Deployment is a fact of life for servicemembers. The member has little control over the timing or location, and in most cases, the spouse and children remain in the US. Until now, parents had few options to shape their child placement schedule in the event of deployment. However, a new Wisconsin statute provides greater flexibility. […]

As discussed in an earlier blog, the Servicemembers Civil Relief Act (SCRA) grants servicemembers a “stay” or freeze of a divorce or child custody case until s/he can legitimately participate. Upon the servicemember’s request, the case must be suspended for 90 days. However, what happens if a real emergency makes a suspension unrealistic? Earlier blogs […]

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 […]

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 […]

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 […]

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 […]

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 […]

Each divorce case must begin with filing and service of the divorce petition on a spouse. This is generally not a problem, since most spouses know where to find each other. However, civilian spouses of servicemembers may not know the member’s exact location, particularly if the couple has been separated for some time. The civilian […]

Certain aspects of a servicemember’s pay may be taxable or tax-exempt. These distinctions must be considered when accurately establishing the servicemember’s net income for support purposes. Tax-exempt income includes the following: earnings received while the servicemember is in a combat zone. This exemption is on a month-to-month basis. If the member is in a combat […]

In addition to satisfying residency requirements for the spouses in a military divorce, the Wisconsin divorce court must also have jurisdiction over the children. Wisconsin is one of 49 states that adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law establishes the proper state to handle issues of child custody and placement. […]