Blog Posts in August, 2010
Posted on Aug 31, 2010 By Linda S. Vanden Heuvel
Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance. The last factor to be considered is "other factors as the court ...
Continue reading "Maintenance - What are other factors the Court may consider?" »
Posted on Aug 31, 2010 By Linda S. Vanden Heuvel
Wis. Stats. 767.405 (14)(b)1 provides that county custody/placement studies are governed by the rules of evidence. The report must be offered in accordance with the rules of evidence and shall be part ...
Continue reading "Don't Just Accept the Results of a DSS Study. It Must be Supported by the Evidence." »
Posted on Aug 31, 2010 By Linda S. Vanden Heuvel
Generally, such statements are hearsay. Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case. Look for a ...
Continue reading "Are Children's Statements Admissible in a Court Proceeding?" »
Posted on Aug 31, 2010 By Linda S. Vanden Heuvel
Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted. ...
Continue reading "Don't Confuse Gifted or Inherited Property with Property Brought to the Marriage" »
Posted on Aug 17, 2010 By VHD
The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires businesses with at least twenty (20) employees to offer temporary extended health care plans to employees and their families in ...
Continue reading "What is COBRA coverage?" »
Posted on Aug 16, 2010 By VHD
An employer may not ask whether a prospective employee has a disability that may affect his ability to perform a job. An employer certainly can determine the qualifications necessary to successfully ...
Continue reading "Consideration of disability during hiring process" »
Posted on Aug 11, 2010 By Daniel R. Dineen
The estate tax is a tax imposed on the transfer of the "taxable estate" of every decedent who is a citizen or resident of the United States. This applies whether such property is transferred via a ...
Continue reading "Estate Tax in the United States" »
Posted on Aug 11, 2010 By Linda S. Vanden Heuvel
The school records of minor children who are subjects of custody and placement actions are important to any determination by the guardian ad litem or social worker. It is imperative, however, that you ...
Continue reading "School Records in Divorce Actions" »
Posted on Aug 11, 2010 By Linda S. Vanden Heuvel
When an obligation was incurred before entry on active duty, the interest rate goes down to 6%, unless the creditor (bank, finance company, credit card issuer, etc.) can prove in court that the ...
Continue reading "Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service" »
Posted on Aug 11, 2010 By Linda S. Vanden Heuvel
A substantial change of circumstances is fact intensive: "The term 'substantial change of circumstances' is well-known in family law. It focuses on the facts. It compares the facts then and now. It ...
Continue reading "Change of Substantial Circumstances in Divorce Actions" »
Posted on Aug 10, 2010 By Linda S. Vanden Heuvel
http://www.supportguidelines.com (collection of child support cases across the country) http://abanet.org/family (also provides links to military information for child support) ...
Continue reading "Website Help in Divorce and Child Support Cases in Wisconsin" »
Posted on Aug 10, 2010 By Linda S. Vanden Heuvel
An employer may not retaliate against a worker for disclosing information about: state or federal law violations, managers in state or local government who abuse authority, people who waste large ...
Continue reading "Wisconsin Whistleblower Laws Provide the Following:" »
Posted on Aug 10, 2010 By Linda S. Vanden Heuvel
An effective way to find out the earnings of a specific occupation is to visit the following internet sites: http://stats.bls.gov//comhome.htm www.acinet.org ww.wageweb.com
Continue reading "How to Find Out the Actual Earnings of a Specific Occupation to Assist in Maintenance Calculation and Imputed Income" »
Posted on Aug 10, 2010 By Linda S. Vanden Heuvel
If a parent is receiving social security retirement or disability payments, the children should also receive social security benefits directly. Wisconsin addresses this situation. DCF 150.03(5) ...
Continue reading "Child Support Offset for Social Security Disability Payments" »
Posted on Aug 10, 2010 By Linda S. Vanden Heuvel
The child support definition generally includes all gross income from every source. Instead of arguing whether something is gross income, argue whether or not including the income is fair or unfair. ...
Continue reading "What is gross income for child support purposes?" »
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