Milwaukee County Divorce Attorney Blog | Wisconsin Child Custody & Support Lawyer | Waukesha Legal Separation Law Firm

Judge Orders Relocating Parent to Allow Online Child Visitation

2010-09-02T21:01:40Z

One of the problems that many families must deal with after divorce is obtaining the necessary financial resources to maintain two households. Over the last few years, the general economic slowdown and high rate of unemployment have made it difficult for many to earn the money they need to support their children.

In these situations, a parent may be forced to relocate in order to find work. However, maintaining a shared custody arrangement or a visitation schedule can be difficult, if not impossible, if one parent finds it necessary to move. Typically, a parent with one of these arrangements cannot just move without a judge's authorization, but in a recent New York case, a judge offered a creative solution.

]]> When a recently divorced mother with two children had difficulty finding work on Long Island, she petitioned the court to allow her to move to Florida with her two children so she could live with her parents and seek employment there. The problem, however, was that the children's father still lived in New York and wanted to retain his access and visitation time with the children.

Supreme Court Justice Jerry Garguilio provided a solution by ordering the mother to use Skype video conferencing software to allow her children to communicate with their father. The Skype software will allow the children's father to have visitation through real-time video conferencing over the Internet. The judge's order entitled the father to three one-hour long video sessions per week.

In his order, the judge reportedly recognized that economic conditions would make it extraordinarily difficult for the mother to find work and be able to support her children in New York, which made the relocation and acceptable request. In most instances, relocation petitions such as this will not be approved if it motivated more by a desire to limit a former spouse's access to his or her children.

Related Resources:

Ex-Wife Ordered to Provide Skype Access for Husband, Kids (Law Technology News)

Group Demonstrates for Awareness of Fathers' Child Custody Rights

2010-08-31T11:04:34Z

A group of about 30 to 40 people, including fathers as well as some mothers, grandmothers, and children, demonstrated outside of a Racine County Courthouse recently. Their goal was to raise awareness about fathers' rights issues related to divorce, separation, and child custody. A number of statewide organizations were represented at the rally, including Dads of Wisconsin and Wisconsin Fathers for Children and Families.

Mike Landwehr, of Brookfield, attended the rally representing Wisconsin Father for Children and Families. After divorcing from his wife in 2000, he took a case all the way to the state Supreme Court seeking equal time with his children whom had been primarily placed with their mother. In 2006, Landwehr's appeal was rejected.

]]> The issue of fathers' rights has garnered more attention over the last few years. Despite the fact that statutes and regulations typically don't favor one parent over the other, primary custody of children is still more often granted to a mother rather than a father. However, as time goes by there has been a greater accepted of the idea that children can benefit more from having both parents involved in raising them.

According to some, part of the problem in establishing equal rights for fathers is that too often a father does not fight for equal custody or visitation rights soon enough. If you are going through a divorce or separation, or if you are unmarried and wanting to establish paternity rights, you may have a difficult time obtaining the parenting time you really want if you wait until a judge makes a custody order.

In general, it is more difficult to modify or change an order, so you may want see a family law attorney sooner rather than later if you are concerned about your parenting time or any other fathers' rights issues.

Related Resources:

Supporters of fathers' rights demonstrate outside courthouse (Racine Journal Times)

Domestic Partnership Registry Again Challenged in Court

2010-08-27T11:01:06Z

Opponents of Wisconsin's domestic partnership registry have mounted a second court challenge to the law claiming that it violates the state constitution, which was amended in 2006 to ban same-sex marriage as well as any arrangements "identical or substantially similar" to marriage. A previous attempt to challenge the registry by going directly to the state Supreme Court failed last year when the court refused to hear the case or rule on its merits.

According to Julaine Appling, president of the group Wisconsin Family Action and one of the plaintiffs in the case, a person could reasonably see the domestic partnership registry as an alternative that mirrors marriage and would therefore violate the constitutional amendment.

]]> Supporters of the domestic partnership registry note that the number of rights granted by the registry fall far short of those granted by marriage. Katie Belanger, executive director of Fair Wisconsin, a group supporting the domestic partnership registry, says those rights available through the law are only those that are critical to all committed couples and only represent about one-quarter of those rights associated with marriage.

