There probably isn’t a day that goes by where I read a question posted on Avvo or Lawyers.com or we receive at our web site, about placing the father’s name on a child’s birth certificate to determine that they are the father. We are obviously talking about a situation here where the child is born…
Parenting & Kids
Articles categorized by what phase of divorce you're currently experiencing:
Articles categorized by topic and areas of your life most affected by a divorce:
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Child support beyond 18?
Under Wisconsin law, child support ends at the 18th birthday, or if still in high school to graduate, no later than the 19th bitthday. People many times ask if there are circumstances to get support after that point? 1. A child with special needs. Under the current law, even though an adult child may have…
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Different ways to calculate child support in Wisconsin
Check out our simple-to-use Wisconsin Child Support Calculator here. When going through a divorce in Wisconsin, and where there are minor children involved, there are two different formulas for calculating child support. Many times, we see custody battles that are not really custody battles at all, but rather disguised child support concerns; more time, equals…
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“I want 50/50 placement!”
We meet with a lot of individuals going through a divorce who come into the office and advocate that they want “50/50 placement.” To me, that is like nails on a chalkboard because it really tells us nothing. It is particularly annoying when they make the same advocacy to the guardian ad litem and/or the…
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Relocation Bill passes both houses in Wisconsin
A bill that was recently passed by both the State Assembly and now the State Senate changes the procedures for relocating a child’s residence, when a court grants any periods of physical placement with a child to both parents and one parent intends to relocate and reside with the child away from the other parent….
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Meeting with the guardian ad litem
I have written a number of recent blogs, focused on guardian ad litem issues. Today’s blog addresses the first interview with the guardian ad litem including what to expect and how to conduct yourself at the meeting. Let’s paint the picture first. You and your spouse are going through a divorce and cannot agree as…
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Common Questions a Guardian ad Litem Will Ask You and Your Child
And What to Expect The First Time You Meet A Guardian ad Litem investigation typically happens when the parties cannot agree on a custody or placement determination regarding their children. When the parties cannot resolve child-related issues on their own, the court appoints an attorney to investigate the children’s best interests and to make a…
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Guardian ad litem recommendations
The other day I wrote about what a guardian ad litem’s investigation typically consists of, when parents are in engaged in custody litigation over their minor children. Today’s blog, focuses on what form the recommendation of the guardian ad litem takes and when one might expect to receive that recommendation. Assume that the parties are…
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The guardian ad litems’ investigation.
Most litigants going through a custody battle in Wisconsin have heard of the appointment of a guardian ad litem. Most seem to lack an understanding of what the guardian ad litem is required to do or what type of an investigation needs to be undertaken. A guardian ad litem is required any time there is…
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Release of medical records in a custody battle.
The other day I wrote a blog on the physician- patient privilege in Wisconsin, and under what circumstances it can be waived. One of those circumstances under Wisconsin law does not cover when parties are contesting custody of their minor children. So, the question becomes what is a party required to do when the court…
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Child dependency exemption under the Tax Cuts and Job Act
I have been receiving numerous inquiries on whether under the Tax Cuts and Job Act of 2017, has affected the ability to still claim your children or dependents as an exemption. The Tax Cuts and Job Act has eliminated any personal exemptions. Instead, the new tax law has boosted the standard deduction and increased the…
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Child endangerment or innocent mistake?
In a case out of Ozaukee County, Wisconsin, today, a mother was in court and plead not guilty to charges that she endangered her 9 year old child, when she put the child on the roof of her vehicle to hold down a small plastic wading pool. The mother, Amber Schmunk, 29 who lives in…
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Restricted and Supervised Visitation
When a party going through a divorce is concerned that the other parent may pose a risk to the children, what safeguards can be put in place by the court to protect the children during their periods of placement? First, there must be a showing that the parent poses a legitimate risk of exposing the…
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Collecting Retroactive Child Support in Wisconsin
When can you collect back child support owed? From the birth of the children? From the time you separate? From the time you file a motion with the court? From the time the other party is served with the motion for court? From the time you are in court and the court orders support? Under…
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Curbside Pickup
You are going through a divorce and one of the lawyers or the guardian ad litem mentions that during the exchange of the children, there should be “curbside pickup.” You shake your head not having any idea what “curbside pickup” means, why it is necessary, and what effect, if it may have on your children….
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Child support errors- Pro se Litigants
I have done a number of recent blogs about mistakes pro se litigants make. No, I am not picking on people who represent themselves when getting a divorce. Instead, the purpose of this series of blogs on the topic, is to avoid other people going through a divorce making similar mistakes. As many as 50%…
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Forgiveness of Child support Arrears
There have been a flurry of questions posed on some of the “ask lawyer” web sites like AVVO and LAWYERS.COM about whether a person can file a motion or request with the court to be relieved of their built up child support arrearages. The answer is no. The only person who can compromise or forgive…
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When does child support start when divorcing in Wisconsin?
You have filed for divorce and requested child support in your initial petition for divorce, but no one has exactly explained how you go about to receive child support? How do you go about to receive child support? How is the amount determined? When does it start? Does your spouse pay it to you or…
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How Many Bedrooms Does a Parent Need in Wisconsin?
A frequently asked child custody question in divorce cases is whether or not Wisconsin has a law that requires each child to have their own bedroom? what about their own bed? Can children sleep together? Is there an age cutoff? What if the children are sleeping on the couch? bunk beds? sleeping bags? on the…
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Supervised visitation; When is it ordered in Wisconsin?
I answer a lot of questions trying to help people on the law sites, AVVO and LAWYERS.COM. Many of them have to do with visitation disputes, and in particular, people are concerned that their former spouse or ex boyfriend or girlfriend is a potential danger or threat to their children. They want to know under…
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