Month: January 2019

Wisconsin Custody and Physical Placement of a Child

wisconsin physical placement child custodyIf you are a parent considering divorce, you and your spouse may be able to work out an agreement regarding child custody and physical placement that works well for your child.  Child custody refers to a right to make legal decisions regarding your child, which may include where your child will attend school, their religious affiliation, what medical care they receive and more. Some parents agree to make all important decisions together, but for others working together on any level may prove difficult.  Keep in mind that the court goes in with a presumption that both parents should have decision making authority of their child unless there is evidence of problems such as domestic violence or abuse. In the absence of any serious issues, you and your spouse may have to be flexible when approaching how you will handle custody of your child.

Physical Placement

Physical placement refers to how much time a child spends with each parent. If you and your spouse intend to live in close proximity following the divorce, you may be able to work out an arrangement where the child divides their time between both homes somewhat equally. To cut down disruption to daily school attendance, parents who live a bit farther apart may opt for an every other weekend arrangement during the school year and split summer breaks and holidays. When trying to reach a workable arrangement, it is important to consider the age of the child and their comfort level in switching between homes, or whether traveling longer distances to spend time with a parent is a good fit. Certainly as kids get older, they are more able to make sense out of the shuffle allowing them to benefit from a relationship with both parents.

When couples cannot agree on custody or physical placement, they may be referred by the court to counseling in an attempt to reach an agreement. Failing that, a judge will decide after considering the unique circumstances presented. He or she may enlist the help of a child representative such as a Guardian Ad Litem to make recommendations on custody and placement that serve the child’s best interests. If there are issues that may present a danger to a child such as a recent history of drug abuse or domestic abuse, custody and placement may be affected as problems are resolved.

Questions Regarding Wisconsin Child Custody or Physical Placement?

If you have questions regarding Wisconsin custody and physical placement, please contact our Wisconsin family law attorneys for answers. The Milwaukee and Waukesha area child custody lawyers of Probst Law offices have over three decades of experience with family law and can help you work through child custody issues. Call us today at 414-210-3135 or send us an email to schedule your free consultation.

Wisconsin Child Support Calculator

If you are a parent considering divorce in Wisconsin, you will likely have questions regarding your child support obligation. The amount of child support that you will pay is determined by how many overnights the children spend at each parent’s home throughout the year. For parents who have less than 25 percent placement, child support is based on the following percentages of gross income:

  • 17% for one child
  • 25% for 2 children
  • 29% for 3 children
  • 31% for 4 children
  • 34% for 5 or more children

Wisconsin Shared Placement Calculator

If placement exceeds 25%, or at least 92 days per year, child support will be based on both parent’s income and the percentage of time (overnights or *equivalent of) each parent has with the children. Visit DCF link to access a shared placement calculator to determine support.

*The definition of equivalent care provides that blocks of time with the child of at least six hours may be considered the equivalent of a half-day if a meal is provided during that time period. Courts may consider two, half-day blocks the equivalent of an overnight.

How Are Childcare Costs Handled When Determining Child Support?

Keep in mind that variable costs such as child care, tuition, special needs and certain activities are in addition to the calculation and will be separately ordered based upon lists furnished by the parties. Typically variable expenses correlate to the percentage of shared placement time, however the court has discretion in this regard.

Costs of healthcare for the children can be allocated which may result in an adjustment to each party’s child support obligation. Unreimbursed medical care is considered a shared expense.

Factoring in Child Support From a Previous Marriage

If a parent’s gross income is more than 7K a month or $84,000 per year, there is a separate calculation for high income payors. For those who are paying child support for children from a previous a relationship on a separate order, information can be found under the serial payor calculation option on the same DFS site.

Contact a Waukesha Child Support Lawyer for Help

Every situation is unique, so it is important to discuss your specific concerns with an experienced Wisconsin child support lawyer. For your free, half-hour initial consultation with an experienced family law attorney for child support or any other family law matter, contact Probst Law Offices S.C. for help at 414-210-3135.

When Separate Property Becomes Marital Property

marital property divisionEven though your name might not be on the title of the car or house, Wisconsin is a community property state in a divorce, so half of the marital assets are yours under most circumstances. This is regardless of whether your spouse earned more money or brought in all of the income during the marriage – marital property division is subject to equal division in the state.

Of course not all property is classified as marital property. Separate property may include property acquired by one spouse prior to the marriage, which will remain that spouse’s property after a divorce. Gifts and inheritance acquired by one spouse before or during the marriage may also be considered separate property.

However, if you married your spouse when he or she already owned a home, there is still a possibility that the asset is subject to division in a divorce if it was not maintained as separate property. This is also true when it comes to inheritance if it was co-mingled or mixed with marital assets.

Examples of this might be that your spouse receives an inheritance or gift of money from a relative, which they then deposit into your joint account rather than a separate bank account. Because there was a mixing of separate and marital assets, the inheritance or gift may transmute into marital property. If your spouse owned the home when you married but the two of you use marital assets to make improvements, pay for maintenance, make mortgage payments, or put sweat equity into the home, there may be consideration given to the marital contributions when dividing assets in a divorce.

Contact An Experienced Wisconsin Marital Property Division Attorney For Help

It is important not to draw any conclusions about what marital property is or is not subject to marital asset division in a divorce until you speak to an experienced Wisconsin Family Law attorney. Many spouses simply believe that they have no rights to property that is in their spouse’s name when they divorce, but in many cases, there is some division that is warranted. Contact the Wisconsin Family Law attorneys of Probst Law Offices at 414-210-3135 for a free initial consultation of your case so you can make informed decisions regarding Wisconsin marital property division.