| 42 entries found. Viewing page 1 of 2. |
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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 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 |
| 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 |
| 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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| 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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| November 17, 2010 |
| COBRA Coverage is Not Always the Best |
| Posted By Linda S. Vanden Heuvel |
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| Before selecting COBRA coverage after a divorce, the party requiring health insurance should compare the COBRA coverage to other individual plans, including temporary insurance plans. This can be done by seeking information from various health insurance providers, but also try www.ehealthinsurance.com which allows for comparison shopping. |
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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 VHD |
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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 VHD |
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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 VHD |
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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 VHD |
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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 VHD |
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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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