Image via Wikipedia In Wisconsin, Court files are generally open and subject to public inspection, as part of the state Open Records Law. That is why a political news story caught my eye: a Judge in a Missouri congressman’s divorce sealed the file after a reporter asked to see it. Unless a Judge specifically orders [...]
How is Child Support Calculated? (WI Family Law)
In Wisconsin, child support is calculated based upon the number of minor children, the parents’ income and the parents’ physical placement time with the children. All support calculations are based upon the “Percentage of Income Standard,” found in the Wisconsin Administrative Code at DCF Chapter 150. The most basic child support calculation is based solely [...]
Do you really want to fight over the Tupperware? (Wisconsin Family Law)
One of the most challenging projects for couples who are splitting up is the division of household items between them. While the divorce court evaluates property based upon its fair market value, most people going through a divorce are concerned about the replacement value of these items. After all, who wants to go through life [...]
Custody and Placement Mediation Topics
Under Wisconsin law, parents are required to attend at least one session of mediation whenever legal custody and/or physical placement is at issue, with little exception. The purpose of mediation is to try to help parents resolve their disagreements without having to go through a full-blown custody battle. Most parents are able to reach agreement [...]
What is a Deposition?
In contested cases, a great deal of work goes into preparing the case for court. Sometimes, it is necessary to conduct a deposition. A deposition is testimony taken under oath (under penalty of perjury) in advance of a trial or evidentiary hearing before a Judge or Court Commissioner. Typically, a deposition is taken both to learn [...]
5 Ways You Can Help Control Your Legal Fees for Family Law Matters
Most people find they do not want to go through a divorce without an attorney, particularly those mired in contentious cases. Yet, in these difficult economic times, they do not want to pay massive legal bills. There are things that clients can usually do to help control their legal costs. These are my top five: 1. [...]
Physical Placement: The Basics
In Wisconsin, the legal terminology to describe physical custody of a child in Family Court matters is “physical placement.” During a parent’s periods (times) of physical placement, the child is either with the parent or under that parent’s care. The parent with physical placement has the right and responsibility to make routine, daily decisions about [...]
Legal Custody: The Basics
Parents who are divorcing are usually concerned about their “custody” rights. In Wisconsin, the term “legal custody” is not the same as “physical custody.” Legal custody is the legal terminology describing the legal right to make major decisions about your children and their upbringing. The law specifically sets forth some of the major decisions, including: decisions regarding consent [...]
Have a (Parenting) Plan
Many people, particularly dads, come into the office with the idea that they would like to have “50/50″ in regards to custody and physical placement arrangements. Shared parenting is a lofty goal. However, for some people, it is difficult to come up with concrete details as to how a shared parenting proposal would actually work in practice. [...]
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