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Recent Blog Posts

Do I Have to Pay Taxes on Alimony and Child Support in Wisconsin?

 Posted on June 20, 2024 in Family Law

Waukesha County, WI child support lawyerMost people are familiar with the concepts of child support and spousal maintenance, also known as alimony. Together, they are referred to as family maintenance. Family maintenance is used to provide financial support to children and spouses who go through a divorce. Couples who file for divorce often expect that one of them will be ordered to pay alimony, and one or both parents will be ordered to pay child support.

Not many people, however, are aware of the tax implications of alimony and child support. Hiring a Wisconsin divorce attorney is a great way to stay informed about your divorce and its tax considerations. This includes learning the answers to such questions as:

  • Does the payee — the spouse who receives family maintenance — have to pay taxes on the money?

  • Does the payor — the spouse who pays the family maintenance — get to deduct taxes from the payments?

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Can My Child Choose Which Parent to Live With in Wisconsin?

 Posted on June 13, 2024 in Family Law

Waukesha, WI child custody lawyerChild custody disputes in Wisconsin can be complex affairs. There is no formula that can predict how a court will rule on a given custody case. There is no single factor that guarantees which parent will be awarded the majority of physical custody, or what Wisconsin law calls “placement.”

The only thing that is guaranteed in a child custody case is that the court will try to do whatever it thinks is in the child’s best interests. This is not specifically defined by the law, so judges make decisions based on many factors in each case. Whatever is considered to be best for the child’s mental, emotional, and physical well-being is usually what the court will favor.

A common question that comes up in child custody disputes is: can the child choose which parent to live with? This article will discuss a child’s choice in a custody dispute. Keep in mind, however, that consulting a Wisconsin child custody attorney is the best way to get the answers you need.

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When Is a Speeding Ticket Not Just a Speeding Ticket?

 Posted on June 07, 2024 in Criminal Defense

WI defense lawyerSeeing flashing red lights in your rearview mirror is rarely a positive experience. In some instances, it can alter your entire future. Wisconsin has the fourth-highest percentage of drivers who have received a speeding ticket within the past seven years (13.43 percent). While the penalties in the state for excess speed are milder than in many other states, you could still face serious consequences.

Driving more than 30 miles over the posted speed limit adds a layer of complexity that can seriously affect your future. Now is not the time to attempt to handle a speeding ticket without legal assistance. Having an experienced criminal defense lawyer advocating on your behalf can potentially change the outcome of your ticket—and could even keep you out of jail.     

Could I Go to Jail for a Speeding Ticket?

A speeding ticket in Wisconsin is usually unlikely to land you in jail. A speeding ticket for more than 20 mph over the speed limit adds six points to your driver’s license. Accruing twelve points within one year results in a one-year license suspension.

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Dealing with False Accusations of Domestic Violence

 Posted on May 30, 2024 in Violent crimes

WI defense lawyerIt can be extremely stressful having the police show up at your home suspecting you of domestic violence. There are countless reasons why someone might make false accusations about something so serious. They might be mad at you and hope to punish you, they might think it could help them later on in a future divorce settlement if it seems like you were abusive, and they might even be an abuser themself and hope that pretending instead to be a victim can help them get out of trouble. Regardless, false accusations can have severe consequences and criminal charges. If you are facing false accusations of domestic abuse, speak with an experienced Wisconsin criminal defense attorney who can fight hard for your rights.

What Should You Do?

In America, we like to say that we consider everyone innocent until proven guilty. Unfortunately, it becomes harder to do when someone is accused of a serious crime. Even without any background information or more extensive knowledge, the very fact that you have been accused can be enough for many people to judge you as if it has been proven beyond all doubt that you committed domestic violence.

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Dissipation of Assets in Wisconsin

 Posted on May 21, 2024 in Property Division

WI divorce lawyerWhen married couples go through a divorce, they need to come up with a plan for how they will divide their assets and property. It is an essential part of a divorce settlement. However, sometimes one spouse does something to reduce the value of the marital estate, which impacts a fair division. You might think you have a certain amount of value in your marital estate and then discover it is much less than it should be. If you think your spouse has actively dissipated assets in an attempt to manipulate your future divorce, speak with an aggressive Wisconsin divorce lawyer who will fight for fair compensation in a settlement.

