If you are involved in a Wisconsin divorce, paternity action, or a dispute about legal custody, physical placement and support of a minor child, you have probably heard about the discovery process. A party to a Wisconsin family action, such as a divorce, may choose to undertake formal discovery, to find out more information about […]
Military benefits in Wisconsin divorce.
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 […]
Forcing a parent to get a job for Wisconsin child support
A judge cannot force a parent to work, but can force a parent to look for work in order to pay Wisconsin child support. Usually, this is done by requiring the unemployed parent to submit a certain number of job applications each month, and document those applications to the judge. If the parent refuses to do […]
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 […]