Monthly Archives: February 2014

Posted inprenup

Should I have a Wisconsin prenup?

Wisconsin prenup agreements allow spouses to avoid Wisconsin’s marital property rules.   Each spouse in Wisconsin owns one-half of all marital property.  However, what is considered “marital property” during a marriage is different at divorce.  The definition for divorce is far broader, even covering property titled to only one spouse, or property owned before the marriage.  If you wish to protect assets from […]

Posted inAppeals, Divorce

Should I consider a Wisconsin divorce appeal?

A Wisconsin divorce appeal is generally rather difficult to win.  There are two main reasons for this.  First, a Wisconsin divorce appeal is reviewed under the discretionary standard.  This means that, for issues of property division, child support, maintenance, and child custody/placement, the judge has discretion to make a “reasonable” order based on the testimony and credibility of witnesses.   Even if the appeals court […]

Posted inChild Support

Can Wisconsin child support be waived?

Wisconsin child support is intended for the child’s benefit, though it is paid to a parent.  Therefore, Wisconsin law does not allow parents to waive support on the child’s behalf.  Even if the parents agree, a permanent waiver is not permitted.  The State of Wisconsin and the judge want to ensure that both parents have a fair ability to […]

Posted inDivorce

Tax issues in Wisconsin divorce

If you have completed, or are in the middle of, a Wisconsin divorce should be aware of the following tax issues: Support revisions:  According to Wisconsin Statutes 767.54, as long as there is a child support or family support obligation, both parents are required to exchange “financial information” every year.  Neither the type of financial […]

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