| 33 entries found. Viewing page 1 of 2. |
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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 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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| June 03, 2010 |
| Home entries by police |
| Posted By Graham P. Wiemer |
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Without a search warrant, the police can only enter or home, or its curtilage, to conduct a search or an arrest when exigent circumstances exist, regardless of whether the police have probable cause. The most common forms of exigent circumstances given by police are "hot pursuit," office safety, evidence destruction and suspect flight.
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| May 28, 2010 |
| Vehicle search |
| Posted By Graham P. Wiemer |
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When the police have probable cause to believe that contraband or illegal substances are inside a vehicle, the police can search the vehicle absent a warrant. This search is legally justified based on the mobility of the vehicle.
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| May 27, 2010 |
| Search incident to lawful arrest |
| Posted By Graham P. Wiemer |
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The police are legally allowed to search a person and/or his vehicle whenever the police have made a legal arrest. The justification for this search is police officer safety. If the search precedes the arrest, it is an illegal search because the justification was not present at the time of the search.
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| May 26, 2010 |
| Length of stop/detention |
| Posted By Graham P. Wiemer |
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Assuming you have been properly stopped by law enforcement based on their reasonable suspicion that criminal activity was afoot, the police may detain you long enough to investigate that reasonable suspicion. The detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
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| May 14, 2010 |
| How Long Do You Have to Serve a Divorce Summons and Petition? |
| Posted By Graham P. Wiemer |
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In Wisconsin, the Petitioner has ninety (90) days from the date of filing to serve the Summons and Petition on the opposing party.
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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 11, 2010 |
| Paternity |
| Posted By Graham P. Wiemer |
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Paternity means the establishment of a legal father for a child born to unmarried parents. Generally, we assume it is in the best interest of the child to have paternity established, as this creates a legal relationship between a child and the father. Paternity establishment gives the child inheritance rights and access to future benefits through the father.
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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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| January 14, 2010 |
| Jurisdiction for a Divorce |
| Posted By Graham P. Wiemer |
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| In the State of Wisconsin, a divorce action must be filed in the county where the person resides. The person filing for divorce must be a resident of the State of Wisconsin for more than six months immediately proceeding the filing, and a resident of the county where the divorce will be filed for more than 30 days prior to the filing of the action. |
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| January 07, 2010 |
| Foster families |
| Posted By Graham P. Wiemer |
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| If you are someone you know is interested in becoming a foster parent, the first step is to contact a county, tribal, or treatment foster care licensing agency in Wisconsin. Here is a link to the contact information for those agencies: http://www.wifostercareandadoption.org/snav/50/page.htm |
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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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| 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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| 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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| 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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| December 10, 2009 |
| Enforcement of Physical Placement |
| Posted By Graham P. Wiemer |
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A Petition to Enforce Physical Placement is filed by a parent who has been awarded periods of physical placement and is seeking enforcement of that order. This parent is referred to as the Petitioner in this context, regardless of whether that parent was referred to as the Petitioner or Respondent in the original action.
Enforcement of Physical Placement is necessary when one parent has had one or more periods of placement denied or substantially interfered with by the other parent. |
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| December 09, 2009 |
| Harassment Restraining Order - What Can the Court Order the Respondent to do if a TRO is Issued? |
| Posted By Christopher J. MacGillis |
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| The court can order the respondent to (1) cease any harassment of the petitioner, (2) avoid the harassment of the petitioner, (3) avoid the petitioner's residence or any premise temporarily occupied by the petitioner, and (4) any combination of these remedies. |
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| December 08, 2009 |
| Harassment Restraining Order - When Can the Court Extend a Temporary Restraining Order? |
| Posted By Christopher J. MacGillis |
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The court can extend a temporary restraining order under the following conditions:
(1) The parties agree in writing to the extension; and
(2) The court finds that the Respondent has not been served with a copy of the Petition although the petitioner has exercised due diligence. |
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| December 07, 2009 |
| Harassment Restraining Order - How Long is the Temporary Restraining Order in Effect? |
| Posted By Christopher J. MacGillis |
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| The temporary restraining order is in effect until the court holds an injunction hearing. The injunction hearing shall be held within 14 days of issuing the temporary restraining order, unless an extension is granted. |
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| December 04, 2009 |
| Harassment Restraining Order - How Much Does it Cost to File A Petition? |
| Posted By Christopher J. MacGillis |
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| If a proceeding is brought under Wis. Stat. Sec. 813.125 and does not allege domestic abuse behavior as listed in Wis. Stat. Sec. 813.12(1)(am)1-6 or stalking behavior in Wis. Stat. Sec. 940.32, the filing fee is generally $155.00. |
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| December 03, 2009 |
| Harassment Restraining Order - In What County can I File? |
| Posted By Christopher J. MacGillis |
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A person that is harassed can file a petition for a restraining order in the following counties:
1. the county where the petitioner resides
2. the county where the respondent resides
3. the county where the incident occurred |
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| December 02, 2009 |
| Harassment Restraining Order - What Type of Abuse Must be Alleged in the Petition |
| Posted By Christopher J. MacGillis |
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To obtain a temporary restraining order or injunction, the following type of actions must be alleged in the petition:
1. Striking, shoving, kicking, or subjecting another to physical contact or attempting or threatening to do the same;
2. Engaging in course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose;
3. Child Abuse under Wis. Stat. Sec. 48.02;
4. Sexual intercourse or sexual contact under Wis. Stat. Sec. 940.225; and
5. Stalking under Wis. Stat. Sec. 940.32. |
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| December 01, 2009 |
| How Does a Court Determine if a Spouse is Entitled to Maintenance? |
| Posted By Christopher J. MacGillis |
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A court will consider the following factors to determine if a spouse is entitled to maintenance:
1. the length of the marriage
2. the age and physical and emotional health of the parties.
3. the division of property made under s. 767.61.
4. the education level of each party at the time of marriage and at the time the action is commenced.
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 expectation 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.
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| 33 entries found. Viewing page 1 of 2. |
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