As of early August, 1,541 couples had signed up for benefits under the domestic partnership registry since being approved by lawmakers in June of 2009.

When the first challenge was brought last year, Attorney General J.B. Van Hollen declined to defend the registry in court, calling it inconsistent with the will of the voters who had approved the constitutional amendment banning same-sex marriage. A spokesman for Van Hollen has said that he would again decline to represent the state.

Lester Pines, the attorney appointed to represent the state in the previous challenge to the registry, is expected to again be appointed to represent the state.

Related Resources:

Same-sex registry disputed again (Milwaukee Journal Sentinel)

Wisconsin Child Support Basics and Common Legal Terms, Part 3

2010-08-23T17:03:56Z

In our previous post, we discussed some variations of the typical percentage of income child support calculation, including shared placement, low-income payer, and high-income payer calculations. Here, we will discuss a few other situations including "serial family payers" and other deviations from child support guidelines.

The serial family payer situation arises when an individual with an existing child support obligation incurs an additional child support obligation through a court order. In these circumstances, the child support payer would not pay the first level of the percentage of income standard, 17%, for each child. Instead, a judge would determine which obligation came first and award support for that child, and then award support for the next obligation by looking at the child support payer's leftover income and awarding an appropriate percentage of what is left over.

]]> These situations can be somewhat complex; especially determining which child support obligations comes first. Generally speaking, the order of the obligations is not based on when the children were born, but when the child support payer become legally obligated to pay support.

In some situations, none of these variations of child support calculations will apply. When that is the case, it is also possible for a parent to request a deviation from child support guidelines. Depending on the situation, a court could decide to award more or less support than the guidelines would provide. When determining if a deviation is appropriate a court will weight a number of factors, including:

The financial resources of both parents and the child
The standard of living the child would have had if the parents were together
Child care expenses
The special needs of the child, and any other relevant factors

It is up to a judge to determine if a deviation is appropriate, and it is up to the parents to present evidence to justify the deviation.

All of the child support calculations and various alternatives can be confusing and complex for most individuals. If you are dealing with a child support issue, you may want to contact an attorney that can explain the process and advise you on the best way to protect your interests and still provide for your child.

Related Resources:

Wisconsin Administrative Code § 150.01, Et Seq.

Wisconsin Child Support Basics and Common Legal Terms, Part 2

2010-08-19T11:03:21Z

In our previous post, we discussed the basic "percentage of income" standard as it applies to calculating child support. While that method of calculating support works in many situations, there are a number of custody arrangements and differing circumstances that necessitate other methods of determining support payments.

One common situation giving rise to alternative calculations is what is known as "shared placement." When the percentage of income calculation is used, it is generally assumed that the child is primarily placed with one parent; however, in those situations in which a court has ordered placement of the child with both parents for at least 92 days or 25% of the year, the shared placement calculation is used.

]]> The shared placement calculation is made by considering both parents' income and then performing a set of calculations that results in the their paying or receiving child support in proportion to the amount of time the child or children is placed in their home.

These shared placement situations will also frequently involve the awarding of "variable costs." A variable cost can generally be described as some expense above and beyond the basic necessities required for the care of any child. Common variable costs can include school tuition, childcare expenses, costs associated with a child's special needs, and expenses related to activities such as sports or other clubs.

Another group of alternative calculations is available when the child support payer classifies as either a "low-income payer" or a "high-income payer." These classifications apply to groups that either make so little money that they cannot pay in accordance with the percentage of income standard, or they make more than a certain amount of money (currently $84,000/year). The amount these individuals pay in child support is based on either the determination of a judge or by regulations setting out different percentage of income levels.

In our next post, we will look at a few other important concepts, including serial family payers and deviations from the typical support calculations.

Related Resources:

Wisconsin Administrative Code § 150.01, Et Seq.

Wisconsin Child Support Basics and Common Legal Terms

2010-08-17T18:01:46Z

Taking care of their children should be the first priority of parents. Regardless of whether the parents were formerly married or unmarried, providing financial support in the way of child support is a critical responsibility of parents. In Wisconsin, every person has an obligation to support his or her children. To that end, a number of rules and regulations set out the various levels of support and other considerations that are taken into account when determining child support.

