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Posted inDivorce, Maintenance, Property division, Spousal support

Military benefits in Wisconsin divorce.

   Posted byDavid Kowalski

Continuing a discussion of the Wisconsin Court of Appeals’ decision in Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, I want to focus on the treatment of military retired pay in a Wisconsin divorce.    Federal rules govern the division of military retirement benefits upon divorce. Therefore, Wisconsin divorce cases involving military members must account for relevant federal laws.  The division of military benefits depends upon the length […]

Posted inDivorce, Property division

Military benefits in Wisconsin divorce

   Posted byDavid Kowalski

The Wisconsin Court of Appeals today decided Peterson v. Bauer, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=104582, a Wisconsin divorce case addressing a husband’s request to terminate military disability payments to his ex-spouse.   Although the case will not be published, the ruling touches on several interesting issues that I will discuss in this and other posts. First, this case shows the pitfalls of […]

Posted inDomestic violence

Support Dane County domestic violence victims

   Posted byDavid Kowalski

Dane County Domestic Abuse Intervention Services (DAIS) is an organization devoted to supporting and assisting Dane County domestic violence victims.  DAIS is well-known in Madison and throughout Dane County.  However, the need for services for domestic violence victims unfortunately remains great.   I often work with DAIS by representing clients in divorce, restraining orders, and other family […]

Posted inDomestic violence

Wisconsin rejects “context” argument in domestic violence case

   Posted byDavid Kowalski

The Wisconsin Court of Appeals’ recent decision in Wendorf v. Wendorf 12AP269 http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103966 , though not formally published, is notable for the Court’s refusal to accept the wife’s alleged extramarital affair as a “context” for domestic violence.  It appears that the husband became upset after finding a contraceptive, and assaulted the wife.  In essence, his argument […]

Posted inChild custody, Child Support, Divorce, Paternity

Do I need a lawyer in Dane County family law case?

   Posted byDavid Kowalski

I attended a Dane County Family Law Group (DCFLAG) meeting today, at which local family judges estimated that 80% of the parties in Dane County family law cases (divorce, paternity, child support and custody,  etc.)  are not represented by lawyers.   I imagine the same is true in Sauk County, Columbia Count, and other surrounding counties.  The judges lamented that not only […]

Posted inChild custody, Divorce

Decision on Wisconsin child custody and relocation

   Posted byDavid Kowalski

In Marriage of Derleth and Corova http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=103806, the Wisconsin Court of Appeals recently addressed a Wisconsin child custody dispute over a child’s relocation.  The Court decided that  a parent’s ability to move up to 150 miles away within the state cannot  be restricted, even if the court believes that the move is not in the child’s […]

Posted inChild custody, Divorce

The intersection of divorce, child custody, McDonald’s, and psychiatry.

   Posted byDavid Kowalski

A father’s parental fitness has been called into question by a psychiatrist because he refused to take his child to McDonalds.  http://shine.yahoo.com/parenting/how-saying-no-to-mcdonald-s-might-lead-to-dad-losing-custody-165611460.html   Though this case occurred in New York, it could easily have happened in Wisconsin. I have to  believe there is something else going on here.  It’s hard to imagine that a competent psychiatrist […]

Posted inWisconsin family lawyer

“Aggressive” vs “assertive” Wisconsin family lawyer

   Posted byDavid Kowalski

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

   Posted byDavid Kowalski

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?

   Posted byDavid Kowalski

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 […]

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