin maintenance

The Wisconsin maintenance (alimony) law was recently changed.   2013 WI Act 209 states that maintenance ends upon the recipient’s remarriage.   The law also requires the recipient to notify the court and the payer of the remarriage.  The law can be  found at https://docs.legis.wisconsin.gov/2013/related/acts/209.   This law seems common sense, but previously, the payee was not required […]

Posted inDivorce

Wisconsin divorce expenses

There is no law requiring either spouse to pay certain expenses after a Wisconsin divorce is filed.     Spouses cannot sell or give away property without approval.   But without a court order, simply filing for divorce does not allocate payment of bills. Often, spouses agree on who will pay bills.  If you cannot agree, however, you must request a temporary order from […]

Posted inAppeals

Wisconsin family court appeal

The success of a Wisconsin family court appeal depends on the evidence submitted at the trial.   An appeal is not a “do-over.”   There is no new testimony or evidence.  The only information available to the appeals court is what was submitted at the trial.  The evidence and testimony is known as the “record.” Each party files a brief, based on the record.  The appeals court […]

Posted inChild custody

What is Wisconsin legal custody?

Parents often  confuse the concepts of Wisconsin legal custody with physical placement.    In Wisconsin, however, these two terms have very different meanings.  “Legal custody” allows a parent to make major decisions for a child, such as heath care, school and religious decisions.  An award of custody can  be  joint, sole, and impasse-breaking authority.   In sole custody, only one parent […]

Wisconsin grandparent visitation

The standard for Wisconsin grandparent visitation has recently been clarified in the case of Paternity of E.M.B. (available at http://www.wisbar.org/res/capp/2011/2009ap000488.htm).  The Court of Appeals ruled that grandparents must overcome the parent’s Constitutional right to care for a child.  The child’s parent is presumed competent to know what is best for her child.  The parent’s decision whether to allow contact between the child and […]

Posted inDivorce

Most expensive divorces

Needless to say, none of these occurred in Wisconsin.   Out of curiosity, it would be fascinating to know the amount of the attorneys’ fees.  http://www.cnbc.com/id/34316968  Perhaps this goes into the category of “It could be worse.”

Wisconsin divorce-do I get half the property?

In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets.  However, judge also considers 13 factors that can shift the final property division in favor of one spouse.  Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned […]

Posted inChild custody

Unfitness in Wisconsin child custody case

A Wisconsin child custody case took an interesting turn when the father requested that the child’s care be assumed by the State because neither parent could properly care for him.  In Interest of Luke S. http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=108947, the Wisconsin Court of Appeals ruled that the State could not provide protective services for the child that the […]

Posted inGuardianship

Wisconsin guardianship of a minor

A Wisconsin guardianship grants legal rights to a non-parent of a child.   It allows the non-parent to take certain actions, such as authorizing medical treatment, applying for social services, school enrollment, etc., and to obtain “care and custody” of the child.  The  guardian does not necessarily take the place of the parent, and the parent’s […]

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