Generally speaking, a person owes child support if their child is under the age of 19 and does not have a high school diploma. According to Wisconsin statutes, any time a court judgment is entered that somehow affects the parents or children, a child support order should also be set. One important thing to remember is that child support is only meant to apply going forward, it is not awarded retroactively.

]]> In a typical situation, the actual amount of child support to be paid is based on what is called the "percentage of income standard." The basic theory behind using this type of formula is the belief that a child should not suffer financially because his or her parents are not together. There are a number of situations that complicate the calculations somewhat, but the basic percentage of income guidelines provide the following:

Amount of gross income paid for:

one child 17%
two children 25%
three children 29%
four children 31%
five or more children 34%

While the basic standard uses percentages of income to make the initial calculation, a child support order does not typically indicated a percentage of income to be paid. Instead, the child support order will usually list a specific dollar amount that was determined using the formula. If a loss of income occurs, it is up to the paying parent to request a child support modification, they cannot simply recalculate and change their payment amount.

In our next post, we will discuss some of the more complicated situations that may arise in determining child support.

Related Resources:

Wisconsin Administrative Code § 150.01, Et Seq.

Divorce Rate Higher Among Parents of Autistic Children, Cont.

2010-08-12T11:02:41Z

In our previous post, we discussed a study by the University of Wisconsin-Madison that concluded divorce rates among parents with an autistic child were higher than among parents with children that did not have a known disability.

In examining the results of the study, researchers noticed that divorce rates for both groups were high during the early parenting years. However, as time went on, the parents of children without disabilities saw divorce rates drop. According to Sigan Hartly, a clinical psychologist at UW's Waisman Center, this indicates that the very presence of children is extraordinarily stressful on any marriage. This would be most likely due to the added responsibilities that come with caring for any young child.

The interesting difference between the two groups became more noticeable when the children grew up into their teen and early adult years. At that point, the divorce rate for parents with autistic children remained high, while the rate for the other parents began to fall.

]]> According to Hartly, one theory behind the continued high rate of divorce includes the continued need for a high-degree of care for the autistic children. Whereas the other children would have become more independent, at least some of the autistic children would still require as much or more care than they did when they were young.

Richard Urbano, a developmental epidemiologist at Vanderbilt University, posed another potential theory. In his mind, the disorder itself my take a toll on parents. Autistic children and teenagers often display severe communication problems and aggression, which could lead to considerable stress and frustration for parents and might eventually result in a divorce or dissolution of marriage.

In the end, neither of these theories may be completely satisfactory in solving the question of why divorce rates remain higher for the parents of autistic children. Interestingly, Urbano notes that parents with children affected by Down syndrome have even lower rates of divorce than parents of non-disabled children.

The one takeaway that researches could agree on is that divorce rates are significantly higher for parents of autistic children; therefore, it may be advisable to make more resources available to those parents in need of services.

Related Resources:

Parents of autistic kids have higher divorce rate (Milwaukee Journal-Sentinel)

Divorce Rate Higher Among Parents of Autistic Children

2010-08-10T21:02:26Z

A recent study by scientists at the University of Wisconsin-Madison indicated that the divorce rate among parents of autistic children may be higher than other parents, but it also may not be as high as some previously believed. Contrary to anecdotal evidence that the divorce rate among parents of children with autism spectrum disorder was near 75%, the study found that the rate might actually be closer to 25%.

Autism can include a number of different symptoms and there are many degrees of severity. Autism spectrum disorder is the term used to encompass this wide variety of conditions. On one end, someone with relatively minor symptoms might have Asperger syndrome. On the other end of the spectrum is what would generally be called "classic autism," which includes significant problems communication and social interaction.

]]> The study was conducted by researchers at the UW's Waisman Center and is published in the August issue of the Journal of Family Psychology. The subjects of the study included two groups of nearly 400 families with one group having children with autism spectrum disorder and the other group having children without disabilities.

