| 38 entries found. Viewing page 1 of 2. |
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| June 01, 2010 |
| Mandatory automobile insurance law |
| Posted By Graham P. Wiemer |
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A state law requiring all Wisconsin drivers to maintain automobile liability insurance goes into effect today. Wisconsin is the 49th state to enact such a law.
Under the new law, uninsured drivers must purchase liability insurance or face a fine of $500.00.
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| May 18, 2010 |
| Child support arrearages and death |
| Posted By Graham P. Wiemer |
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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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| May 04, 2010 |
| Implied Consent |
| Posted By Graham P. Wiemer |
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When requested to do so by a law enforcement officer, under current Wisconsin law, any person who operates a motor vehicle on a public highway in the State of Wisconsin is deemed to have given consent to one or more tests of her breath, blood or urine, for the purpose of determining the presence or quantity of alcohol in her system.
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| March 03, 2010 |
| BAC |
| Posted By Graham P. Wiemer |
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| Blood alcohol content, or BAC, is how we refer to the concentration of alcohol in a person's blood. BAC is the most commonly used determination for intoxication, and most of our drunk driving laws are directly tied to drivers' BAC levels. |
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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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| March 02, 2010 |
| Wisconsin Implied Consent Law |
| Posted By Graham P. Wiemer |
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By state statute, any driver on Wisconsin highways is deemed to have given consent to one or more tests of his/her blood, breath or urine. This test is used to determine whether there is a prohibited amount of alcohol, controlled substances, controlled substance analogs or other drugs, or any combination of alcohol, controlled substances, controlled substance analogs and other drugs. The law enforcement officer must request this test, and must read the Informing the Accused form to the person arrested for OWI. |
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| February 26, 2010 |
| Move Over Law |
| Posted By Graham P. Wiemer |
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To help protect maintenance workers and emergency responders, the State of Wisconsin has passed a move over law, which requires drivers to shift lanes and/or slow down in the event an ambulance, police car, fire truck, tow truck or related vehicle is stopped on the side of the road with its emergency lights flashing.
If a driver has room to switch lanes safely, he must move over to vacate the lane closest to the stopped emergency vehicle. If the road is a two-lane road, or the driver cannot otherwise change lanes safely, speed must be reduced.
It's important to keep this law in mind while driving. Especially on the highway, and especially during the winter.
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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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| February 10, 2010 |
| Fair Housing |
| Posted By Graham P. Wiemer |
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The Wisconsin Fair Housing Law protects the rights of people in the rental or purchase
of housing.
In Wisconsin it is illegal to discriminate in renting or selling housing because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age or ancestry.
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| February 01, 2010 |
| Employment at will |
| Posted By Graham P. Wiemer |
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Generally, most employment in Wisconsin is employment at-will. That means that an employee may resign or be terminated at any time for any reason, provided that the termination does not violate the law. A different way of putting that is that an employee may be terminated for a good reason, a bad reason, or no reason, as long as it is not an illegal reason.
The concept of employment at-will does not apply when there is an employment contract or a collective bargaining agreement.
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| January 22, 2010 |
| Prevailing wage law update |
| Posted By Graham P. Wiemer |
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The most-recently approved State budget included significant changes to prevailing wage laws,Wis. Stat.§§66.0903 and 103.49, which became effective January 1, 2010. Helpful information can be found here:
http://www.dwd.state.wi.us/er/prevailing_wage_rate/pw_pdf/PW%20Law%20Changes-Website-100109.pdf
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| January 20, 2010 |
| Child labor laws |
| Posted By Graham P. Wiemer |
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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 week are all regulated. These restrictions depend on the age of the minor and whether or not school is in session during the period they are employed. Only high school graduates and other minors who are exempt from school attendance may be employed the same hours as an adult.
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| January 18, 2010 |
| Federal and Wisconsin Family Medical Leave Acts |
| Posted By Graham P. Wiemer |
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This is an extremely helpful link when comparing the differences between the federal Family Medical Leave Act and the Wisconsin laws relative to same:
http://www.dwd.state.wi.us/er/family_and_medical_leave/publication_erd_9680_p.htm |
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| January 18, 2010 |
| Psychiatrist vs. Psychologist |
| Posted By Graham P. Wiemer |
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not
in the field, it basically comes down to whether the particular person can prescribe medicine. A different way of saying that is that psychiatrists are medical doctors and psychologists are not. Both professionals, however, do take a lot of school and training.
