Blog Posts in January, 2010
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Posted on Jan 28, 2010 By Graham P. Wiemer
I have been asked why a case still appears on CCAP if it was dismissed. The answer is that CCAP mirrors the record in the County Clerk of Courts, which shows what happened in the case - even if it was ...
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Posted on Jan 28, 2010 By Christopher J. MacGillis
Toyota is recalling at least 3.8 million Toyota and Lexus vehicles to fix a potential safety problem caused by removable floor mats jamming the accelerators. The recall affects the following vehicles: ...
Continue reading "Toyota Drivers - Please be Aware!" »
Posted on Jan 27, 2010 By Graham P. Wiemer
Wisconsin is referred to as an "equitable distribution" state. Typically, the parties reach an agreement as to how assets should be divided. If the parties are unable to reach a settlement, the court ...
Continue reading "Property division in a divorce" »
Posted on Jan 27, 2010 By Lisa M. Vanden Heuvel
There is much more to domestic violence than physical abuse. Domestic violence is a pattern of coercive behavior that may include physical, sexual, economic, emotional, and/or psychological abuse by ...
Continue reading "Does domestic violence include more than just physical abuse?" »
Posted on Jan 27, 2010 By Lisa M. Vanden Heuvel
A list to Wisconsin licensed adoption agencies at be found at the following: http://dcf.wisconsin.gov/children/adoption/ADOPTAGL.HTM
Continue reading "Where can I find a list of Wisconsin approved and licensed agencies to assist with the adoption process?" »
Posted on Jan 27, 2010 By Christopher J. MacGillis
No, IRA's are not qualified plans under ERISA. A spouse is able to transfer funds tax free from an IRA to a spouse or former spouse without a QDRO. A spouse should send a letter of instruction to the ...
Continue reading "IRA's - Do I need a QDRO to divide the Account?" »
Posted on Jan 26, 2010 By Graham P. Wiemer
Under Wisconsin Statutes Section 111, an employer is prohibited from retaliating against any employee who files a complaint, attempts to enforce a right permitted by statute, or testifies in a case, ...
Continue reading "Labor Standards Retaliation Law" »
Posted on Jan 26, 2010 By Linda S. Vanden Heuvel
Generally, voluntary retirement at or beyond the customary age of retirement, ie., 62-65, does not create a presumption that maintenance owed by the retiring spouse should be terminated. The retiring ...
Continue reading "Does Retirement by the Payor Mean the End of Maintenance to the Payee?" »
Posted on Jan 26, 2010 By Linda S. Vanden Heuvel
A wife is not entitled to innocent spouse relief for a joint tax return on which husband under-reported income from a family business because she was actively involved in the business and had access ...
Continue reading "Innocent Tax Relief for Spouse" »
Posted on Jan 26, 2010 By Linda S. Vanden Heuvel
Generally, the parties cannot agree to an automatic custody change without addressing whether or not such a change is in the best interests of the minor child at the time the automatic custody change ...
Continue reading "Are Automatic Custody Change Provisions Enforceable?" »
Posted on Jan 26, 2010 By Lisa M. Vanden Heuvel
In Wisconsin, a birth mother can select an adoptive family for a child or she can allow an adoption agency to select a family on her behalf. Wisconsin Statute Sections 48.833-837 may apply.
Continue reading "Can a birth mother choose the adoptive parents for her child?" »
Posted on Jan 25, 2010 By Christopher J. MacGillis
In Pawlowski v. Amer. Family Mut. Ins. Co. , the Wisconsin Supreme Court further clarified the meaning of "harboring" as defined in Wis. Stat. Sec. 174.02. The Pawlowski Court held that "harboring" is ...
Continue reading "Dog Bite - Are You Harboring A Dog?" »
Posted on Jan 22, 2010 By Graham P. Wiemer
The most-recently approved State budget included significant changes to prevailing wage laws,Wis. Stat.ยงยง66.0903 and 103.49, which became effective January 1, 2010. Helpful information can be found ...
Continue reading "Prevailing wage law update" »
Posted on Jan 22, 2010 By Linda S. Vanden Heuvel
Check out the following websites for resources available to help grandparents raise grandchildren: http://chhs.gsu.edu/nationalcenter/ , http://www.grandfamilies.org , and www.benefitscheckup.org .
Continue reading "What resources are available to help grandparents raise grandchildren?" »
Posted on Jan 22, 2010 By Linda S. Vanden Heuvel
The ADEA prohibits employers from arbitrarily discharging, demoting, refusing to promote or refusing to hire individuals based solely on age. The Act also extends to discrimination in compensation ...
Continue reading "What does the Age Discrimination and Employment Act (ADEA) prohibit?" »
Posted on Jan 21, 2010 By Graham P. Wiemer
The purpose of Wisconsin's Fair Employment law is to protect the rights of people to employment free of unlawful discrimination. As a result, tt is unlawful, for public and private employers, ...
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Posted on Jan 21, 2010 By Linda S. Vanden Heuvel
The American Opportunity tax credit lets families take a credit for the first $2000 in qualified education expenses and 25% of the next $2000, for a total potential credit of $2500. This credit is ...
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Posted on Jan 21, 2010 By Linda S. Vanden Heuvel
The Making Work Pay tax credit showed up in April 2009 as a reduction in the amount of income tax withheld from employees - $400 for individuals and $800 for couples. This may prove to be a negative ...
Continue reading "The Making Work Pay Tax Credit" »
Posted on Jan 20, 2010 By Graham P. Wiemer
In Wisconsin, there are restrictions on when minors can work. The time of day when they may be employed, including how early and how late, and the number of hours which they may work per day and per ...
Continue reading "Child labor laws" »
Posted on Jan 20, 2010 By Linda S. Vanden Heuvel
My Judgment of Divorce orders me to maintain life insurance with my exwife as sole and exclusive beneficiary. I now intend to remarry and have a new family to support. Am I able to substitute my new ...
Continue reading "Life Insurance for New Spouse" »
Posted on Jan 20, 2010 By Linda S. Vanden Heuvel
No. It is not adjuster for inflation or cost of living increases unless it is made a part of the Judgment of Divorce or on mutual agreement of the parties.
Continue reading "Is child support increased each year to adjust for inflation?" »
Posted on Jan 20, 2010 By Linda S. Vanden Heuvel
On October 28, 2009, President Obama expanded the scope of provisions of the Family and Medical Leave Act regarding military caregiver leave. The FMLA now permits family members of active duty service ...
Continue reading "FMLA's Military Leave Provisions Expanded" »
Posted on Jan 20, 2010 By Lisa M. Vanden Heuvel
The parent of a child can consent to terminate their parental rights. However, the Court generally will not grant the request unless another person (i.e. a step-parent) is there to take the place of ...
Continue reading "Can my child's mother consent to terminate her parental rights for our child?" »
Posted on Jan 20, 2010 By Christopher J. MacGillis
People all over the country are filing lawsuits against the manufacturer of the birth control pills Yaz and Yasmin. The plaintiffs allege that Yaz concealed health risks associated with the pills and ...
Continue reading "Yaz Birth Control Linked to Heart Issues" »
Posted on Jan 19, 2010 By Linda S. Vanden Heuvel
1. Tax Counseling for the Elderly Program (TCE) - offers free tax help to persons who are age 60 or older (1-800-829-1040 for locatinos, dates and hours). 2. AARP Tax-Aide Counseling Program - during ...
Continue reading "Tax Assistance for the Elderly" »
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