If the Court decides that it is going to impute a party with income, it will next need to decide what income to use. If a party is not working enough hours, imputing income is somewhat simple. The Court will likely use the existing hourly rate and multiply it by the number of hours the party should be working.
If a party is unemployed, or under employed, it is more complicated to determine what their income should be. The…
Continue Reading Imputing Income and Vocational Evaluations

We recently discussed what it means for the Court to impute you with income. We explained that without a good reason, if you are unemployed, or under employed, the Court can assess you with a higher income than you actually have when doing its support calculations. If you are at risk of being imputed with income, you might be wondering, what does the Court usually consider a good reason for under or unemployment?
To begin, the Court will consider…
Continue Reading Imputing Income 2

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.
Continue Reading Imputing Income

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,…
Continue Reading Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you?

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…
Continue Reading How will my pet be handled in divorce?

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,…
Continue Reading Maintenance 101

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…
Continue Reading What is the difference between a legal separation and a divorce?

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…
Continue Reading Financial Forms 101

In a lot of relationships, one party handles financial matters more than the other. This
might mean that one spouse files the taxes, pays the bills, decides what investments to
make, and so on. Perhaps this person is more financially savvy, this helps with an equal
division of labor, or this is just how it has always been. Regardless of the reason, we
have many clients who find themselves proceeding with divorce with very little
information on what their…
Continue Reading Dealing with Unknown Finances

For most individuals, a final divorce hearing is filled with emotions, stress, and the
anticlimactic conclusion to a lengthy 120+ day divorce process. For some, it is the end
of a relationship, and for others, it is the start of a new chapter.
Whether you are looking forward to or dreading the end of your marriage, here is a less expected consideration to prepare you for your visit to family court.
For women, it is standard procedure for the…
Continue Reading He Is Not The Father!

At a minimum, there is a 120-day waiting period from the time of filing to the date of divorce. Unless you and your spouse already agree on everything, most cases last substantially longer than 120 days. There is a lot to accomplish from the time of the pleadings to the time of divorce. Namely, the following issues need to be addressed, though some of these may not apply to your situation.

• Property division
• Placement and custody
• Child support
• Maintenance

…
Continue Reading What happens after you or your spouse files for divorce?

It is expected that the judgement of your divorce or pre-existing child support orders
would include language requiring that either party wo has a child support obligation to
“notify the Child Support Agency and the other party within 10 days of any change of
employer and of any substantial change in the amount of his or her income.” Ultimately,
providing notice to the Agency alone will not change your child support order. To
properly do so, according to Wisconsin…
Continue Reading When does my obligation to pay child support end?

Wis. Stat. 765.02 sets forth the qualifications for individuals seeking to tie the knot.
While marrying young has become a less common occurrence, it has not become
extinct (See https://www.census.gov/content/dam/Census/library/visualizations/time-series/demo/families-and-households/ms-2.pdf; the average age for first marriage in the
United States has been increasing over the past few decades. As of 2024, the average
age for men is around 31.1 years, and for women, it’s approximately 29.2 years)
By default, legal adults, age 18 and up are allowed to marry.
Continue Reading Who shall not marry?