Free Consultations | Available 24 / 7

Call Us262-232-6699

711 W. Moreland Blvd. Suite 205
Waukesha, WI 53188
Subscribe to this list via RSS Blog posts tagged in Milwaukee County family law attorney

Waukesha County Divorce LawyerIt is not uncommon for there to be a number of disagreements between a couple who is going through a divorce. While there are often personal issues lingering that caused the divorce to begin with, the couple must now decide how their married life will be divided – including child custody, division of marital assets and debt, child support, and more. This can result in even more disagreements and acrimony. Unfortunately, in many cases, even after the divorce has long been finalized, one spouse may still refuse to comply with the court’s orders. In these situations, the other spouse can seek the assistance of a Milwaukee County family law attorney in taking the legal steps to enforce the court’s orders.

Enforcing a Court Order

The final divorce agreement that the judge signs off on should specify how the couple’s assets and debts will be distributed, how child custody and parenting time will be shared, and how much – if any – child support and/or spousal support will be paid. Each spouse is legally required to obey this order. If either one fails to follow the order, they can be held in contempt of court.

In order for the court to hold that spouse in contempt, the spouse who is seeking the order must first file a petition with the court that issued the divorce decree. The court will then schedule a hearing where the spouse who filed the petition will present their evidence. The other spouse will also have an opportunity to defend themselves against the petition and argue why they should not be held in contempt.

...

b2ap3_thumbnail_shutterstock_1220724925-min.jpgSeveral years ago, a California woman made national news when she was able to collect $150,000 in back child support almost 50 years after her ex-husband fled the country in order to avoid paying his court-ordered obligation. Since there is no statute of limitations on back child support, the case sent a message to deadbeat parents everywhere that eventually, the delinquency can catch up to them. If you are having trouble collecting child support, a Waukesha County family lawyer can help.

Time to Pay Up

According to the woman in the California case, when the couple broke up in the early 1970s, her ex-husband fled to Canada in order to get out of paying child support for their then 3-year-old daughter. He had been ordered to pay $160 a month until the child reached 21. The woman raised their daughter on her own, never receiving any financial help from the child’s father.

Fifty years later, the woman decided it was time to see if she could track down the father. She discovered he was back in the U.S. and living in Oregon. She took the original support order and headed to an attorney’s office. Decades ago, the amount owed to the woman totaled approximately $35,000, but with 10 percent accrued interest, the amount owed to her was close to $170,000. The woman’s attorney was able to negotiate a settlement for $150,000, which the court approved, and the woman finally received her long-overdue child support.

...

Oconomowoc Divorce attorney divorce

When you get married, you expect to be with that person for the rest of your life and live happily ever after. Unfortunately, that kind of fairytale love does not come around very often. In many cases, couples end up succumbing to divorce and end up having to split all of their assets that they acquired during the marriage. Wisconsin follows a rule of equal division, which means that a couple’s marital property is divided in half in most cases.  which simply means that the judge will make a decision based on the facts surrounding the case. Some of the most contested issues are those dealing with finances. If you are close to retirement age, you may be concerned with how your retirement plans will be affected. Thankfully, dividing retirement accounts in Wisconsin can be completed with little to no damages. 

Determining if Retirement Accounts Are Marital or Nonmarital Property

In Wisconsin, the first thing you should do before dividing your assets is to determine which assets are subject to division. Any property that either spouse brings into the marriage, along with a few exceptions for property acquired during the marriage, is not subject to division and will remain that spouse’s property. Exclusions from the marital property include any property that was acquired as a gift, property that was acquired because of death or inheritance, or any funds that come about as a result of such property.

...


Waukesha, WI family law attorneysMany times, couples do not jump directly from being married to getting divorced. In most cases, a couple who is unhappy with their marriage will go through a period of separation before they file for divorce, even if that separation is not legally recognized. While this can be a good way for couples to determine whether or not they are actually ready for a divorce, it can also be a very important period of time for the couple’s finances. In Wisconsin, marital property is divided using “community property” theories. This means that each spouse is entitled to half of the marital estate, but that the marital estate is composed of all assets that either spouse owns, regardless of when they acquired that asset. Because there are such high stakes when it comes time to divide your property during a divorce, managing your finances prior to that is crucial. If you are currently separated from your spouse but are planning on filing for divorce, here are a few things you should keep in mind during your separation period:

  • Understand that your living situation will likely change. Many people do not want to come to terms with it, but after you are divorced, your standard of living is very likely going to change. Many households are dual-income households, meaning both partners work, allowing them to have a lifestyle that cannot usually be maintained with one income.

  • Put together and follow a post-divorce budget. Because of this, it is important that you begin to plan for your finances after your divorce is completed. Putting together a budget not only gives you an idea of how much you will need each month to live, but it can also help you understand what your bare minimum needs are when negotiating property division with your spouse. 

    ...

Waukesha County family law attorney parenting plan

One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

...
NTL BBB Best DUI Lawyers in Milwaukee EDWBA WACDL Commerce WCBA SBW
Back to Top