| 15 entries found. Viewing page 1 of 1. |
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| December 06, 2010 |
| You Are Not Too Young to Utilize a Prenup |
| Posted By Linda S. Vanden Heuvel |
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| Prenuptial agreements are used more and more often by the younger generation. Issues such as school loans, homes, pets, pensions, retirement accounts, premarital personalty, credit card debt, income when one party can't find a job, educational costs, business ownership, future assets, insurance, etc., are all issues which can be addressed in a prenuptial agreement. These issues effect persons in first marriages, some of whom may be in their 20s and 30s. |
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| December 06, 2010 |
| Elder Care - Check Drug Costs |
| Posted By Linda S. Vanden Heuvel |
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| AARP and Consumer Reports released an online tool at www.drugsavings.aarp.org that lists generic alternatives for brand name drugs. The site estimates what the monthly cost would be for each option without factoring in health insurance. The site also lists drugs common uses and side effects. |
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| November 19, 2010 |
| Grandparent Visitation may be addressed in the Marital Settlement Agreement |
| Posted By Linda S. Vanden Heuvel |
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The issue of grandparent visitation is one of significance in many divorce cases. Obtaining grandparent visitation post-judgment is oftentimes difficult so if the parties are able to address the issue of grandparent visitation during the divorce process, it may save litigation in the future and foster a positive, significant relationship between the grandparents and minor children. Even if grandparent visitation is not addressed, you may include a clause that allows for the children to receive telephone calls from the grandparents and specifically prevents interference by either party with the children's relationship with the grandparents. Grandparents should be considered for summer visitation, as well as holidays.
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| November 19, 2010 |
| Elder law legal concerns for the attorney |
| Posted By Linda S. Vanden Heuvel |
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1. Personal injury lawyers should remember that their responsibility does not necessarily end with the personal injury settlement, especially relative to personal injury settlement proceeds obtained for incapacitated adults.
2. Divorce attorneys must address the issue of aging spouses, some of whom may have diminished capacity. Determine what effect the division of marital property and maintenance may have in future long term care.
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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 |
| On divorce, change the documents used to prepare for the death of a spouse. |
| Posted By Linda S. Vanden Heuvel |
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| Once divorced, review your wills, trusts, living will, life insurance, medical power of attorney, financial power of attorney, beneficiary designations, etc., to make sure that your estate planning is up to date. |
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| November 17, 2010 |
| If my spouse dies during the divorce, what happens? |
| Posted By Linda S. Vanden Heuvel |
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| In Wisconsin, the divorce is dismissed. |
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| November 17, 2010 |
| 10 Ways to Spy on Your Spouse |
| Posted By Linda S. Vanden Heuvel |
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If your spouse is cheating, you may want to obtain hard evidence of that fact. While Wisconsin is a no-fault state, evidence of cheating may be an emotional need of the injured spouse.
1. Private investigator.
2. GPS tracking.
3. Check cell phone and phone records.
4. Listen in on the phone call.
5. Check myspace, facebook, match.com, twitter, eharmony, etc., etc.
6. Check online browsing history on the computer. Check Internet Explorer first. Once the browser goes to Tools select Internet Options, then Settings under the Browsing History Section. You will then be able to view files and see what pages your spouse has visited in the past weeks.
7. Check your spouse's email account. If the computer is located in the marital residence and is jointly used, it probably is not a violation.
8. Hidden cameras.
9. There is hardware available to place on your spouse's computer to monitor online activities.
10. Ask. |
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| November 17, 2010 |
| Taxes and Divorce |
| Posted By Linda S. Vanden Heuvel |
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| The IRS provides a publication: Divorced or Separated Individuals. It's IRS Publication 504, available at www.irs.gov or by calling 1-800-829-3676. |
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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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| 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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| February 23, 2010 |
| Bail vs. Bond |
| Posted By Graham P. Wiemer |
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Bail is a security such as cash or a bond, especially security required by a court for the release of a prisoner who must appear at a future time.
Relatedly, bond is a written promise to pay money or do some act if certain circumstances occur or a certain time elapses.
In the criminal sense, all bond postings must be made directly with the county jail or Sheriff’s Department in the State of Wisconsin.
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| February 08, 2010 |
| Washington County Family Law Assistance Program |
| Posted By Graham P. Wiemer |
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Every Tuesday from 12:00 p.m. to 1:00 p.m., in rRom 1104 of the Justice Center, Family law attorneys help with forms, written instructions, and checklists. The volunteer attorneys can also provide procedural guidance and assistance in completing the forms and following the written instructions. There is no cost for the service. No appointment is necessary. Walk-ins are welcome, and will be assisted on a first-come first-served basis.
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| 15 entries found. Viewing page 1 of 1. |
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