Although recreational marijuana is legal in neighboring Illinois and Minnesota, marijuana possession remains illegal under Wisconsin law. As societal attitudes shift and accessibility increases, many adults continue to use marijuana regardless of state prohibitions. For parents navigating a divorce, it is important to understand that such use can lead to significant child custody challenges when […]
How Life Insurance Protects Alimony and Child Support
During divorce settlement negotiations, family law attorneys often include life insurance provisions to secure child support and alimony obligations in the event of the payor’s death. To ensure the payor is insurable and follows through with the coverage, these arrangements are typically finalized before the settlement agreement is signed. A recipient spouse may request that […]
Administrative Actions for Collecting Past Due Child Support
Failure to pay court ordered child support can lead to a number of consequences. Initial actions may include assessing interest on past due amounts and increasing paycheck withholding. Past Due Child Support: Administrative Enforcement Actions When child support arrears meet a certain threshold, state and federal laws allow child support agencies to use administrative enforcement […]
Can My Spouse Evict Me from My Home?
When marriages start to unravel, it is not uncommon for a spouse to demand the other move out. If the house is owned by only one party, many wonder if a spouse can evict the other from the family home. Separate vs Marital Property If the property was acquired before the marriage or a […]
Less Parenting Time Factors
Wisconsin law mandates that family court judges provide details when a parent is awarded less than 25% parenting time in a child custody matter. The court must provide written findings of fact explaining why more placement with the parent is not in the child’s best interest, adding transparency to the child custody determination. A judge […]
Infidelity in Wisconsin Spousal Maintenance Determination
Wisconsin is a no-fault divorce state. This means adultery or cheating plays no direct role in whether a spouse receives or pays alimony, known as spousal maintenance. Even when one partner was completely blindsided by infidelity and upending long held plans, financial or otherwise, courts do not punish the cheating spouse or reward the other […]
Impacts of Parental Alienation on the Child
Parental alienation occurs when one parent manipulates or pressures a child to reject, fear, or dislike the other parent without legitimate justification, often during divorce or custody disputes. This can involve making derisive comments about the other parent, interfering with visitation, making false accusations, or mischaracterizing the other parent as dangerous or unworthy. Signs […]
Guardian Ad Litem Assigned to Custody Case -Now What?
In Wisconsin child custody disputes, when parents cannot agree on legal custody or physical placement, the court often appoints a guardian ad litem (GAL). The GAL is an attorney licensed in Wisconsin who acts as an independent advocate for the child’s best interests, not as the child’s personal lawyer or a representative of either parent. […]
How Do I Get Sole Child Custody in Wisconsin?
In Wisconsin, child custody distinguishes between legal custody – decision-making authority over major issues like education, health care, religion, and extracurricular activities – and physical placement which is where the child lives and how time is shared between parents. Courts prioritize the best interests of the child above all else and strongly presume that joint […]
Who Pays Divorce Attorney Fees?
In Wisconsin, each spouse is generally responsible for their own attorney fees and court costs in a divorce. However, courts have broad discretion to order a higher-earning spouse to contribute to the lower-earning spouse’s fees if there’s a significant income disparity that would otherwise prevent the spouse from participating in the case. In addition to […]