Hawley, Kaufman & Kautzer, S.C

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Hawley, Kaufman & Kautzer, S.C Blogs

Hawley, Kaufman & Kautzer, S.C. Blog

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State Bar of Wisconsin
Hawley, Kaufman, and Kautzer Staff

Latest from Hawley, Kaufman & Kautzer, S.C

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Understanding public records, court access, and privacy in Wisconsin family law cases.

If you’re going through a divorce or custody matter, you might be wondering, “Can my ex or employer look up information about my case?” The short answer is: usually, yes. In Wisconsin, most family court cases are public record, but that does not mean every detail is public. There are specific protections you can obtain, but first you must know what they are and how you can…
Continue Reading Is Your Divorce Public in Wisconsin?

From birth certificates to guardianship: the practical steps every Wisconsin family needs to take in year one.
September is often associated with more birthdays than any other month of the year, meaning many families are welcoming a new baby and adjusting to life as new parents. Between feedings, diaper changes, doctor appointments, and sleepless nights, it can be difficult to think about much beyond the next few hours.
Amid the excitement, however, there are several important legal and financial…
Continue Reading Baby’s Here! The Wisconsin New Parent Legal & Financial Checklist

What you need to know when your ex files to change your maintenance order.
You’ve been served. Just a few years after the divorce, your ex Dan has filed a motion to modify the maintenance order. Under the original order, he was required to pay you $2,000 per month. Dan alleges that his prior employment changed, and he is now earning substantially less income. He also cites concerns that you have been living with a significant other.

Your mind

…
Continue Reading Modifying Spousal Support in Wisconsin: Income Changes & Cohabitation

A family lawyer explains the Wisconsin Relocation Statute and the step-by-step process for obtaining approval to move with your child. 

“Am I stuck living in the same town because of my legal custody and physical placement orders?”
“I want to move out of Wisconsin…is that even allowed?”

It is natural for parents to feel overwhelmed when considering a move. This is especially true when child custody and placement orders are involved. As a Wisconsin family law attorney, I…
Continue Reading Can I Move Out of State With My Child After a Divorce?

A guide to Wisconsin custody and placement laws, court-appointed professionals, and how your child’s wishes impact custody decisions.

“Once my son turns 14, he’ll finally get to decide which parent he wants to live with. ”

As a Wisconsin family law attorney, I’ve heard this assumption from countless clients navigating paternity, divorce, or post-divorce matters. Unfortunately, this is not true. Under Wisconsin law, children under the age of 18 never truly get to choose which parent they…
Continue Reading When Can My Child Decide Where They Want to Live? 

A helpful guide for parents and young adults navigating the legal transition into adulthood in the state of Wisconsin.
Eighteen is often viewed as a milestone year filled with graduation parties, first jobs, military enlistments, trade school plans, college move-in days, and newfound independence. What many families don’t realize is that turning 18 also brings significant legal changes. Overnight, a child becomes an adult in the eyes of the law.
As an estate planning attorney, these are some of…
Continue Reading Turning 18: Legal, Financial, and Practical Considerations for Young Adults and Their Parents

Joint parenting agreement
Close-up of Joint parenting agreement with pen

What Wisconsin parents should know about the 14 mandatory elements of a parenting plan. 
For many parents, entering a family law matter raises questions about how this major life transition may impact their child or children. Where will our child live? How will parenting time be divided? Who will make important decisions for our child? 
Courts address many of these concerns through child custody and physical placement orders. In Wis. Stat. §767.41(5)(am)(1) the first factor listed for the court…
Continue Reading The Importance of Completing a Proposed Parenting Plan

Winning the text argument won’t win your custody case. Learn how to navigate high-conflict co-parenting and custody and placement matters in Wisconsin.
It all started with a simple text.

Can I pick the kids up early tonight? We’re going on a trip tomorrow so I’d like to give them time to pack. 

