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waukesha child support lawyerComing to a mutual child support agreement is challenging for both parents, and modifying that same arrangement can be problematic. Not only are changes difficult, but the timing of those revisions needs to be considered. Under Wisconsin law, noncustodial parents are obligated to make child support payments until the child is 18 years old, or 19 if the child is still in high school or working towards their GED. Knowing when to make changes to a Child Support Order and how to go about it are crucial, so is understanding how to receive your owed support from a non-compliant noncustodial parent. 

When Can Changes in the Child Support Agreement be Made?

In Wisconsin, there is a 33-month waiting period before any modifications can be made to the initial child support agreement. Rare exceptions can be made if there is a significant change in circumstances, including a change in either parent’s income, health needs of the child changing, or either parent being placed in jail. A few misconceptions about what constitutes a change in the agreement include failing to follow visitation rules, the custodial parent legally moving with the child, or either parent voluntarily leaving their job. Changes in the child support agreement can only occur once every three years, and the court will determine whether or not if a review will be ordered.

How to Change a Child Support Order

Before an order is changed, it is reviewed by a local child support agency and/or by the court. If a child support agency is providing you services, they can write up an agreement for both parents to sign, but the court has to approve any revisions made to the agreement. If the court orders a review, both parents will be required to provide their current financial information. When a child support order is changed, the amount of support can increase, decrease, or stay the same. If the support amount stays the same, adding medical support to the court order is a possibility. Any changes that are made will not take effect until the court has signed the order. 

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waukega domestic violence lawyerA domestic violence-related conviction may carry severe penalties, including prison time and fines. Offenders may also be subject to a protective order. Having a conviction on your record can seriously damage your reputation. Thankfully, everyone is innocent until proven guilty, and people charged with a crime have rights.

What to Do If You Are Accused of Domestic Battery

Your decisions in the immediate aftermath of a domestic battery charge are critical and may make the difference between conviction and exoneration. Here are three pieces of advice:

Watch What You Say - Be very careful with your words, especially when talking to the police or the victim. Your words can and will be used against you. If you are taken into police custody, the police may try to get you to make confessions or admit guilt. Remember, you have the right to remain silent and consult with legal counsel.

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waukesha county drug crime defense lawyerFor years, marijuana usage was strictly illegal throughout the United States. The buying and selling of the narcotic were considered a serious criminal offense that would often land the offender in jail. Now, marijuana dispensaries can be found in many large cities around the country and possessing small quantities of the plant is no longer considered a criminal offense in many states. However, marijuana is still a controlled substance in the Badger State and the cultivation, possession, or sale of the drug can trigger harsh criminal penalties.

Penalties for Marijuana Possession

In the State of Wisconsin, a first-time offense for possession of marijuana is a first-degree misdemeanor. Offenders may face a maximum jail sentence up to six months and a maximum fine of $1,000. A subsequent offense for possession is charged as a felony. Offenders may spend up to 3.5 years behind bars and maximum fines up to $10,000.

Driving Under the Influence  

Driving while under the influence of marijuana in Wisconsin is a crime. The severity of the penalties associated with the offense depends on the number of previous offenses.

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How Is a 401(k) Divided in Divorce?

Posted on in Criminal Law

waukesha divorce lawyer Divorce is stressful. Even in the best of circumstances, the process is filled with tension and drama. Simply separating from a person that you shared a life with for years can be heart-wrenching, even if it is necessary. There are also practical components that are just as challenging. The lives of spouses are intertwined not only emotionally, but financially as well. The disentangling of financial interests is frequently a source of tension during separation, especially if a 401(k) plan is present.

Who retains the benefit of a 401(k) is a deeply personal issue; after all, it is often essential to both parties’ quality of life post-retirement.

Wisconsin Law establishes how retirement plans, such as pensions and 401(k)s, are divided by the court during divorce.

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Establishing Paternity in Wisconsin

Posted on in Criminal Law

wisconsin paternity lawyerThe State of Wisconsin grants fathers certain rights regarding their children. However, a father must establish his legal relationship to the child before he gains many of these rights. Establishing paternity allows a father to ask the court for custody and visitation, and add his child to his health insurance. Children also gain inheritance rights and access to the father’s social security benefits.

However, accessing any of these rights is difficult if the father cannot establish paternity or, in other words, prove they are the child’s biological father.

Paternity is also relevant to children and mothers. The court cannot issue a child support order unless the paternity of the father is established.

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