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Recent Blog Posts
Modifying Child Support and How it is Done in Wisconsin
Coming 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.
Understanding Domestic Violence Charges in Waukesha County
A 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.
What to Know About Marijuana Laws in Waukesha, Wisconsin
For 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.
How Is a 401(k) Divided in Divorce?
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.
Is a 401(K) Marital Property?
What percentage of the 401(k) each party gets to keep largely hinges on what portion of it is marital property.
How Are Pensions Divided in a Divorce?
Divorce obviously has tremendous emotional, psychological, and familial ramifications, but it has significant financial consequences as well.
A frequent source of consternation is how to divide up the wealth accumulated by the couple during their years of marriage. The focus is not only currently held assets, but prospective income as well – especially pensions.
Pensions can be a challenging subject during divorce, as a person’s quality of life post-retirement hinges upon them. Many people are hesitant to share a portion of their retirement assets with their spouse. However, before you panic, it is not a foregone conclusion that your ex-spouse will take the lion's share of your monthly benefit payment. Here is how Wisconsin courts divide pensions during divorce:
How Pensions Are Valued
Wisconsin is a community property state, meaning most property, wealth, and assets accumulated during the marriage by either party is considered marital property. This has ramifications for how pensions are valued.
Establishing Paternity in Wisconsin
The 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.
Voluntary Paternity Acknowledgement
If both parents agree who the father is, they can sign a voluntary paternity acknowledgement form to establish paternity. This form is generally signed by unwed couples at the hospital after the mother gives birth. It is then filed with the secretary of state.
Does a Police Officer Need a Warrant to Search My Car?
Seeing police lights in your rear-view window is a cause of apprehension. A reel of questions might run through your head, “Why am I being stopped?” “What questions will they ask me?” “Am I in trouble?” Simply being pulled over is enough to make your heart flutter, but your heart rate may elevate dramatically if the officer asks to search your car. At this point, the officer probably suspects serious wrongdoing, and the chance of arrest may have increased.
However, the officer cannot search your vehicle without a valid reason. Due to the Fourth Amendment's protections against unreasonable searches and seizures, police officers can only search a car if there is a reasonable suspicion of wrongdoing.
When Can Police Search a Vehicle?
The Constitution protects us from unjustified searches and seizures of personal property. However, the law applies differently to different types of property. Police usually need a search warrant before entering and searching someone's home. However, the expectation for privacy in a vehicle is lower than the expectation of privacy in a vehicle. Consequently, there are a greater number of reasons why police may conduct a warrantless search.
What Are the Consequences for Violating a Protective Order?
In the State of Wisconsin, a court may restrict a person’s freedom to go certain places or be near certain people. Such a restriction is imposed using a “restraining” or “protective order.”
A judge usually issues a protective order at the request of someone (“the petitioner”) who feels their personal safety is threatened by the person subject to the order (“the respondent”).
They are most commonly used in cases of stalking, domestic abuse, child abuse, elder abuse, and harassment.
Two kinds of protective orders exist:
- Temporary orders: As the name suggests, this is a short-term order that only lasts 90 days. It serves as a placeholder while the judge considers the merits of a longer order.
- Injunctive orders: If the judge decides a longer order is necessary, he will impose an injunctive order that can last up to four years.
Debt and Divorce: Will I Be Stuck with My Ex-Spouse’s Poor Decisions?
Even when a divorce is necessary, it is still difficult. Both parties are generally invested in protecting their interests and are likely to be entrenched in their positions.
Although divorce is framed as a fight to retain property and assets, sometimes it is about the things you do not want to keep. A prime example is your soon-to-be ex-spouse’s debt. The thought of being responsible for their poor financial decision making is frustrating and infuriating.
In Wisconsin, the Marital Property Act delegates responsibility for debt incurred by either spouse during marriage. Under the Act, all debt occurred during the marriage is considered jointly shared. The reasoning here is that the debt, even if financed by just one of the spouse’s, is for the benefit of the marriage. For example, if the husband buys a house during the marriage, the wife could still be liable post-divorce, even if only the husband’s name is on the title and mortgage.
Alimony vs. Property Distribution; What You Should Know
The lives of married people are often totally intertwined, which is part of what makes divorce so difficult. How do you determine who is entitled to what? The challenge is especially acute in the financial realm. After all, it is often the case that one spouse was mostly or entirely dependent on the income of the other.
In these situations, the dependent spouse will often be granted some form of compensation for his or her continued sustenance post-divorce. Generally, this compensation falls into one of two categories: property distribution or spousal maintenance.
Spousal maintenance or "alimony" is court ordered spousal support in the form of monthly payments made by the supporting spouse to the dependent spouse. Property refers to assets already in the couple’s possession, such as a house, stock dividends, etc.
Divorcing spouses are often presented with a choice between greater alimony payment and less property, or more property in exchange for less in alimony. This decision should be made with great care. Both choices carry serious ramifications, and each has both pros and cons.
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