Monthly Archives: December 2013

What are my Wisconsin grandparent visitation rights?

Wisconsin grandparent visitation rights are available in some circumstances.  The grandparents must show that that had, or were denied, a relationship with their  grandchild.  Parents have a strong right to parent their children as they wish. Therefore, the grandparents must demonstrate that maintaining the relationship with the grandchild is sufficiently important to outweigh the parents’ rights.  […]

Differences in Baraboo divorce case?

One of the main differences in a Baraboo divorce or Baraboo child custody dispute as opposed to other counties is the role of the guardian ad litem.  The guardian ad litem (GAL) is a lawyer appointed to represent a child’s best interest when the parents cannot agree.   Some larger counties, such as Dane County, have  specific court counseling services […]

Posted inDivorce

Does Sauk County divorce differ from Dane County divorce?

In general, no.   Divorce laws are enacted by the state legislature, and apply to the entire state.  However, each county establishes formal local court rules that can differ by county.  For example, in a Sauk County divorce, judges strictly choose guardians ad litem (lawyers for children’s interests) from a list kept by the county.  In Dane […]

Posted inLegal fees

Reasonable attorney fees in Wisconsin

For family lawyers and clients, ensuring reasonable attorney fees can  be a challenge.  One reason may be the issues faced by young lawyers, and frankly, lawyers in general.  The Wisconsin State Bar completed a report http://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=5&Issue=24&ArticleID=11251 demonstrating some of those challenges, which include sky-high debt, lack of employment, underemployment, low pay, and lack of practical skills and training.  […]

Posted inChild Support

New Wisconsin case addresses requests to modify child support.

In Eisinger v. Pachacek, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=105211, the Wisconsin  Court of Appeals ruled that a change in one parent’s income is not, by itself,  a “substantial change in circumstances” necessary to modify child support.  The Court found that, although the mother’s income had increased by $3,000 per month, neither the father’s (the payer’s) income nor the child’s needs were […]

Posted inDivorce

Preparing for Dane County divorce.

According to this article, http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html, more divorces are filed in January than any other month, perhaps due to holiday stress, financial issues, or a simple desire to start fresh in the new year.   In my experience, Dane County divorce is common around the new year.  While the timing of a Dane County divorce filing is not usually […]

Divorce property division Can I sell property during divorce?

Not without your spouse’s agreement.  Wisconsin divorce property division law specifically prohibits selling, giving away, cashing in, or destroying assets once a divorce is filed.  This rules applies to all property, including retirement accounts, real estate, stocks, investments, checking accounts, CDs, vehicles, furniture, etc.   The purpose is to maintain the couple’s property as close to what it was on the date the divorce was filed.  […]

Posted inDivorce

Post-divorce bitterness as art?

A Michigan man, not content with divorcing his wife and moving on, bought the house next to her and erected a huge vulgar sculpture pointed at her home.  http://www.myfoxdetroit.com/story/23985382/man-buys-the-house-next-to-ex-wife-erects-giant-middle-finger-statue Perhaps the money spent on this sculpture could have been instead given to charity?  Even worse, it appears that there are children involved.  This is a good example?  […]

Damages in Wisconsin divorce /broken engagement?

Although a Wisconsin divorce court could not allow it, a Georgia court recently ordered a man to pay $50,000 to his “ex-fiancée,” ruling that a promise to marry is enforceable.   http://gma.yahoo.com/ga-man-must-pay-50-000-breaking-engagement-003334233.html It is not clear how the court arrived this value, though an attorney speculates it represents 1/2 the value of a jointly-owned home.   The Wisconsin legislature abolished […]

Military benefits in Wisconsin divorce.

Continuing a discussion of the Wisconsin Court of Appeals’ decision in Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, I want to focus on the treatment of military retired pay in a Wisconsin divorce.    Federal rules govern the division of military retirement benefits upon divorce. Therefore, Wisconsin divorce cases involving military members must account for relevant federal laws.  The division of military benefits depends upon the length […]

We Can Help,
Let's Talk

    Yes


    © Copyright 2020 Kowalski Family Law LLC - All Rights Reserved