What is the Dissipation of Assets?

A general description of dissipation of assets is when one spouse uses marital assets in a way that benefits them only outside of the marriage. This can happen in various ways. Some examples are:

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Is Birdnesting a Good Option for My Family?

 Posted on May 16, 2024 in Family Law

WI family lawyerWe have all heard horror stories about parents who turn into each other’s sworn enemies during a divorce. They go to court hoping to make the other person suffer, and their marriage ends with a lot of anger. Luckily, that is not always the case. There are countless examples of divorced couples who still manage to respect each other. This becomes even more beneficial if there are children involved. If parents can work together to find a child custody arrangement that benefits everyone, it can help them offer their child stability. If you fall under this second category, birdnesting might be a good option for your family to consider. Speak with a knowledgeable Waukesha County, WI child custody lawyer to find out more.

Why Choose Birdnesting?

When parents go through a divorce, they need to figure out child custody arrangements. They need to answer questions including:

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Getting a Juvenile Criminal Record Expunged in Wisconsin

 Posted on May 03, 2024 in Criminal Law

WI defense lawyerPeople can make serious errors of judgment when they act without thinking about the consequences. While that is true for everyone, it is especially true for youth whose brains are still developing and who have yet to learn the full weight of responsibility. Learning from your mistakes is a part of growing up and becoming an adult, but for some people, these mistakes can result in a criminal record that could haunt them well into the future.

People with criminal records can face difficulties years after their crimes when applying for college, jobs, housing, and even when dating. Fortunately, under certain conditions, the state of Wisconsin will grant a request to have a juvenile record expunged. That means the person’s name will be removed from all the records. This article will explain the process of requesting expungement, but if you have a juvenile record, speak with a skilled Waukesha, WI criminal defense attorney to understand your options.

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Can My Spouse Evict Me From Our Home in a Wisconsin Divorce?

 Posted on April 30, 2024 in Property Division

Muskego, WI asset division lawyerIn high-conflict divorces, it is not uncommon for a spouse to want to force the other spouse out of the home. Being ordered to leave the house by your spouse can be frightening, especially if you have no other living arrangements. This article will discuss your rights in Wisconsin if you are evicted by your spouse during a divorce.

If your spouse is threatening you with eviction, reach out to a Wisconsin divorce attorney as soon as possible.

Who Does the House Belong to?

Under Wisconsin law, the house that a couple lives in while they are married — called the marital home — belongs to both spouses. This is the case even if only one party’s name is on the lease or mortgage. The house is by default considered marital property and one spouse cannot kick the other spouse out.

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What is Retail Theft and How Is It Punished in Wisconsin?

 Posted on April 19, 2024 in Criminal Defense

New Berlin, WI criminal defense lawyerIf you leave a store with merchandise and forget to pay, you are not guilty of retail theft. This is because, under Wisconsin law, there must be intent to steal for it to be considered retail theft.

However, the retailer does not know your intentions. Although it does sometimes happen that people forget to pay for an item, a store owner may not believe you when you say “I forgot to pay.” Under the law, a merchant is allowed to detain you at the store until the police arrive if he or she believes you tried to commit retail theft. 

This is why, if you are accused of retail theft, it is important to contact a criminal defense attorney as soon as possible to start building your defense.

What is Considered Retail Theft?

The most common form of retail theft is removing merchandise from a store without the consent of the owner and with intent to steal. This is called shoplifting. However, there are other forms of retail theft as well, such as:

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Will My Bipolar Diagnosis Cost Me Child Custody?

 Posted on April 11, 2024 in Parenting

Waukesha, WI child custody lawyerWhen it comes to questions about child custody, the general rule is that Wisconsin law will side with whatever is in the child’s best interest. That being said, there are a host of factors that can affect that, which is why it is best to direct any questions to an experienced family law attorney.

One of the factors that can sometimes affect child custody arrangements is the mental health of relevant parties, including the child. This is still a very nuanced issue, however, and no Wisconsin law discriminates against a parent for having a mental disorder. If that parent’s behavior affects the child negatively, however, the diagnosis may come up in court.

It is important to note that if you already have a child custody arrangement and then are diagnosed with a mental disorder, that alone is not likely to cost you parenting time. If you are embroiled in a custody dispute, however, your co-parent may attempt to use it against you.

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