The families where tracked over a long period of time and compared against similar families from the opposite group with similar ages, ethnicities, and financial circumstances. In the end, the parents with autistic children showed about a 24% chance of divorce, while the families without autistic children showed a 14% chance of divorce.

Both groups involved in the study showed higher divorce rates early on when children were young. However, the parents with children that did not have disabilities saw their divorce rate fall as the children entered their teens while the parents with an autistic child saw their divorce rate stay more stable.

In our next post, we will discuss more about the conclusions of the study and what experts believe may explain the higher divorce rates.

Related Resources:

Parents of autistic kids have higher divorce rate (Milwaukee Journal-Sentinel)

Evaluating Your Finances is an Important Step After Divorce

2010-08-05T17:01:17Z

Going through a divorce can take a lot out of someone. It is often extremely stressful dealing with your ex spouse, and you may feel overwhelmed with issues surrounding your children and beginning your life over after the end of your marriage. In times like these, it is easy to overlook things, but one area in which it is vitally important to stay focused is your finances.

Often times, one spouse makes most of the financial decisions in a marriage. When that marriage breaks up, the other spouse needs to start making financial decisions for himself or herself. However, even if you previously arranged the finances in your marriage, after a divorce you need to go back and reexamine your finances and update them to account for you new circumstances.

]]> Here are a few things to keep in mind when you begin reevaluating your finances:

Update your beneficiaries. After the divorce is finalized you will want to make sure your will is up to date with your intended beneficiary. However, you also need to make sure other documents and accounts are updated such as a 401(k), IRA, or your life insurance policy.

Make a retirement plan. During your marriage, you most likely planned for retirement with your former spouse. Now that you are relying on your own, or relying on only part of your former spouses' retirement savings, it may be time to look at your own long-term investments and Social Security projections. Making needed changes now can make a big difference when you reach retirement age, especially if you still have working years ahead of you.

Evaluate your insurance needs. As a married couple, you may have used insurance as a way to stabilize your income if one of you were to die, but as a single person your need for life insurance might not be as great. On the other hand, you probably have a greater need for other types of insurance such as disability or long-term care insurance. Make sure you have the right insurance for your potential needs.

Seek professional financial assistance. After a divorce, you might not feel comfortable going to the same financial professional you have used in the past. It may be to your benefit to start over new with someone that can help you evaluate your situation and get your affairs in order. Your divorce attorney may be a good source of information when looking for a new financial planner or accountant with whom to consult.

Related Resources:

After divorce, finances need a fresh look (The Spokesman-Review)

Abuse Among the Top Reasons for Woman to Pursue Divorce

2010-08-03T17:01:59Z

It is difficult to make a general statement about why people choose to divorce. It is a decision that individual people come to for a variety of different reasons. However, over the years, some trends have emerged that may shed some light on the question of why people choose to divorce. Understandably, there are differences between the reasons women choose to pursue a divorce and the reasons men choose to divorce. In addition, societal changes and economic conditions seem to influence divorce as well.

In one poll conducted on the reasons people divorce, verbal and physical abuse seemed to play a major role, especially for women. In all, 48% of the women who responded cited abuse of one kind or another as the main reason for pursing a divorce.

]]> While men also cited abuse as one cause of divorce, they were more likely to claim other reasons such as financial issues and sexual issues as factors leading to their decision. Women, on the other hand, were much less likely to indicated sexual issues as a factor in pursuing a divorce. Other common answers included disagreements about raising the children, questions of whether to have children at all, and religious differences.

Of course, these statistics are just one poll and the answers could change drastically based upon the group of people being questioned. Societal changes such as awareness of domestic violence and substance abuse are also believed to be changing some people's attitudes about divorce.

In the past, couples may have been expected to endure a relationship characterized by violence or substance abuse, but there is some evidence that today's greater awareness and understanding of these issues has taken away some of the stigma of divorce when based on those reasons. In addition, the entrance of more women into the workforce has made divorce more financially feasible for women because they may not be as dependant on their spouse for financial support.

Related Resources:

Why do people decide to leave?

