Although divorce rates have declined across the nation, divorce is becoming increasingly common for Americans age 50 and over. In fact, the divorce rate for the age group has reached an all-time high. In 1990, about 10 percent of individuals divorcing were over the age of 50. By 2009, that…
Wisconsin Family Lawyer Blog
Wisconsin State Senator Introduces Bill That Would Associate Single Parenthood With Child Abuse
Wisconsin Senator Glenn Grothman has sponsored a bill in the state legislature that would make single parenthood a recognized contributing factor to child abuse and neglect. Senate Bill 507 would require the Wisconsin Child Abuse and Neglect Prevention Board to teach that children are less likely to be abused or…
Wisconsin Child Custody: Medical Decisions Before Birth
Can a putative father obtain an injunction in a Wisconsin paternity case before he has been adjudicated the father? The answer – at least in one court – appears to be “yes.” Mom filed a paternity action regarding her unborn child. Alleged dad learned that mom was planning to subject…
BOUNDARY ENCROACHMENT? YOUR REMEDY MAY DEPEND ON RELATIONS WITH YOUR NEIGHBOR
So you’ve decided to sell your residence and you have discovered an encroachment on your boundary line with your adjacent neighbor. This can take the form of a driveway that lies partially over the lot line, or even a garage that straddles the lot line. Whatever the case, you will…
Child Support Oral Argument in Wisconsin Supreme Court Scheduled for October 6
In January we blogged about a child support issue that’s headed to the Wisconsin Supreme Court. That case has now been scheduled for oral argument. Attorney Keith Wessel of Wessel, Lehker & Fumelle will argue the case before the full Wisconsin Supreme Court on Thursday, October 6, at 1:30 pm.…
IMPACT OF 2011 WISCONSIN ACT 10 ON FAMILY LAW CASES IN WISCONSIN
Much confusion has surrounded the recent enactment of 2011 Wisconsin Act 10, the so-called “budget repair bill” here in Wisconsin. This has proved problematic for public employees and family law attorneys alike in planning budgets looking into the future. Until Thursday, March 31, this writer had been preparing budgets for…
DIVORCE OR LEGAL SEPARATION?
Attorneys are often asked to explain the difference between divorce and legal separation. From the client’s perspective, the only substantial difference will likely be that a divorce will terminate the marital relation, that is, after a divorce the parties are no longer married. However, after a legal separation the parties…
CHILD SUPPORT ISSUE HEADED TO WISCONSIN SUPREME COURT
The Wisconsin Court of Appeals recently certified a child support issue to the Wisconsin Supreme Court in an appeal pursued by Wessel, Lehker & Fumelle. One glaring disparity in Wisconsin law is its treatment of child support agreements. Parents are free to agree to a minimum amount of child support,…
Wisconsin Child Support and Termination of Parental Rights
A Michigan child support case has made headlines across the nation recently. Just last month the Michigan Supreme Court ruled in Department of Human Services v. Lawrence Michael Beck that even though the father’s parental rights had been terminated, his obligation to pay child support could continue. The court based…
WISCONSIN CHILD CUSTODY, PHYSICAL PLACEMENT, VISITATION: WHAT’S THE DIFFERENCE?
People often use the terms physical placement, visitation rights, and child custody interchangeably in the context of divorce, legal separation, paternity, and related matters. Under Wisconsin law, however, each of these terms has a distinct, specific meaning. Parents frequently use the term child custody to describe how a child’s time…