When spouses in Wisconsin divorce, they will be required to divide their property and assets. However, there are some circumstances in which actions by one spouse will affect a couple's ability to divide their assets fairly. If one spouse has taken actions that reduced the value of the marital estate, this may be considered dissipation of assets. When a spouse claims that the other party has taken these types of improper actions, they may ask for adjustments to be made to how marital property will be divided, ensuring that their financial interests will be protected.

What Counts as Dissipation of Assets?

In general, any use of marital assets for the sole benefit of one spouse outside of the marriage can be considered dissipation of assets. Some common examples of asset dissipation that may need to be addressed during the divorce process include:

• Using marital funds to support a paramour or further an affair. This may include buying gifts for a paramour, taking vacations together, or even paying for a person's ongoing expenses, such as rent or groceries.

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The loss of a job is a difficult event for any family to endure. When a person experiences a reduction in their income, they may struggle to meet their own needs, and they may also be unable to make child support payments as required following a divorce or family law case. In cases where a parent who is paying child support loses their job, it is important to determine whether child support payments may be modified and the procedures for doing so. 

Child Support Modifications

In Wisconsin, child support is typically calculated using a percentage of the non-custodial parent's income. Following the loss of a job, a person may be unable to meet the obligations that had been put in place based on the income they earned when child support was originally calculated. However, modification of child support is not automatic. A parent will continue to owe child support, as well as interest on any missed payments, and these obligations will not change until a family court judge issues a modified child support order.

There are a few situations where modifications to child support may be appropriate, including when a parent has experienced a "substantial change in circumstances." The loss of a job will usually qualify as a substantial change, and a parent may make sure this issue will be addressed correctly by filing a petition to modify child support. A hearing will usually be held to determine whether child support modifications will be appropriate. A judge may decide to temporarily reduce the amount of a person's payments, or a permanent change may be made if a parent has experienced issues that affect their income-earning capacity, such as a disability. 

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No one said parenting would be easy, but no one said it would be this hard either. You never thought that you would be sitting your kids down to tell them that you and their other parent are getting a divorce. It is a tough conversation to have, but it is important to remember that you do not have to share all the details with your children. They just need to know enough to understand what is going on. Here are some tips on how to have this difficult but necessary conversation.

Tips for Controlling the Conversation

The conversation with your kids about your divorce is going to be tough—there is no question about it. It is important to understand, however, that children are often aware that there are big problems even if you have not talked about your concerns in front of them.

If you and your spouse have decided to end your marriage, the best thing you can do is schedule a time that you both can sit down with your children and talk to them directly. When you do so, keep the following in mind:

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It practically goes without saying that many divorced or separated parents are not especially fond of each other. Parents who do not see eye-to-eye can struggle to co-parent effectively. Some disagree about their child’s education or church involvement. Others differ with regard to household rules or discipline.  

Some parents hold onto anger from their marriage and let this anger influence the way they parent their children. They may talk badly about the other parent or even discourage the child from having a close relationship with the other parent.

In some cases, the situation escalates into parental alienation. Parental alienation occurs when a parent intentionally sabotages the relationship between the child and the other parent. Many experts consider parental alienation to be a form of emotional abuse.

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The time following a divorce, separation, or other establishment of a court-ordered child custody order can be a time of high conflict between co-parents. Unfortunately, this results in many false accusations of child abuse that judges and courts must spend valuable time and resources investigating. 

For those parents who are dealing with real concerns of child abuse, the prevalence of false accusations may make them understandably worried about whether the court will take their concerns seriously. After all, proving child abuse is not always easy, and although your parental intuition may be absolutely sure that something is “off,” it can be difficult to collect evidence to prove it. If you are worried that your ex is abusing your child and you want to take action in the form of a modified custody arrangement, contact an experienced Wisconsin child custody attorney today for help. 

How Does Child Abuse Impact Child Custody Disputes in Wisconsin? 

Wisconsin family law judges are primarily concerned with implementing a custody order that is in the best interests of the child. When a court finds that a parent has committed a pattern or serious incident of child or spousal abuse, Wisconsin law requires the well-being of the child to be the first consideration when making custody decisions. This usually means removing joint or sole legal custody from the abusive parent or only allowing supervised visitation. In cases involving concerns of ongoing physical abuse, the child may be immediately removed from physical placement with the abusive parent. 

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