The request may seem reasonable, but in a high-conflict co-parenting situation, even one text can spiral into an all-out battle.
You’ve been irritated with your ex for…
Continue Reading What High Conflict Parents Get Wrong About Child Custody

Understand the key differences between divorce and legal separation in Wisconsin, including filing requirements, legal rights, and what each option means for your future.
There are many reasons an individual may be interested in a legal separation over a divorce, or vice versa. Factors such as religious or personal beliefs, the possibility of reconciliation, or the desire to maintain certain financial or insurance benefits may lead someone to choose a legal separation rather than a divorce. On the other…
Continue Reading Divorce or Legal Separation: Which Option Is Right for You?

Learn who qualifies, how much you may receive, and how spousal Social Security benefits can impact retirement and maintenance after divorce.Social Security benefits are a crucial source of retirement income for many individuals. However, one valuable benefit is often overlooked or misunderstood: spousal Social Security benefits. If you are eligible, spousal Social Security benefits provide monthly payments based on your current or former spouse’s earnings record. The maximum spousal benefit is up to 50% of the higher earner’s Full…
Continue Reading Spousal Social Security Benefits in Wisconsin: Eligibility, Benefits, and Divorce Considerations

One of the most rewarding parts of estate planning is guiding individuals and families as they prepare for the future. We discuss protecting children, preserving family assets, planning for retirement, and creating a legacy for the next generation. Occasionally, those conversations lead to the topic of a Marital Property Agreement (MPA), sometimes called a prenuptial or postnuptial agreement. When that happens, many couples become understandably uncomfortable.
A common reaction is:

“If we’re planning to spend the rest of…
Continue Reading Marital Property Agreements: Planning for the Future, Not Planning for Divorce

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Learn who must report income changes, what counts as gross income, and how Wisconsin’s updated law could affect your support obligations.
Each year, Wisconsin law requires parents with a shared placement arrangement and a court order for child support, maintenance, or family support to exchange financial information, including documentation of their gross income. This requirement helps ensure that support obligations remain fair and allows parties to determine whether they need to adjust support. However, the payor…
Continue Reading New Rules for Reporting Income Changes in Family Court

Can a Witness Write a Letter Instead of Testifying in Family Court? The short answer: probably not. 
Family law matters include and are not limited to divorces, child custody, child support, paternity, guardianship, termination of parental rights, and adoption. Family law cases involve what matters most: one’s children, finances, and dignity. As a result, the parties involved often find themselves in disputes.

The Role of Witnesses in Court
At a hearing, a court…
Continue Reading Understanding Witness Testimony in Wisconsin Family Law

Many grandparents play an important role in their grandchildren’ s lives. However, Wisconsin law does not automatically grant grandparents the legal right to spend time with their grandchildren, also known as visitation rights. In most cases, courts presume that fit parents are able to determine who can spend time with their children.
The Wisconsin Supreme Court case, Michels v. Lyons, found that a grandparent who wishes to have visitation rights to a grandchild in opposition to a fit parent’s…
Continue Reading Do Grandparents Have The Right To Visitation In Wisconsin?

Put yourself in the shoes of a Wisconsin family court judge. Your first case of the day is a custody dispute where one parent is appearing pro se—representing themselves without a lawyer. You see self-represented parents nearly every day, and do not expect perfection, just preparation, honesty, and someone who can stay focused on facts instead of emotion.

The pro se party arrives on time and well-organized, but as they begin to unpack their documents you catch a glimpse…
Continue Reading Representing Yourself In Family Court? Read This First

Many individuals walk into family court believing the odds are stacked against them due to their gender. Some men believe women are favored in family cases, especially those involving children. At the same time, some women feel they have to go to extreme lengths to have their concerns taken seriously in court.

While implicit bias can play a role in any court decision, the belief that one’s gender alone determines the outcome of their case is highly unlikely.
The…
Continue Reading Family Court Doesn’t Favor Mothers – Here’s What They Actually Care About