| 15 entries found. Viewing page 1 of 1. |
| |
| August 11, 2010 |
| School Records in Divorce Actions |
| Posted 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 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. |
|
| Continue reading "School Records in Divorce Actions" » |
|
Permalink | Comments(0) |
| |
| 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 |
|
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).
|
|
| Continue reading "Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service" » |
|
| Permalink | Comments(0) |
| |
| August 10, 2010 |
| Website Help in Divorce and Child Support Cases in Wisconsin |
| Posted 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)
- 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
-
Child Support Calculators http://www.wisconsinfathers.org
http://www.dwd40calculator.com
|
|
| Continue reading "Website Help in Divorce and Child Support Cases in Wisconsin" » |
|
| Permalink | Comments(0) |
| |
| May 25, 2010 |
| Reasonable suspicion for stopping a person or motor vehicle |
| Posted By Graham P. Wiemer |
|
The police may stop a person or vehicle whenever they have a reasonable suspicion that criminal activity is afoot. This standard is a level of cause greater than mere suspicion or hunch, but less than probable cause to arrest.
|
|
| Continue reading "Reasonable suspicion for stopping a person or motor vehicle" » |
|
| Permalink |
| |
| March 05, 2010 |
| What issues should be addressed in a Parenting Plan regarding placement? |
| Posted By Linda S. Vanden Heuvel |
|
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
|
|
| Continue reading "What issues should be addressed in a Parenting Plan regarding placement?" » |
|
| Permalink | Comments(0) |
| |
| February 19, 2010 |
| Interrogatories |
| Posted By Graham P. Wiemer |
|
| An interrogatory is a written question, usually in a set of questions, submitted to an opposing party in a lawsuit as part of discovery. |
|
| Continue reading "Interrogatories" » |
|
| Permalink |
| |
| January 27, 2010 |
| Property division in a divorce |
| Posted 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 will distribute the marital assets between the two parties in an equitable fashion. Equitable does not necessarily mean equal, but rather what is deemed fair and reasonable by the court.
|
|
| Continue reading "Property division in a divorce" » |
|
| Permalink |
| |
| January 05, 2010 |
| Common law marriage |
| Posted By Graham P. Wiemer |
|
| Some states recognize couples as married after they agree to marry and live together for a specified time, even though they never formally marry. Wisconsin requires a marriage license and an official ceremony. |
|
| Continue reading "Common law marriage" » |
|
| Permalink |
| |
| January 04, 2010 |
| Termination of Marriage |
| Posted By Graham P. Wiemer |
|
| In order to legally terminate a marriage, a civil action must be filed. Divorces and legal separations are civil actions to terminate marriages. They are very similar, but there are important differences. An attorney can help determining which is best for you. |
|
| Continue reading "Termination of Marriage" » |
|
| Permalink |
| |
| December 18, 2009 |
| Qualifications for foster parents |
| Posted By Graham P. Wiemer |
|
There are a number of qualifications for becoming a foster parent. Some are objective
qualifications set by various government agencies, while others are subjective,
such as good parenting. Some objective qualifications are as follows:
-You must be 21 years of age or older
-You must be in good health and willing to provide documentation
-You must complete a successful home study.
-You must complete a criminal background check
-You must have homeowner's or renter's insurance
|
|
| Continue reading "Qualifications for foster parents" » |
|
| Permalink |
| |
| December 14, 2009 |
| Annulment |
| Posted By Graham P. Wiemer |
|
Annulments are granted in very limited circumstances. A judicial proceeding is required to annul a marriage, and a marriage cannot be annulled after the death of a party to the marriage.
A Court may annul a marriage when (1) a party lacked capacity to consent to the marriage, at the time of the marriage, (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time of the marriage the other party did not know of the incapacity, (3) a party was 16 or 17 years of age and did not have the consent of his or her parent or guardian, or (4) the marriage is prohibited by the laws of this state. |
|
| Continue reading "Annulment" » |
|
| Permalink |
| |
| December 11, 2009 |
| Maintenance |
| Posted By Graham P. Wiemer |
|
Maintenance, which was previously referred to as spousal support or alimony, is a payment from one spouse directly to the other. It is entirely different than child support. By state statute, a Court can grant an order requiring maintenance payments to either party for a limited or indefinite length of time, after considering the following ten factors:
(1) the length of the marriage
(2) the age and physical and emotional health of the parties
(3) the division of property
(4) the educational level of each party at the time of marriage
(5) the earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment
(6) the feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal
(7) the tax consequences to each party
(8) any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the exception of reciprocation or other compensation in the future, if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
(9) the contribution by one party to the education, training or increased earning power of the other
(10) such other factors as the Court may in each individual case determine to be relevant
|
|
| Continue reading "Maintenance" » |
|
| Permalink |
| |
| November 19, 2009 |
| What is a guardian ad litem in a family law case? |
| Posted By Lisa M. Vanden Heuvel |
|
A guardian ad litem (GAL) is an attorney licensed to practice law in Wisconsin. A GAL is appointed by the court to represent the best interest of the child through the investigation of a case or court process. The GAL will investigate the facts of a case and provide a recommendation to the court on legal custody and placement issues that can not be resolved by the parties. The GAL is not the child’s attorney, but does represent the best interest of the child. |
|
| Continue reading "What is a guardian ad litem in a family law case?" » |
|
| Permalink |
| |
| November 19, 2009 |
| Wisconsin Program to Help Seniors with Prescription Drugs |
| Posted By Linda S. Vanden Heuvel |
|
| SeniorCare is Wisconsin's prescription drug assistance program for Wisconsin residents who are age 65 or older and meet eligibility requirements. By making prescription drugs more affordable, SeniorCare makes it easier for seniors to obtain the medicine needed for a healthier life. Eligibility requirements include Wisconsin residency, 65 or older, $35 annual fee. For more information call the SeniorCare customer service hotline at 1-800-657-2038. Or visit www.dhs.wisconsin.gov/seniorcare |
|
| Continue reading "Wisconsin Program to Help Seniors with Prescription Drugs" » |
|
| Permalink |
| |
| November 17, 2009 |
| What is CCAP? |
| Posted By Graham P. Wiemer |
|
| CCAP stands for "Consolidated Court Automation Program," and provides access to certain public records of the circuit courts of Wisconsin. The case record summaries on CCAP are all public records under Wisconsin open records law. |
|
| Continue reading "What is CCAP?" » |
|
| Permalink |
| |
| 15 entries found. Viewing page 1 of 1. |
| |
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