Family

Legal Separation or Divorce?

Legal Separation or Divorce?

A physical separation of spouses is not a “legal separation” regardless of how long it has been since the parties have lived together. A “legal separation” occurs through a court proceeding that is almost identical to a divorce proceeding. There are two main...

How Job Loss Can Affect Child Support

How Job Loss Can Affect Child Support

Child support is calculated based on a percentage of the payor’s income (generally 17% for one child, 25% for two children, 29% for three children, and up). After the calculation is established, a fixed dollar amount is determined based on the payor’s average gross monthly income at the time the support order is entered. In other words, the obligation does not automatically change from week to week or month to month based on a payor’s actual earnings where those earnings either fluctuate or the payor experiences a significant and sudden change in his or her income.

Joint Tenancy Outside of Marriage

Joint Tenancy Outside of Marriage

What happens when you make your significant other a joint tenant in your home and your relationship subsequently dissolves?

We have been receiving an increase in the number of calls from potential clients who tell us that they own a home as a joint tenant with their significant other and that the relationship is ending. They want to know how to go about removing their partner from the deed to their home.

Parental Liability for Unmarried Parents of a Young Driver

Parental Liability for Unmarried Parents of a Young Driver

In Wisconsin, all drivers under the age of 18 are required to have a sponsor before they can be issued a driving instruction permit or a driver’s license. When a sponsor (usually a parent) signs a minor’s driver license application, the sponsor accepts complete liability for any damages caused by the minor while driving. Pursuant to Wisconsin Statutes, “any negligence or willful misconduct of a person under the age of 18 years when operating a motor vehicle upon the highways is imputed to the parents where both have custody and either parent signed as a sponsor, otherwise, it is imputed to the adult sponsor who signed the application for such person’s license.

When Can My Child Decide Whom To Live With?

When Can My Child Decide Whom To Live With?

One of the most frequent questions posed by my clients involved in physical placement disputes is “At what age can my child decide which parent he/she wants to live with?” My short answer is usually “When he/she is 18.” Although “the wishes of the child” is one of approximately fifteen statutory factors that the court is required to consider in deciding what type of physical placement schedule to order, what the child “wants” is not always what is in the child’s best interest. In addition, the courts generally believe children (even older children) are not emotionally mature enough to make such an important decision and do not want to create a situation where children are placed in the middle of their parents’ legal disputes or where they feel forced to choose one parent or the other.

Common Questions and Answers about the Divorce Process

Common Questions and Answers about the Divorce Process

Studies have shown that for many people, divorce ranks second only to a death of a loved one in terms of emotional turmoil, pain and stress. The sheer thought of going through a divorce may cause anxiety and fear. Multiple questions concerning how the process will impact your children, finances, future and you can become all-consuming. The first step in conquering fear of the unknown is to learn as much as possible about the process.

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