Author Archives: David Kowalski

“Aggressive” vs “assertive” Wisconsin family lawyer

As a Wisconsin family lawyer, practicing widely in Dane County, Sauk County, and Columbia County, I view my role as solving the client’s problems.  Can those goals be accomplished by assertive vs. aggressive lawyering, and is there a difference?    I recently commented on a linkedin.com listserv http://www.linkedin.com/profile/view?id=138155946&trk=nav_responsive_tab_profile with the title of “Aggressive Lawyering is Counterproductive.”  I agreed […]

Posted inGuardianship

Wisconsin family lawyer for help with child guardianship

A  guardianship grants non-parents certain rights to care for a child.   These usually include the right to make healthcare, travel, education, and financial decisions, as well as maintaining “care, custody, and control” of the minor.  As a Wisconsin family lawyer, I assist clients obtain minor guardianships.  I also help parents defend against them when they are […]

Posted inChild custody

A new factor to consider in Wisconsin child custody disputes?

Could Wisconsin child custody disputes soon involve investigation into a child’s Halloween candy bag?  According to the National Confectioner’s Association, 81% of parents eat some of their children’s Halloween candy.   26% are sneaky enough to wait until their children go to sleep  before creeping stealthily to the candy bag and taking those yummy KitKats.   http://www.candyusa.com/Resources/PRdetail.cfm?ItemNumber=5148&RDtoken=5700&userID=3542.     How long […]

Posted inLegal fees

Can I make my spouse pay for my Wisconsin divorce lawyer?

Yes,  but it is not guaranteed in a Wisconsin divorce.   Wisconsin law allows a judge to order one spouse to assist in paying the other’s attorney’s fees in family cases (divorce, child support, paternity, etc.).   This usually happens in one of three instances:  (1) when one spouse has access to greater assets or income than the other; (2) […]

Posted inChild Support

Should Wisconsin child support be reduced for high income payers?

According to Wisconsin rules, a parent earning more than $84,000 pays 20-40% reduced child support.   Payers in what would probably be considered the middle class pay the full calculation.  Does this make public policy sense?  Is the obligation to support a child somehow different for wealthy parents?    Under this system, the child of a high-earning parent is deprived of income that he/she could […]

Pets as “property” in a Wisconsin divorce?

Pets are treated as property in Wisconsin divorce cases.  However, research continues to demonstrate that at least some animals have more complex emotions and intelligence.  A recent study found that dogs may have emotions similar to humans http://news.yahoo.com/scans-reveal-striking-similarity-between-human-canine-minds-162147298.html.   As a dog owner myself, this is not really surprising.  However, those feelings are increasingly supported by scientific […]

Wisconsin divorce compensation to wife for failure to have sex?

I ran across this article recently, http://divorce.com/mandatory-sex/, and found the contrast between Wisconsin divorce law and French law amusing.  There is no possible way this ruling could ever happen in a Wisconsin divorce.  First, Wisconsin follows the “no fault” divorce rule.  But perhaps most interesting to me was how one would place a value on […]

Posted inUncategorized

Important notice regarding Badgercare changes for 2014

Due to the new federal health care law (the Affordable Care Act, a/k/a Obamacare), Badgercare’s income limits will change effective 1/1/14.   If you or your children receive health insurance through Badgercare, you should already have received several letters regarding these changes. You can find this information at http://www.dhs.wisconsin.gov/em/CustomerHelp/bcpletters.htm    The same is true of Wisconsin’s Health Insurance Risk-Sharing […]

Should Wisconsin maintenance be limited in divorce?

Wisconsin maintenance law does not set specific limits on the amount or duration of spousal support (maintenance) after divorce.   The court instead applies numerous factors to a request for maintenance before making a discretionary decision. Other states set specific limits on spousal support.  Texas, for example, limits support to 5 years in marriages of 10-20 […]

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