Tips for Preparing Yourself for the Divorce Process

2010-07-30T11:02:17Z

Regardless of where you are getting divorced, whether it is in the Milwaukee area, in rural Wisconsin, or anywhere else, there are certain things you can expect from the divorce process. It goes without saying that it will probably be emotionally difficult for all involved. However, if you know a little more about what to expect, you might find the process a little less intimidating.

Here are a few items to think about before beginning the divorce process. Of course, your experience may differ from that of other people, but by knowing what other people sometimes experience, your divorce might not be as difficult to cope with.

Be prepared to give your attorney the information he or she needs. A divorce is a collaborative process between you and your attorney. In order to best represent you, your attorney needs to know all of the facts. In the end, your case may depend on your attorney being able to respond to bad news or allegations from a former spouse, but he or she can't prepare unless you are forthcoming with all of the information.

]]> Understand that divorce can be stressful and it may take a while. Don't expect your divorce to be quick and easy. Sometimes people can get divorced without much conflict, but those instances are somewhat rare. A divorce may take several months or more, especially if there is conflict over child custody, property division, finances, and other considerations. It's natural to feel stress in these situations, but if you expect it and look for ways to deal with it, you may be able to avoid letting it get the best of you.

Talk to your attorney if you have questions. Just like the need for you to be upfront with your attorney, your attorney needs to communicate with you. If you have questions or concerns about your divorce case, make sure to ask you attorney and get clarification. Asking for a little more information may put you at ease and may result in a more satisfying resolution to your case.

Prepare yourself for difficult questions. During the divorce process, you may have to answer a lot of personal questions and you may feel like nothing is private anymore. Just remember that both you and your former spouse will have to answer these questions in order to work out the details of the divorce.

Related Resources:

5 Tips for to Get Through a Divorce

Foreclosure and Financial Stress Often Tied to Divorce

2010-07-26T18:01:52Z

As people all over the country continue to suffer through one of the most difficult real estate markets in memory, the number of divorces that involve home foreclosure and other financial problems appear to be on the rise. While there has been no definitive study tying foreclosure to divorce in recent years, it has long been understood that financial stress is closely associated with the deterioration of marriages and eventual divorce.

Nicholas Retsinas, director of Harvard's Joint Center for Housing Studies, says the three factors most likely to be linked to a foreclosure are loss of a job, illness, and loss of a spouse. On the other hand, polls have indicated that financial issues are typically the number two cause of divorce, trailing only incidents of abuse. That raises the question of whether of divorces are the result of impending foreclosures, or perhaps foreclosures are the result of divorce proceedings.

]]> According to some experts, both propositions might be true, depending on the situation. One Florida realtor that maintains a blog claims he has seen mortgage problems and foreclosures lead directly to numerous divorces. Often times, existing financial troubles lead to the threat of foreclosure and then both spouses begin turning on each other as they try to cope with losing their home. While some couples may work together to solve the financial problems, others find it easier to cut their losses and get out of the home and the marriage.

There seems to be a clear connection between wealth and divorce, according to Dr. Jeff Sherrill, a psychologist from Columbus, Ohio. The instability of being poor or having few financial resources leads to similarly unstable marriages, and thus, a greater risk of divorce. With the falling of home values across the country, even those that formerly felt as though they had some wealth in their home might now feel that they have little to fall back on.

While many contemplating divorce may just want out of the marriage regardless of the circumstances, it may be worth talking with a professional to discuss the financial and legal ramifications of divorce. Planning with the help of professional, may be the best way to avoid unnecessary complications as you try to get your personal and financial life back on track.

Related Resources:

Mortgage Crisis Causing Divorce?

Dealing With Your Home and Mortgage During Divorce, Part 2

2010-07-22T11:01:29Z

In our last post, we talked a little about dealing with your home when considering divorce. In addition to the idea of one spouse refinancing on their own or buying out their former spouse, below are a few other options and ideas to consider.

Attempt to sell the home if you can't afford to stay.

Many times, neither spouse can afford to keep the home on his or her own. With the current economic landscape, refinancing on your own might be a near impossibility. While selling in this real estate market may be difficult, it is still possible to sell a home, especially if you don't have to ask for full market value.