Wondering what the difference between a psychiatrist and a psychologist? The difference is not often clear, but to those of us |
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| January 15, 2010 |
| Settlement Conference |
| Posted By Graham P. Wiemer |
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| A settlement conference is usually an opportunity for the parties, and likely their attorneys, to get together and discuss the issues, and proposals for settlement to those issues. From my experience, I know that settlement conferences can be utilized with great success when negotiating a final settlement to a divorce. |
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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 08, 2010 |
| Benefits to foster parenting |
| Posted By Graham P. Wiemer |
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| Foster parents are able to provide children with a safe and loving place to live when parents are unable to provide that. Foster children
come from a wide variety of backgrounds and situations. They are
children of all ages and races. The children in the most need of homes
are children with special needs, including teenagers, siblings and
children with physical, emotional or behavioral disabilities. Often, these are children that just need a place to call home. |
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| Continue reading "Benefits to foster parenting" » |
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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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| January 06, 2010 |
| Physical placement and legal custody |
| Posted By Graham P. Wiemer |
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Physical placement is the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child's care. Physical placement is generally defined as where the child is living on a day-to-day basis.
Legal custody is the right and responsibility to make major decisions concerning the child. Such major decision include, but are not limited to, where the children attend school, major medical decisions, and choice of religion. |
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| December 31, 2009 |
| COBRA coverage |
| Posted By Graham P. Wiemer |
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COBRA coverage usually refers to continued health insurance benefits taken by a former employee. We have likely heard this term lately, as many people struggle with obtaining health insurance after losing their jobs. Under the Consolidated Omnibus Budget Reconciliation Act of 1986 or "COBRA" businesses with 20 or more employees are
required to offer temporary
extended health care plans to employees and their families when coverage under the plan would otherwise end.
COBRA coverage doesn't only apply to termination of employment, however, as we often must address this issue in the context of a divorces, where one spouse traditionally provided the health insurance for the family, and a newly divorced spouse must obtain health insurance for him/herself. |
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| December 28, 2009 |
| Tougher drunk driving laws |
| Posted By Graham P. Wiemer |
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On Tuesday, December 22, 2009, Governor Jim Doyle signed a law making Wisconsin's drunk driving laws tougher. The costs associated with the changes to our current laws are to be offset by increased fees and penalties for drunk drivers. The three biggest changes are:
-Fourth offense OWI will be a felony if it occurs within five years of an earlier offense
-Ignition interlocks will be required for repeat offenders and first-time offenders with at or above a 0.15 blood alcohol level
-Increases first offense OWI to a misdemeanor if a child under 16 is in the vehicle |
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| December 15, 2009 |
| Harassment Restraining Order - Will I Automatically Have to Surrender My Firearms? |
| Posted By Christopher J. MacGillis |
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| No, if the court issues an injunction against you, the court has the authority to order that you are prohibited from possessing a firearm if it determines, based on clear and convincing evidence, that you may use a firearm to cause physical harm to another or to endanger public safety. |
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| Continue reading "Harassment Restraining Order - Will I Automatically Have to Surrender My Firearms?" » |
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| December 14, 2009 |
| Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued? |
| Posted By Christopher J. MacGillis |
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The Court can order the Respondent to do any of the following if it grants an Injunction against the Respondent:
1. Cease the harassment of the Petitioner;
2. Avoid the harassment of the Petitioner;
3. Avoid the Petitioner's residence or any premises temporarily occupied by the Petitioner or both.
4. Any combination of these remedies; and
5. Prohibit the Respondent from possessing a firearm if it is determined that the Respondent may use a firearm to cause physical harm to another or to endanger public safety. |
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| Continue reading "Harassment Restraining Order - What Can the Court Order the Respondent to do if an Injunction is Issued?" » |
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| December 11, 2009 |
| Harassment Restraining Order - How Long Can An Injunction Be Granted Against A Respondent? |
| Posted By Christopher J. MacGillis |
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| Pursuant to Wis. Stat. Sec. 813.125(4)(c), a court cannot grant an injunction for more than four years. |
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| Continue reading "Harassment Restraining Order - How Long Can An Injunction Be Granted Against A Respondent?" » |
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| December 10, 2009 |
| Harassment Restraining Order - Does the Court Have to Contact the Respondent before Issuing a TRO? |
| Posted By Christopher J. MacGillis |
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| No. A Court can issue a TRO without notifying the Respondent. The Petitioner has the responsibility of notifying the Respondent and the local authorities. |
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| Continue reading "Harassment Restraining Order - Does the Court Have to Contact the Respondent before Issuing a TRO?" » |
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| 38 entries found. Viewing page 1 of 2. |
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