Author Archives: David Kowalski

Posted inDivorce

Most expensive divorces

Needless to say, none of these occurred in Wisconsin.   Out of curiosity, it would be fascinating to know the amount of the attorneys’ fees.  http://www.cnbc.com/id/34316968  Perhaps this goes into the category of “It could be worse.”

Wisconsin divorce-do I get half the property?

In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets.  However, judge also considers 13 factors that can shift the final property division in favor of one spouse.  Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned […]

Posted inChild custody

Unfitness in Wisconsin child custody case

A Wisconsin child custody case took an interesting turn when the father requested that the child’s care be assumed by the State because neither parent could properly care for him.  In Interest of Luke S. http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=108947, the Wisconsin Court of Appeals ruled that the State could not provide protective services for the child that the […]

Posted inGuardianship

Wisconsin guardianship of a minor

A Wisconsin guardianship grants legal rights to a non-parent of a child.   It allows the non-parent to take certain actions, such as authorizing medical treatment, applying for social services, school enrollment, etc., and to obtain “care and custody” of the child.  The  guardian does not necessarily take the place of the parent, and the parent’s […]

Posted inprenup

Should I have a Wisconsin prenup?

Wisconsin prenup agreements allow spouses to avoid Wisconsin’s marital property rules.   Each spouse in Wisconsin owns one-half of all marital property.  However, what is considered “marital property” during a marriage is different at divorce.  The definition for divorce is far broader, even covering property titled to only one spouse, or property owned before the marriage.  If you wish to protect assets from […]

Posted inAppeals, Divorce

Should I consider a Wisconsin divorce appeal?

A Wisconsin divorce appeal is generally rather difficult to win.  There are two main reasons for this.  First, a Wisconsin divorce appeal is reviewed under the discretionary standard.  This means that, for issues of property division, child support, maintenance, and child custody/placement, the judge has discretion to make a “reasonable” order based on the testimony and credibility of witnesses.   Even if the appeals court […]

Posted inDivorce

Tax issues in Wisconsin divorce

If you have completed, or are in the middle of, a Wisconsin divorce should be aware of the following tax issues: Support revisions:  According to Wisconsin Statutes 767.54, as long as there is a child support or family support obligation, both parents are required to exchange “financial information” every year.  Neither the type of financial […]

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