| 86 entries found. Viewing page 1 of 4. |
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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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| August 16, 2010 |
| Consideration of disability during hiring process |
| Posted By Graham P. Wiemer |
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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 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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| 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 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 |
| My child is graduating from high school next week. How does child support end? |
| Posted By Lisa M. Vanden Heuvel |
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| Child support continues until the child reaches 18 years of age or 19 if pursuing a high school diploma or GED. If your child is 18 and will graduate you should contact your local Clerk of Courts. In some cases you will need to file a Motion to Terminate Child Support and in others all you will need to do is provide the local Child Support office with proof of graduation. |
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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 25, 2010 |
| Reasonable suspicion for stopping a person or motor vehicle |
| Posted By Graham P. Wiemer |
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The police may stop a person or vehicle whenever they have a reasonable suspicion that criminal activity is afoot. This standard is a level of cause greater than mere suspicion or hunch, but less than probable cause to arrest.
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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 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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| 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 10, 2010 |
| How can my spouse & I file divorce papers so that neither one of us individually initiated the action? |
| Posted By Lisa M. Vanden Heuvel |
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| In Wisconsin this can be accomplished by filing a Joint Petition for Divorce. With a Joint Petition both parties will be required to sign the document and each will be designated as a Joint Petitioner. The paperwork will need to be filed with the Clerk of Courts in the county where either of you (or both) reside. To file a divorce action you must be a resident of the State of Wisconsin for 6 months and a resident of your county for 30 days before filing. |
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| March 09, 2010 |
| My child will be entering college next year, will child support continue during college? |
| Posted By Lisa M. Vanden Heuvel |
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| The only way child support would continue while your child is in college is if he or she has not yet reached age 18. Once a child reaches age 18 child support stops unless the child is still in high school or pursuing the an equivalent of a high school diploma. In no event does child support continue after the child reaches the age of nineteen (19) even if the child remains in high school. |
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| March 08, 2010 |
| Can my Wisconsin Driver's License be used when I travel to another country? |
| Posted By Lisa M. Vanden Heuvel |
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| In many countries your state Driver's License can be used based on international agreements. Before traveling to another country you should always check its consulate office or embassy to find out whether your license is sufficient. In addition, you may want to obtain an International Driving Permit through a local AAA office. The document will translate the information on your license into ten different languages providing easy access if quick information is needed. |
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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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| 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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| 86 entries found. Viewing page 1 of 4. |
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