Kowalski Family Law Blog

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Wisconsin child support is established using a formula that accounts for each parent’s income and percentage of time s/he spends with the child.  However, if the court determines that employing the guideline child support is unfair to the child or either of the parents, the law allows the court to deviate from the guidelines. To do so, the court can consider several factors.  Three factors that are frequently invoked to justify a deviation from guideline child support are:

(a)
Continue Reading Deviation from Wisconsin Guideline Child Support

Is child support automatically suspended if I lose my job and income? The answer is No. In Wisconsin, the child support will not be modified unless a party files a motion to modify it or two parties reach an agreement on changing the amount and request the court to make it an order to replace the old child support order.

Oftentimes, the judgment or the order governing child support would provide that the party who has child support obligation
Continue Reading Am I still on the hook of paying child support if I lose my job?

Two legislative committees in Madison heard a bill this week that would allow sexual assault survivors to obtain permanent restraining orders, preventing them from being re-traumatized by having to face their abusers.

Source:

https://madison.com/ct/news/local/writers/jessie-opoien/wisconsin-bill-would-allow-sexual-assault-survivors-to-obtain-permanent-restraining-orders/article_8b0340bc-a715-5fa8-bb43-88dab3359f14.html
The post Sexual Assault Survivors and Permanent Restraining Orders appeared first on Kowalski Wilson & Vang, LLC.
Continue Reading Sexual Assault Survivors and Permanent Restraining Orders

A Wisconsin man recently found out the hard way that you cannot outrun your child support obligations. Matthew Finley, 39, was extradited from Appleton to Putnam County, Indiana, over a failure to pay more than $30,000 in back child support.

Source:

https://www.bannergraphic.com/story/2876191.html
The post Consequences of Fleeing Child Support Obligations appeared first on Kowalski Wilson & Vang, LLC.
Continue Reading Consequences of Fleeing Child Support Obligations

A Wisconsin man recently found out the hard way that you cannot outrun your child support obligations. Matthew Finley, 39, was extradited from Appleton to Putnam County, Indiana, over a failure to pay more than $30,000 in back child support.

Source:

https://www.bannergraphic.com/story/2876191.html
The post Failure to Pay Child Support appeared first on Kowalski Wilson & Vang, LLC.
Continue Reading Failure to Pay Child Support

Wisconsin state statute 944.16 classifies adultery as a Class I felony.

However, this law is not typically utilized. It conflicts with other statements in Wisconsin law, such as the fact that Wisconsin is a no-fault divorce state. Wisconsin law additionally states, , “Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage.”

If you have further questions about
Continue Reading Is Adultery Illegal in Wisconsin?

On March 22, 2020, the Wisconsin Supreme Court temporarily suspended in-person proceedings. Now, a year and a half later, it has become clear that Zoom proceedings are likely here to stay in at least some sort of capacity. When you are not actually in the courtroom itself, it can be easy to forget that all of the same formalities still apply. Here are a few tips for client’s regarding Zoom etiquette:

  • Practice, practice, practice! If you are unfamiliar with

  • Continue Reading Zoom Hearing Tips

    A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the woman’s husband alleges that he, not the husband, is the child’s
    Continue Reading When a Paternity Adjudication May Not Be in Child’s Best Interest

    In order to calculate the support obligation, the court must first determine a parent’s monthly income available for support. According to Administrative Rule DCF 150, the monthly income available for support is based on the parent’s gross monthly income, from all sources including:

  • wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses,
  • worker’s compensation or other personal injury awards intended to replace income,
  • unemployment insurance,
  • income continuation benefits and Social Security Disability Income (SSDI) payments,
  • contributions to retirement

  • Continue Reading What counts the gross income available for child support in Wisconsin?

    In Wisconsin, you may file two different types of orders/injunctions: harassment, or domestic abuse.

    There are numerous differences between the two charges. However, the largest difference between a harassment injunction and a domestic violence injunction is the individual who is being accused. If the individual does not live in your home and they are not a family member, then you must consult with an attorney about filing a harassment injunction. If the individual lives with you, is a family
    Continue Reading Harassment vs Domestic Abuse Charges

    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
    Continue Reading Online Protection Through Divorce

    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
    Continue Reading Legal Custody in Wisconsin

    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.
    Continue Reading Successful Co-Parenting

    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
    Continue Reading Child Vaccinations

    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
    Continue Reading Contested Divorce vs Uncontested Divorce