Someone asked me the other day if you need money, can you start selling off property in the middle of the divorce? The answer is generally no, as there is a statutory prohibition for doing so, once the divorce is filed. There are some exceptions and I will cover those as well. WI STAT. 767.117…
Property, Debt, & Finances
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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Can My Lawyer Drop My Case If I Don’t Pay?
A frequently asked question, and an all to frequent occurrence, is a client who is in the middle of a divorce, and has stopped paying attorney’s fees. There are usually two reasons why a client stops payment to the attorney; 1. They simply don’t have the money and can’t afford to pay or 2. They…
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What Significance Is The New Spouse’s Income To Support Obligations?
A frequently asked question at some of the lawyer web sites, such as Avvo and Lawyers.com, is can a new spouse’s income be considered for purposes of child support or maintenance payments? The answer under Wisconsin law, is no. A new spouse is not obligated to pay support for children that are not theirs, nor…
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Can You Deduct Temporary Maintenance Payments?
It is tax season. I am frequently asked if a person who is obligated under a temporary court order may deduct those maintenance (spousal support) payments, from their taxes. While there is no specific I.R.S. rule that says you can’t deduct them, one would need to comply with all of the conditions and terms under…
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Can You Buy A House In The Middle Of A Divorce?
Is there a prohibition on buying a house before the divorce is completed? We know there is a statutory prohibition on selling, disposing, or giving away any marital property in the middle of the divorce without the consent of the other party or by further order of the court, absent it being done in the…
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What is a Vocational Examination?
Many times in divorce cases, we recommend to our clients that they undergo a vocational examination, or the opposing counsel, requests that the party submit to an independent vocational examination. What is a vocational examination and what purpose does it serve? A vocational examination is a process where a person trained and experienced in employment…
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Divorce Maintenance (Alimony) in Wisconsin—Waiving vs Holding Open
When is it Right to Waive Maintenance? Short answer: Essentially it depends on your length of marriage, age, health, income disparity and the ability to support yourself long-term. At the very end of every divorce case (see all steps in the divorce process), there comes the time, typically during the negotiation of the final settlement…
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Hold Open Child Support?
The other day on one of the “ask lawyer” internet web sites, someone posted a question of whether you could waive or hold open child support. The answer to the former is no and the answer to the latter is yes. You cannot waive child support pursuant to a martial settlement agreement, as it is…
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What Are “Variable Costs?”
I deal with a number of disputes over “variable costs.” It seems that a number of litigants do not understand what variable expenses are, when they come into play and how each party is to be held responsible for such costs. If there is a traditional placement arrangement of children, where one parent has primary…
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Engagement Is Off – Who Keeps The Ring in Wisconsin?
You were engaged to be married and got “cold feet” and decided to call it off. Now, you are both arguing about who gets to keep the ring. The person who received the ring feels they are entitled to keep it because you were the one who broke it off. You feel that is unfair,…
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