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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 |
| 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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| Continue reading "On divorce, change the documents used to prepare for the death of a spouse." » |
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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 |
| Wisconsin Divorce Forms |
| Posted By Linda S. Vanden Heuvel |
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| Go to: www.wicourts.gov/forms1/circuit.htm#family or check out the Waukesha County, Wisconsin, Clerk of Courts website: www.waukeshacounty.gov . |
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| Continue reading "Wisconsin Divorce Forms" » |
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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 |
| Who is Going to be Awarded Placement of my Dog, Jack, When I Get Divorced? |
| Posted By Linda S. Vanden Heuvel |
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| Pets are not considered children, and generally the Court will not award "placement" of the dog unless the parties themselves can work out some sort of an agreement. Pets are considered property and Courts treat them as such during a divorce. There are lawyers who specialize in pet issues. Check your local bar association, animal law section. You can also checkout the website of the National Association for Biomedical Research, Animal Law Section, at www.nabr.org/animallaw . |
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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 31, 2010 |
| Maintenance - What are other factors the Court may consider? |
| Posted By Linda S. Vanden Heuvel |
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| Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance. The last factor to be considered is "other factors as the court may in each individual case determine to be relevant." This other factor may include a relationship with another person on the date of divorce. While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse's financial circumstances, then maintenance may be modified or terminated. Addictions may also be considered "other factors." Consider alcoholism, gambling, marital waste, etc. On the other side, significant health issues may be another factor. |
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| August 31, 2010 |
| Don't Just Accept the Results of a DSS Study. It Must be Supported by the Evidence. |
| Posted By Linda S. Vanden Heuvel |
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| Wis. Stats. 767.405 (14)(b)1 provides that county custody/placement studies are governed by the rules of evidence. The report must be offered in accordance with the rules of evidence and shall be part of a record in the action if it is so offered and admitted into evidence. The court may review the report, but may not rely upon it as evidence before it is properly introduced. |
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| Continue reading "Don't Just Accept the Results of a DSS Study. It Must be Supported by the Evidence." » |
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| August 16, 2010 |
| Consideration of disability during hiring process |
| Posted By VHD |
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An employer may not ask whether a prospective employee has a disability that may affect his ability to perform a job. An employer certainly can determine the qualifications necessary to successfully perform a job, but cannot ask directly about the existence of a disability.
In the event the prospective employee indicates that he has a disability that may require an accommodation, however, things change slightly. At that point, an employer may ask what types of accommodations would allow the prospective employee to perform the functions of the job.
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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 11, 2010 |
| Change of Substantial Circumstances in Divorce Actions |
| Posted By Linda S. Vanden Heuvel |
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| A substantial change of circumstances is fact intensive: "The term 'substantial change of circumstances' is well-known in family law. It focuses on the facts. It compares the facts then and now. It requires that the facts on which the prior order was based differ from the present facts, and the difference is enough to justify the court's considering whether to modify the order." Beaupre v. Airriess, 208 Wis.2d 238, 245-46 (Ct. App. 1997). |
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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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| August 10, 2010 |
| Wisconsin Whistleblower Laws Provide the Following: |
| Posted By Linda S. Vanden Heuvel |
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An employer may not retaliate against a worker for disclosing information about: state or federal law violations, managers in state or local government who abuse authority, people who waste large amounts of public money, or threats to the health or safety of the public. Before sharing the information with anyone other than a lawyer, union representative or elected official, the employee must share the information, in writing, with either a supervisor or the appropriate governmental unit. To determine which governmental units qualify, or to file a retaliation complaint, call the Equal Rights Division of the state Department of Workforce Development at 414-227-4384. A law passed earlier this year also protects the identities of whistleblowers who share information with journalists. |
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| August 10, 2010 |
| Child Support Offset for Social Security Disability Payments |
| Posted By Linda S. Vanden Heuvel |
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If a parent is receiving social security retirement or disability payments, the children should also receive social security benefits directly. Wisconsin addresses this situation. DCF 150.03(5) provides as follows:
"ADJUSTMENT FOR CHILD'S SOCIAL SECURITY. The court may include benefits received by a child under 42 USC 402(d) based on a parent's entitlement to federal disability or old-age insurance benefits under 42 USC 401 to 433 in the parent's gross income and adjust a parent's child support obligation by subtracting the amount of the child's social security benefit. In no case may this adjustment require the payee to reimburse the payer for any portion of the child's benefit." |
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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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| June 01, 2010 |
| Mandatory automobile insurance law |
| Posted By VHD |
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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 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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