Author Archives: David Kowalski

Posted inFirm News

Is Adultery Illegal in Wisconsin?

Wisconsin state statute 944.16 classifies adultery as a Class I felony. However, this law is not typically utilized. It conflicts with other statements in Wisconsin law, such as the fact that Wisconsin is a no-fault divorce state. Wisconsin law additionally states, , “Although the state does not regulate the private sexual activity of consenting adults, […]

Posted inUncategorized

Zoom Hearing Tips

On March 22, 2020, the Wisconsin Supreme Court temporarily suspended in-person proceedings. Now, a year and a half later, it has become clear that Zoom proceedings are likely here to stay in at least some sort of capacity. When you are not actually in the courtroom itself, it can be easy to forget that all […]

Posted inPaternity

When a Paternity Adjudication May Not Be in Child’s Best Interest

A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to […]

Posted inChild Support

What counts the gross income available for child support in Wisconsin?

In order to calculate the support obligation, the court must first determine a parent’s monthly income available for support. According to Administrative Rule DCF 150, the monthly income available for support is based on the parent’s gross monthly income, from all sources including: wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses, worker’s compensation […]

Legal Custody in Wisconsin

How does Wisconsin law define “legal custody”? If you have legal custody of your child in Wisconsin, this means you have the authority to make major decisions on their behalf. According to Wisconsin law, major decisions include “decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, […]

Posted inTestimonial

Business Interests in Divorce

What happens in a divorce where there is a family or privately held business? Wisconsin law asserts that marital assets are subject to division in a divorce. However, exceptions exist: 1) if assets are part of an inheritance or gift 2) if a prenuptial agreement is present. Without these exceptions, the business is included in […]

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