Military members and their spouses should be aware of the following Wisconsin statutes and cases that could have an affect on child custody and placement disputes: Wisconsin Statutes 767.41(2)(e) and (5)(c): ” If a party is a service member, the court may not consider as a factor in determining the legal custody of a child […]
Dividing Benefits in a Federal Employee Divorce
When dividing federal benefits in divorce, there are two retirement accounts federal employees are eligible for. The first account is the Federal Employee Retirement System (FERS). Under FERS, employees are eligible for benefits from the Thrift Savings Plan (TSP). Read more about the Federal Employees Retirement System and how it functions here. If you are […]
Obtaining financial information in a Wisconsin military divorce
All divorce cases require an analysis of each spouse’s assets, debts, and income. Divorce involving a military servicemember is no different. Basic documents such as the leave and earnings statement (LES), disability determination, points statement, etc. should be obtained in every case. There are several ways to obtain this information, with the last resort being […]
Financial Disclosure in a Wisconsin Divorce
In a Wisconsin divorce, each spouse is required to issue a financial disclosure statement, which identifies all assets at hand. The list of assets Wisconsin couples are required to disclose include, but are not limited to, “real estate savings accounts, stocks and bonds, mortgages and notes, life insurance” and “retirement interests”. You can view more […]
Wisconsin Child Support Calculation Formulas
How is child support calculated in Wisconsin? When it comes to the percentage of a parent’s gross income that will contribute to child support payments, the state’s standard formula is as follows: 1 child 17% 2 children 25% 3 children 29% 4 children 31% 5 or more 34% There are several guidelines that may be […]
Service of documents on military members stationed overseas in a Wisconsin divorce
Serving a military member stationed overseas with Wisconsin divorce or other family court papers must be handled carefully. Service must comply with United States federal and state court procedures. It is also wise to review service requirements or restrictions of the foreign country. For example, unlike the United States, some countries may restrict who can […]
Prenuptial Agreement vs. Postnuptial Agreement
What is the difference between a prenuptial agreement and postnuptial agreement? The two are almost identical. A prenuptial agreement is made before you get married, while a postnuptial agreement is made after you get married. Both are agreements that determine how financial assets would be divided in the event of a divorce. There is no […]
Service of divorce documents on military members in Wisconsin
The last blog discussed general concepts to serve divorce or paternity documents on Wisconsin servicemembers. This blog will address specifics for each branch of the military. ARMY The Army will assist county sheriffs to serve members with legal papers, as long as the member is stationed, resides, or employed at the base. The first point […]
How To Protect Yourself From an Abusive Spouse Amid Divorce
If you are seeking divorce from an abusive spouse, it is crucial to be aware of steps you can take in order to protect yourself. Sometimes, even if your spouse has never exhibited aggressive behavior, a divorce could cause them to snap. From guarding important documents to obtaining the guidance of a family law attorney, […]
Service of documents on military member in Wisconsin
No legal case can validly proceed unless the responding party has been properly served with the relevant documents. In a paternity case, this would be the petition for paternity. In divorce, the petition for divorce. A previously blog provided some advice on locating servicemembers to serve papers. Once the member’s location is known, however, s/he […]