An interesting question is whether someone can record a telephone conversation in Wisconsin and then use that as evidence in a courtroom as part of going through a divorce or separation case? Wisconsin is a “one party” wiretap state. It is not necessarily illegal to wiretap or record someone, without their knowledge or consent. Whether…
Posts by David Karp
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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Court Sanctions in Wisconsin
Sometimes litigants going through a civil matter, do not understand the significance of complying with court orders or rules and laws that govern pre-trial matters. There is a duty to cooperate with discovery under Chapter 804; that means timely complying with discovery requests, such as written interrogatories, that must be answered under oath within 30…
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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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What happens when QDRO fees are not paid.
It is a frequent problem when completing a divorce case, that where there are retirement benefits to divide, one of the parties fails to pay their portion of the drafting fees, and the QDROs do not get completed. Completing the QDROs (qualified domestic relations orders) is essential for the protection of the non-employee spouse, to…
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Buying a new car in the middle of a divorce
Sometimes in the middle of a divorce, your car breaks down and you realize that it is time to replace that old junker and get a new car. Can you do that in the middle of a divorce? If so, is it marital property? Can you take a loan out on the car? What happens…
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The Milwaukee Justice Center
Last night, my band played an event for the Milwaukee Justice Center at Veteran’s Park, on Milwaukee’s Lake front. This was their 7th annual fun run/walk, to help raise money for the not for profit organization. Our band has played the event several times and it quite frankly, an honor and a privilege to be…
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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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How to file an extension on your taxes
We are closing in the April 18 tax deadline for filing of income tax returns. What can you do if you aren’t prepared to file your income taxes? Every taxpayer has the right to request an extension, and you don’t really need to give a reason. The IRS will give you one, no questions asked….
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Admission of Personal Service
The other day I discussed whether it mattered who filed first. In most cases it routinely does not, but if the parties are separated and living in different counties, or different states, it can certainly matter, and where minor children are involved, can affect jurisdiction of the court to proceed. When filing for divorce in…
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Waiver of Maintenance in Wisconsin
You are going through a divorce, and the proposed marital settlement agreement calls for a waiver or termination of maintenance payments at the time of the granting of the final divorce. You are not sure what that means, and whether you should waive or not. First off, what is maintenance? Maintenance is the right to…
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Lawyer Response Time
I take a lot of phone calls from people looking to replace their current lawyer and the number one complaint seems to be that their lawyer never calls them back. No one likes being ignored. What exactly should the response time be back from your lawyer? What is reasonable? What are your own expectations? What…
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What constitutes a “substantial change in circumstances” in Wisconsin?
We throw about the term “substantial change in circumstances” like everyone in the world would know what we are talking about. So, what does it mean and when does it apply? When you are divorced, and if you plan to modify financial support orders, whether it be child support, family support or maintenance, you are…
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Who keeps the tax refund?
This is the time of year that we field a lot of questions from clients, and people seeking general information on how to file their income tax returns and who gets to keep the tax refund. People going through a divorce start to think that if they file separate, but married income taxes for the…
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Using a GPS tracking device on your spouse; Is it against the law in Wisconsin.
You think your spouse may be cheating on you and you don’t feel like spending thousands of dollars by hiring a private investigator to follow them around to prove it. Instead, you think of placing a GPS tracking device on your spouse’s car. By doing that you can track their every move, see where they…
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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 to dismiss a divorce case in Wisconsin.
You filed for divorce and you have had second thoughts now about proceeding. Perhaps, you rushed into things too quickly, or were influenced by family and friends to file. Now that you are in the middle of the divorce, you and your husband have reconciled. How do you go about dismissing the divorce action? There…
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Motion De Novo Hearings in Wisconsin
I receive a lot of questions about Motions De Novo? What are they? What is the time line for appealing? Are you limited on appeal to only those issues that were raised at the first hearing, or can the court consider other issues or new issues that arise? Can the trial court refuse to do…
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