Sunday, November 14, 2010
Under the new Waukesha County Court Rule 3, Child support is STOPPED when your youngest child turns 18 years old even if he or she is in highschool UNLESS the parent receiving child support sends the Waukesha County Child Support Office a letter from the child's school "with a currently dated letter from the child's school, on school letterhead, that states that the child is enrolled and attending classees and the date of expected graduation. This letter must be provided to the child support office before the child's 18th birthday. A copy of the letter must be provied to the child support office and to any other party under the local five-day rule. Upon receipt of this letter and proof that a copy was provided to the other party, the income assignment for child support will be continued through the anticipated date of graduation, or to age 19, whichever occurs first."
A parent receiving child support MUST keep their address up to date with the Child Support Office, not just the Clerk of Courts, otherwise Child Support will not send a reminder letter to the right address. If you do not receive a reminder letter from Child Support, child support will be stopped anyway and you will need to file a motion or a stipulation signed by both parents to re-start child support.
Thursday, September 16, 2010
Sunday, January 31, 2010
Giving the children the opportunity to spend time with one parent while the other parent takes a day or weekend off is something that seems to work for some people. It is similar to a nesting arrangement (see prior post), but it is an informal arrangement without lawyers, court orders, or a legal action. Aside from giving each of you a break, it has the added benefit of getting used to being without the children while the other has placement.
Most importantly, talk to a therapist about how to make it work. Talking to others who have separated often gets you a long story about the worst of their situation. People only tend to remember the worst.
If you want the strength of a legal document, instead of relying on your spouse to honor your verbal agreement, you should call an attorney who drafts marital agreements, also referred to as post-nups or post-nuptial. These agreements lay out what happens in the event of divorce or legal separation, and death. For example, it can spell out the children's placement schedule when a divorce is filed or who is responsible for certain debts.
None of this will work if you are in a domestic violence situation. No post-nup should be worth the paper it is written on if it is the result of threats or coercion. Criminal cases resulting from domestic disputes and/or violence seem to be on the rise. Staying together to save money when your relationship that is verbally or physically abusive can come at the cost of medical bills, loss of reputation, criminal defense attorney fees, court fines and costs, even jail or prison. It is the opinion of this writer, that it is never worth the costs. Both spouses need the help of a therapist regardless of whether they stay together or separate.
Keep in mind this blog is for Wisconsin residents only. As always, this is no substitute for legal advice from an attorney that knows your particular circumstances. No attorney-client relationship is formed between the reader and Lakeland Law Firm, LLC from reading this blog.
Wednesday, November 4, 2009
If you would like more information about legal separation, contact an attorney. As always, this and any blog posting are no substitute for legal advice.
Monday, October 19, 2009
Hiring an attorney can be a daunting task, especially when you are going to court over your children and everything you own. Below are some things to keep in mind when hiring an attorney. This is not an exhaustive list, but merely a started point.
- Take advantage of free consultations.
- Meet the attorney. Make sure it is someone that you can imagine talking to frequently for the next four-to-nine months, perhaps even longer.
- Bring a list of questions to make the most of your free consultation time.
- If your divorce, support or placement dispute case has already been started in court, bring copies of all of the relevant documents to your consultation so that the attorney can review them.
- Inquire about fees and ask for a fee agreement to review.
- Ask what percentage of the attorney’s practice is devoted to family law.
- Ask questions aimed at getting a sense of the attorney’s general approach – are you looking for someone to make your spouse miserable, or are you looking for someone with a more cooperative approach?
Thursday, September 24, 2009
While this posting is not full of legal terms or theories, I still have to remind readers that this is no substitute for legal advice from an attorney who knows your particular family situation.
Thursday, September 3, 2009
Custody is not as straight forward. Custody is defined as "... the right and responsibility to make major decisions concerning the child, except with respect to specified decisions as set forth by the court or the parties in the final judgment or order." Wisconsin Statute 767.001 (2). So what is a major decision? The statute goes on to say that a major decision "includes, but is not limited to, decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion."
Obviously, we are not talking about what cereal the kids eat for breakfast. But, what if that nonemergency health care involves braces? I want my child to have braces, but my former spouse says no? The best way to avoid being back in court after a divorce or paternity case is to raise these issues in the beginning. Sure, some people can't agree the sky is blue when they are in the midst of a divorce; however, if you know that you and your spouse or child's parent have different views on when your child can drive or what school they should attend, raise the issue now.
As always, this blog posting is not a substitute for legal advice from an attorney that knows your specific circumstances. No attorney-client relationship is formed by the reading of this website. Use the information on this blog at your own risk.