However, even if you owe more on your home than it might sell for, it may still be possible to sell the home. If you are having difficulty selling the home and foreclosure is becoming a risk, you may want to talk to your lender about a short sale.

]]> A short sale is essentially an agreement with your lender to accept less for the home than the value of the mortgage. The lender benefits in not having to deal with a foreclosure, and the borrowers benefit in having the lender agree not to hold them responsible for the difference between the selling price and the mortgage value.

The downside of a short sale for the divorcing couple is that they do not get any money out of the sale and they probably will end up with a note on their credit report saying they did not pay the mortgage as they originally agreed. Keep in mind, however, that this will not be seen as negatively as a foreclosure on your credit report.

Consider bankruptcy if nothing else works.

Having your home go into foreclosure is maybe the worst option. If you walk away from your home, your credit will be badly damaged and the bank could pursue both spouses for the money left on the mortgage. If you don't have any other options, you may want to speak to an attorney about filing for bankruptcy before finalizing the divorce process. Once you file for divorce, you may find your lender more willing to work with you to arrange a sale of your home.

Related Resources:

Need to Sell your House in Divorce? (Divorce360)

Dealing With Your Home and Mortgage During Divorce

2010-07-20T18:01:16Z

Going through a divorce requires a number of difficult decisions. Among the most important of those decisions is what to do with your home. For most families, a home is their most valuable asset, but when it comes to divorce, it can be the source of a number of problems.

Divorcing couples need to address their financial situations to determine if it is even possible to stay in a home. The last thing either spouse wants to do is keep the home after divorce but then lose it when it becomes apparent that he or she cannot afford it.

Another major concern is a home for any children of the marriage. If you have children, one or both parents may want to keep the home as a place to raise the children. There is no one way to deal with this situation, so if you and your soon-to-be ex-spouse can amicably work out an agreement, you may decide that keeping the home together is a better option than selling or buying each other out.

If you are going through a divorce, or contemplating one, here are a few points to consider in deciding what to do with your home.

]]> Determine if either spouse can afford to keep the home.

According to Greg McBride, a senior analyst at Bankrate.com, a couple should first decide if either one can afford to keep the home on their own. If one spouse can afford to refinance the home based on their own income, or if one spouse can buy out the other with their home equity, this might be the best option. If you have children, they may be able to stay in their home and both spouses can retain some of the value or equity they have earned in the property.

If one party is going to keep the home, don't forget to make sure the other spouse is taken off both the deed and the mortgage. This should help protect both spouses from claims by the other when the divorce is finalized. In order to remove one of the names from the mortgage, it will most likely require a refinancing of the home.

In our next post, we will provide a few more things to consider when dealing with divorce and your home.

Related Resources:

Need to Sell your House in Divorce? (Divorce360)

Social Media and Facebook Playing a Bigger Role in Divorce

2010-07-16T14:42:21Z

As more of our lives becomes public due to our use of social media such as Facebook, Twitter, MySpace and YouTube, many people are finding those little bits of information are coming back to haunt them when they least expect it. One such situation is when a couple begins divorce proceedings.

According to the American Academy of Matrimonial Lawyers, more than 80 percent of their member report using evidence obtained from a social media source or having it used against them in court. Facebook is not only the most popular social networking site, is also the most popular social media source from unwittingly providing evidence for divorce lawyers.

Facebook is not only a place where attorneys can find personal information about a person, but they can also see how they interact with others as well as who they interact with. In a study by the Pew Internet and American Life Project, it was discovered that one in five Facebook users it as a tool for flirting. Instead of having an affair uncovered by a private investigator, many people do themselves in by posting pictures with their paramour.

]]> What do you do to avoid oversharing and inadvertently harming your divorce case? Follow these tips:

Remember that once you post something for the world to see, you can't take it back. Before posting something, ask yourself if you would say the same thing in court.
Remember that a picture can be open to interpretation. Avoid posting pictures that may portray you in a negative light, if it is completely innocent.
Always use privacy setting. Even though the trend may be to make sites such as Facebook more open and accessible, use privacy settings to keep private information hidden from people who might be motivated to use it against you.

Related Resources:

Facebook is divorce lawyers' new best friend (Associated Press)