| 9 entries found. Viewing page 1 of 1. |
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| August 31, 2010 |
| Maintenance - What are other factors the Court may consider? |
| Posted By Linda S. Vanden Heuvel |
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| 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 may in each individual case determine to be relevant." This other factor may include a relationship with another person on the date of divorce. While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse's financial circumstances, then maintenance may be modified or terminated. Addictions may also be considered "other factors." Consider alcoholism, gambling, marital waste, etc. On the other side, significant health issues may be another factor. |
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| August 31, 2010 |
| Don't Just Accept the Results of a DSS Study. It Must be Supported by the Evidence. |
| Posted By Linda S. Vanden Heuvel |
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| 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 of a record in the action if it is so offered and admitted into evidence. The court may review the report, but may not rely upon it as evidence before it is properly introduced. |
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| August 11, 2010 |
| School Records in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| 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 send an authorization not only to the school for the academic records, but also a specific authorization to the guidance counselor. Records of the guidance counselor are generally not included in the general school file of a student. |
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| August 11, 2010 |
| Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service |
| Posted By Linda S. Vanden Heuvel |
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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 member's ability to pay was not materially affected by military service. The term "interest" includes service charges.
The new Act clarifies the rules on the 6% interest rate cap on pre-service loans and obligations by specifying that interest in excess of 6% per year must be forgiven. 50 U.S.C. App. Sec. 527(a)(2). The absence of such language in the SSCRA has allowed some lenders to argue that interest in excess of 6% was merely deferred.
The SCRA also specifies that a SM must request this reduction in writing and include a copy of his/her military orders. 50 U.S.C. App. Sec. 527(b)(1). Once the creditor receives notice, it must grant the relief effective as of the date the servicemember is called to active duty. The creditor must forgive any interest in excess of six percent with a resulting decrease in the amount of the periodic payment that the servicemember is required to make. 50 U.S.C. App. Sec. 527(b)(2). The creditor may challenge the rate reduction if it can show that the SM's military service has not materially affected his or her ability to pay. 50 U.S.C. App. Sec. 527(c).
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| August 11, 2010 |
| Change of Substantial Circumstances in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| 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 requires that the facts on which the prior order was based differ from the present facts, and the difference is enough to justify the court's considering whether to modify the order." Beaupre v. Airriess, 208 Wis.2d 238, 245-46 (Ct. App. 1997). |
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| August 10, 2010 |
| Website Help in Divorce and Child Support Cases in Wisconsin |
| Posted By Linda S. Vanden Heuvel |
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- 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)
- http://www.ccap.courts.state.wi.us/internetcourtaccess (provides access to information on closed and pending cases
- Child Support Percentage Worksheet http://www.wisconsinforms.com/forms/cs3/pdf
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Child Support Calculators http://www.wisconsinfathers.org
http://www.dwd40calculator.com
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| August 10, 2010 |
| Wisconsin Whistleblower Laws Provide the Following: |
| Posted By Linda S. Vanden Heuvel |
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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 amounts of public money, or threats to the health or safety of the public. Before sharing the information with anyone other than a lawyer, union representative or elected official, the employee must share the information, in writing, with either a supervisor or the appropriate governmental unit. To determine which governmental units qualify, or to file a retaliation complaint, call the Equal Rights Division of the state Department of Workforce Development at 414-227-4384. A law passed earlier this year also protects the identities of whistleblowers who share information with journalists. |
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| August 10, 2010 |
| How to Find Out the Actual Earnings of a Specific Occupation to Assist in Maintenance Calculation and Imputed Income |
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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
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| March 05, 2010 |
| What issues should be addressed in a Parenting Plan regarding placement? |
| Posted By Linda S. Vanden Heuvel |
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The following list is not all-inclusive, but does include a number of factors which should be given consideration in any parenting agreement:
Basic time sharing
Transportation
Who besides you and your spouse is allowed to provide transportation
Telephone contact wtih the parent not having placement
Email contact
Cell phone usage by the children
Holidays, birthdays, vacations from school
Mother's Day and Father's Day
Spring break, winter break
Religion
Church attendance
Where the children will go to school
College
Extra-curricular activities
Cost of extra-curricular activities
For example, see
www.supreme.state.az.us/dr/pdf/parenting_time_final.pdf
www.parentingplan.net
www.sharekids.com
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Listen to 1470 WBKV AM on Friday mornings at 9am for Legal Talk with the Vanden Heuvel & Dineen, S.C. Law Firm. Call the station at 262-338-8622 or email your questions to questions@vhdlaw.com