| 15 entries found. Viewing page 1 of 1. |
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| November 19, 2010 |
| How do you assure that maintenance is not dischargable in a bankruptcy? |
| Posted By Linda S. Vanden Heuvel |
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Always provide for maintenance to cease on the death or remarriage of the recipient in order to maintain a support argument. Also specifically identify that the maintenance is income to the recipient and deductible to the payor. Include a provision in any divorce agreement for the court to retain jurisdiction in the event of bankruptcy.
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| November 19, 2010 |
| Is Maintenance Dischargable in Bankruptcy |
| Posted By Linda S. Vanden Heuvel |
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The quick answer is no. Maintenance is a domestic support obligation. A domestic support obligation must meet four criteria:
1. It must be due to a spouse, former spouse or child. . .
2. It must be in the nature of maintenance or support of such spouse, former spouse or child. . .
c. It must be established or subject to establishment as a result of a separation agreement, divorce decree or property settlement agreement subject to a Court Order . ..
4. It must not be assigned to a non-governmental entity unless the obligation is assigned voluntarily for the purpose of collecting the debt.
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| November 17, 2010 |
| 25 Signs of a Cheating Spouse |
| Posted By Linda S. Vanden Heuvel |
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1. Renewed interest in appearance.
2. Changing Internet use.
3. Changing passwords on accounts and Internet.
4. Changing credit cards and cell phones.
5. Post office box.
6. Lying and inconsistencies.
7. Hiding telephone bills.
8. Increased spending.
9. Less sex.
10. Less eye contact.
11. Coming home at unusual times.
12. Refusing to give rational explanations for behavior.
13. Buying new perfume or cologne.
14. Sudden change in driving paterns.
15. Sexy, hot underwear.
16. Intuition.
17. Coming home late or not at all.
18. Irregular work hours.
19. Using myspace, facebook, twitter, etc.
20. Mood swings.
21. Showering at odd times.
22. Going down in the basement to talk on telephone.
23. Perfume on clothes.
24. Opening separate bank accounts.
25. Excessive interest of where you are going to be.
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| November 17, 2010 |
| Domestic Violence Information is Available |
| Posted By Linda S. Vanden Heuvel |
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| Check out the National Domestic Violence Hotline: 1-800-799-SAFE or the National Coalition Against Domestic Violence: www.ncadv.org or 303-839-1852. |
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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 |
| What is gross income for child support purposes? |
| Posted By Linda S. Vanden Heuvel |
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| 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. The payor has the burden to argue when the percentage is unfair. In the past the court has affirmed including trips paid by the employer as gross income; health insurance premiums, voluntary contributions to retirement plan; loan repayments from closely held businesses over time; and lump sum retirement benefits. However, gross income does not include public assistance including supplemental security income, educational grants and loans, AFDC and other child support. |
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| May 26, 2010 |
| My child is graduating from high school next week. How does child support end? |
| Posted By Lisa M. Vanden Heuvel |
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| Child support continues until the child reaches 18 years of age or 19 if pursuing a high school diploma or GED. If your child is 18 and will graduate you should contact your local Clerk of Courts. In some cases you will need to file a Motion to Terminate Child Support and in others all you will need to do is provide the local Child Support office with proof of graduation. |
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| May 18, 2010 |
| Child support arrearages and death |
| Posted By VHD |
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Child support arrearages can be recovered through the claims process against the estate of the decedent. Claims, however, must be filed in compliance with Chapter 859. The time in which a claim may be filed is jurisdictional.
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| March 09, 2010 |
| My child will be entering college next year, will child support continue during college? |
| Posted By Lisa M. Vanden Heuvel |
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| The only way child support would continue while your child is in college is if he or she has not yet reached age 18. Once a child reaches age 18 child support stops unless the child is still in high school or pursuing the an equivalent of a high school diploma. In no event does child support continue after the child reaches the age of nineteen (19) even if the child remains in high school. |
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| March 02, 2010 |
| Child Support |
| Posted By Graham P. Wiemer |
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When parents do not live together, Wisconsin law requires a Court to order either or both parents to pay "an amount reasonable or necessary to fulfill a duty to support" children. The court must enter an order for support when it does any of the following: (1) approves a Marital Settlement Agreement or final stipulation for child support; (2) enters a judgment of annulment, divorce, or legal separation; (3) enters an order for child support in an action to establish child support; (4) enters an order for family support; (5) enters a paternity judgment.
Generally, child support obligations continue until a child turns 18 years old, or 19 years old if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.
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| February 12, 2010 |
| High Income Earner |
| Posted By Graham P. Wiemer |
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| For child support purposes, there are difference child support calculations depending on one's income. High income earners are people that make $84,000.00 or more per year. That ends up being $7,000.00 per month. Speak with an attorney if you fall into this category. |
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| January 19, 2010 |
| If one parent has primary placement of the minor children in a divorce how is child support amount set? |
| Posted By Lisa M. Vanden Heuvel |
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The Wisconsin Administrative Code, Chapter DCF 150, sets forth the standard percentage of gross income due from the non-primary parent as and for child support. The percentages are as follows:
(a) 17% for one child;
(b) 25% for 2 children;
(c) 29% for 3 children;
(d) 31% for 4 children; and
(e) 34% for 5 or more children.
The amount of child support may vary due to the payers level of income.
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| January 12, 2010 |
| Basic child support guidelines |
| Posted By Graham P. Wiemer |
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| The basic child support guidelines are used when one parent cares for the child for more than 75% of the time (274 or more days per year). The other parent will pay support based on his or her income. The basic support guidelines are: 17% of gross income for 1 child, 25% of gross income for 2 children, 29% of gross income for 3 children, and 31% of gross income for 4 children. |
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| January 07, 2010 |
| Income for the calculation of child support |
| Posted By Graham P. Wiemer |
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| Gross income is defined as all income from any source. This income may or may not be taxable. Income can be in the form of money, property or services. As a result, gross income includes: wages, salaries, earnings, tips, interest, capital gains, commissions, bonuses, worker's compensation, unemployment insurance payments, social security payments and veteran benefits. |
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| December 08, 2009 |
| How long does a child support obligation continue? |
| Posted By Lisa M. Vanden Heuvel |
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| Under Wisconsin law, a parent's duty to support a child continues until age 18, or until age 19 if the child is still enrolled in high school or pursuing a high school equivalency course (GED). If back support remains due after current support ends, the withholding order will remain until the past-due is paid. |
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| 15 entries found. Viewing page 1 of 1. |
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