Kowalski Family Law Blog

Latest from Kowalski Family Law Blog

When you are going through a divorce, it is important to ensure you are protected online. Some things to consider include: -Do you have any apps that can show your whereabouts or transactions? Accounts such as Venmo for example, should be made private. -Make sure your information is no longer accessible to them through shared accounts such as Apple accounts, or Google accounts. -Change your passwords for applications/accounts that contain private information. For more internet safety tips that could aid you throughout your divorce, or for guidance throughout your case, contact Kowalski, Wilson & Vang, LLC. The post Online Protection
How does Wisconsin law define “legal custody”? If you have legal custody of your child in Wisconsin, this means you have the authority to make major decisions on their behalf. According to Wisconsin law, major decisions include “decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion.” If you are maneuvering custody issues in Wisconsin, or need guidance throughout any other family law matter, contact Kowalski Family Law. We will protect your rights and provide you with peace of mind. View
Divorce is not only hard on you, but it is also hard on your children. To ensure maximal wellbeing of your children post-divorce, it is important to employ a successful co-parenting strategy. Successful co-parenting will ensure your child feels secure, and gives them a healthy example to follow. View a wealth of information about co-parenting post-divorce here.  The post Successful Co-Parenting appeared first on Kowalski Family Law.…
What should you do if you and your co-parent disagree on whether or not your child should be vaccinated? First, you should talk to a trusted pediatrician with your co-parent. If you take all the necessary avenues and your co-parent still holds a belief you do not believe is in the child’s best interest, then you may need to involve a lawyer. If you need zealous and experienced guidance throughout your family law case, contact Kowalski Family Law. You can rely on our proven attorneys to guide you. The post Child Vaccinations appeared first on Kowalski Family Law.…
What is the difference between a contested divorce and an uncontested divorce? In an uncontested divorce, both spouses agree on all of the terms. These terms include the division of assets, alimony, child placement, etc. In a contested divorce, there are disagreements between the spouses about some or all of the divorce terms. These disagreements may be resolved through mediation, or through litigation. For experienced guidance throughout your contested or uncontested divorce case, contact our firm. We proudly serve as Wisconsin’s best family lawyers. The post Contested Divorce vs Uncontested Divorce appeared first on Kowalski Family Law.…
What happens in a divorce where there is a family or privately held business? Wisconsin law asserts that marital assets are subject to division in a divorce. However, exceptions exist: 1) if assets are part of an inheritance or gift 2) if a prenuptial agreement is present. Without these exceptions, the business is included in the marital property. For guidance through a divorce that involves business interests, contact Kowalski Family Law. You can rely on Wisconsin’s best family lawyers to protect your rights. View More Information Here The post Business Interests in Divorce appeared first on Kowalski Family Law.…
No matter if you are divorced or married, tips on how to strengthen your parent child relationship can always prove helpful. A healthy relationship with your child is paramount. The strength of your parent-child relationship will determine how they develop later in life. View More Information Here The post Tips for Guarding Your Parent-Child Relationship appeared first on Kowalski Family Law.…
In Zimmer v. Zimmer, the Court of Appeals addressed whether a motion to modify child support for a child over the age of majority can be retroactive when a parent fails to bring a timely motion to end support. The primary argument was that support obligations should automatically end when a child reaches the age of majority and if not, the accumulated excess payments should be credited in arrears. The Court of Appeals reversed the trial judge, holding that a court cannot refund child support payments that were made after the age of majority, but prior to a motion to…
In 2009, President Barack Obama declared June LGBT pride month, six years before gay marriage was legalized in the United States. Rewinding to mid-19th century, divorce became the popular alternative to an unhappy marriage. Fear of the immorality of divorce decreased in the United States at the turn of the 20th century and divorce rates began to rise as women gained social and financial freedom. As modernization increased, so did divorce rates. The result was divorce law constructed around, and solely for, heterosexual couples. When the millennial generation reached maturity, the phrase “half of marriages end in divorce” became increasingly…
In a Wisconsin divorce, property is divided according to community property laws. This means that marital property is split 50/50. In a high asset divorce, there is no exception, unless a prenuptial or postnuptial agreement is present.  In a high asset divorce where many valuable assets exist, it is important to seek the aid of professional to ensure an accurate valuation of such assets. Even if one asset is not accounted for, it could impact the quality of your life post-divorce. At Kowalski Family Law, we provide a thorough accounting of your assets, working with professionals such as forensic accountants…
The most common way to establish child or spousal support in a family case involving a servicemember is to obtain a court order. Support orders are usually made in divorce or paternity cases. Wisconsin will grant orders for child support or spousal support (known as spousal maintenance). However, even if a state court order does not exist, the military will require a servicemember to pay support for his/her family. Each branch has different rules and calculations: Air Force: Total number of supported family members (children) x the member’s Base Allowance for Housing. Marines: The greater of a minimum monthly support…
If a child is born out of wedlock, according to Wisconsin law, who has legal custody of the child? If the parents are not married, then the mother is granted sole custody. Even if the father’s name is on the birth certificate, a court order still must be obtained in order to establish him as the biological father. The birth certificate has no legal force. For guidance throughout your family law matters, contact Kowalski Family Law. We routinely work with mothers and fathers to ensure their parental rights, and the best interests of the child are guarded. Link to Article
Clinical vaccine trials have been initiated for children 5 and under. To date, there have been approximately 144 children who have participated in this Phase 1 clinical trial.  As vaccines begin to be approved for younger individuals, divorce attorneys across the country are preparing for co-parent disagreements. According to a study by the Kaiser Family foundation, “fewer than a third of parents say they plan to get their kids COVID-19 shots as soon as it’s possible.”  Link to More Information The post Co-Parent Disagreements Pertaining to Vaccination of Children May Arise appeared first on Kowalski Family Law.…
The Wisconsin Statutes outlines the procedure for “Relocating a child’s residence”.  If you plan on moving more than 100 miles from your coparent with your child, it is referred to as a child relocation. In the case this occurs, Wisconsin law requires you to provide notice to your coparent. If your coparent objects to your move, then your case will be taken to court. In these cases, Wisconsin courts rule according to what will serve the best interests of the child. For sound legal advice and guidance throughout your child relocation case, contact Kowalski Family Law. We will work to…
When it comes to terminating parental rights in Wisconsin, the process is carried out extremely carefully by judges. This is due to the fact that in terminating parental rights, all ties between a biological parent and their child are ended. Termination of parental rights occurs if the parents pose a danger to the child, or if they are unable to adequately care for the child. In the words of the Wisconsin Statutes, reasons for termination can include “abandonment” and “continuing parental disability”. Termination of a parent’s rights can ensure a child’s safety and well-being, and provide greater stability and permanence. However,…
If you face interstate custody issues, contact Kowalski Family Law. We have noticed an increase in custody disputes between parents that reside in different states. This is most likely due to the fact that families are more mobile, and that parents are often moving for employment.   The Uniform Child Custody Jurisdiction and Enforcement Act is the source of law that applies to Wisconsin custody disputes. The UCCJEA is designed for the prevention of a parent taking a child to another state and filing a custody action in that state.  Link to More Information The post Interstate Custody Issues appeared first…