During child support and maintenance determinations, the Court will assess parties’ incomes. Not only will the Court look at the numbers, but in some cases, the circumstances surrounding one’s employment will be relevant. If historically you have made a lot of money, and intentionally decrease your income to avoid paying support, you are likely going to run into problems. If you have an advanced degree but choose to work a minimum wage job, you similarly may have some problems.
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The 365-day Secure Detention Programs for Youth are Poorly Regulated
Wis. Stat. section 938.34(3)(f) allows for children to be placed in a juvenile detention facility as a dispositional placement for up to 365 days. However, the regulations for holding kids in juvenile detention facilities for up to 365 days are woefully inadequate. History The guidelines under which juvenile detention centers operate were last reviewed and modified in 2010. They were designed to address safety and basic programming standards for the traditional short-term placements for which juvenile detention facilities and
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High court shuns truth in advertising
First, let’s look at what happened in 2010. In an election between Justice Louis Butler and challenger Michael Gableman (yes, him), an ad ran showing the mug shot of a convicted rapist next to a photo of Butler. As it happened, both were African-American, and the implication, reminiscent of the Willie Horton ad run against Michael Dukakis in the 1988 presidential campaign, was that Butler was responsible for getting the rapist out of prison and thus allowing him to rape another victim. In fact,
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Will Cuts to the Social Security Administration Impact my Private Long Term Disability Benefits?
The Social Security Administration (SSA) warned last week that Trump’s Department of Government Efficiency’s efforts to reduce federal spending may result in “significant workforce reductions” across the agency, which is responsible for processing some 2 million benefit applications per year.
This comes at a time when the SSA is already short-staffed and dealing with extensive backlog. Indeed, once an individual has submitted their application for social security disability benefits (SSDI), it takes 6 to 8 months to
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Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you?
Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you?
Upon the filing for a divorce, there are various assets with unknown values to be had between the two of you.
As lawyers, we are only licensed to advise you through your divorce in consideration of the benefits and risks of your position for divorce subject to Wisconsin law. There are various professionals who we advise clients to refer to when assessing the value of the marital home,
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Finding Fault: The History of Grounds for Divorce in Wisconsin
Fault divorce, a process requiring one spouse to prove the other’s misconduct as grounds for dissolving a marriage, has undergone a significant transformation in Wisconsin. The Origins of Fault The concept of fault divorce dates back to English common law. In the early 18th century, after the Duke of Norfolk divorced, Parliament created a legal system whereby a husband could petition for divorce on the grounds of adultery (only) and a wife could petition on grounds of adultery with
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How will my pet be handled in divorce?
Whether it be the family cat, dog, farm animal or some other fur baby, in the face of a divorce, it is currently impossible to duplicate and divide one animal to have an “equal” division of property.
In the eyes of the courts, they are essentially deemed in the same respect as any other miscellaneous piece of furniture (sadly) and are therefore subject to Wisconsin’s marital property laws. Ideally, there is no dispute over the pet animals, and one
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Maintenance 101
Maintenance, which you may know as spousal support or alimony, is governed by Wisconsin Statute 767.56. Though maintenance awards are determined by a number of statutory factors, judges have quite a lot of discretion in determining whether to award maintenance at all, and if so, how much. The first factor is the length of marriage. The longer the marriage is, the more likely that maintenance is warranted. Generally, a marriage that only lasts a couple, or even 5 years,
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Swing and a miss!
The Super Bowl is over. Days are getting longer. The best words in the English language are: “Pitchers and catchers report.” Baseball will soon return!
With America’s pastime in mind, I have to ask the Wisconsin Supreme Court what they were thinking when they recently issued their (gulp, 28-page) opinion in Morway v. Morway? I mean, it’s one thing to swing and miss at a 100 mile per hour fastball. It’s quite another to swing and miss
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Property Division: Which Spouse Gets the Pet in a Divorce?
In Wisconsin, pets are classified as personal property. Courts approach disputes over pets by analyzing them as they would any other piece of property, such as a refrigerator or stove. If you and your spouse cannot agree on who will keep the pet, the court is obligated to divide assets and debts equitably. This process involves assigning a monetary value to the pet and awarding ownership (along with the associated value) to one spouse. Unlike minor children, courts are
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How Much Can I Receive in Social Security Back Benefits?
If you are applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or both, it often takes a significant amount of time to get approved. However, once you are approved, you may receive not only ongoing monthly payments but also a lump-sum award for the months—or even years—during which you were disabled and should have been receiving benefits.
Exactly how much you might receive in back benefits depends on when you applied, when your disability began, and
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What is a Medicare Set-Aside Agreement
A Medicare Set-Aside Agreement (“MSA”) is an agreement that allocates a portion of the funds obtained through the settlement of a worker’s compensation claim for deposit into a bank account or annuity in order to fund the future treatment of a workplace injury. In order to protect the interests of Medicare, an injured worker who has settled their claim, is enrolled in or has applied for Medicare, and has been compensated for future treatment as part of a settlement,
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How Using Photos in Your LTD Case Can Strengthen Your Claim
For most ERISA long-term disability (LTD) cases that proceed to court, the case is decided on a closed administrative record in which the judge can only review the information contained in the insurer’s claim file as of the date it rendered its final decision. In other words, no new evidence can be introduced during the course of the lawsuit. This also means that the judge will not have the opportunity to meet you, ask questions of you, or hear
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What is the difference between a legal separation and a divorce?
There are a couple notable differences between the two, though procedurally, the
process of obtaining each is almost identical. Most notably, couples who get a legal
separation, rather than a divorce, are not divorced! Still, through the legal separation
process, assets and debts will be divided, and an order regarding ongoing finances will
be made. If the couple has children, there will also be orders made about custody,
placement, and child support. So, in a lot of ways a
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Domestic Violence Impacts Presumptions on Legal Custody in Family Law
According to CDC’s National Intimate Partner and Sexual Violence Survey, “about 41% of women and 26% of men experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime and reported a related impact.”
And according to End Abuse Wisconsin:
Domestic violence is a pattern of coercive, controlling behavior that can include physical, emotional, verbal, sexual, financial, and other abuse. Domestic violence is more than physical violence. It can include threats, harassment, putting
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Financial Forms 101
Do you have an upcoming initial hearing in your family law case? If so, you are likely
tasked with completing either a Financial Disclosure Statement (“FDS”) or an Income
and Expense Form (“I/E Form”).
The purpose of these court forms is to provide a snapshot of your financial
circumstances. By listing your monthly income, expenses, debts, assets, and supporting
documents regarding your proof of income, then the Court has the information
necessary information not make financial Orders (i.e. maintenance
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