When a servicemember is divorced, his/her military retired pay is often divided with the ex-spouse. Whether you are the servicemember or the spouse, it is vital to ensure that the calculation is done properly. A Court Order Acceptable for Processing (COAP) is a document required by the military to specify the exact terms […]
A COAP is shorthand for Court Order Acceptable for Processing. This document is an order, separate from a Wisconsin divorce judgment, that the military requires to divide military retired pay between ex-spouses. When a military member is divorced, the court grants a judgment. The spouses’ property will be allocated in that judgment. Since a servicemember’s […]
Military servicemembers should be aware of a few rules related to child custody issues in Wisconsin. First, the Uniformed Soldier’s and Sailor’s Civil Relief Act provides some protections for active duty servicemembers facing a divorce filing in Wisconsin. The Act permits an active duty servicemember to delay a divorce, child custody, or support matter during […]
After divorce, many spouses of military servicemembers worry that he/she will lose health insurance (known as Tricare). Whether a spouse can keep health insurance after the divorce depends on several factors. Tricare ends on the date of divorce, except as follows: Option 1: The “20-20-20” Rule If the former spouse servicemember: 1. has 20 […]
A knowledgeable Wisconsin divorce lawyer can use military allotments to resolve difficult payment issues for divorcing spouses. An allotment is a specific amount of money that a servicemember can direct the military to pay to a creditor directly from his/her paycheck. Allotments can be either voluntary or involuntary. The military has very strict regulations regarding […]
Once an initial hearing has been held, regarding a parent’s motion to relocate the child, the parties will be referred to mediation and have a Guardian ad Litem appointed to represent the child’s best interests. At any time between the initial hearing and the final hearing, the relocating parent can request a temporary order to […]
The value of a military pension at the time of divorce does not necessarily establish the fixed amount of future military retired pay. Military servicemembers often receive annual cost of living increases (commonly called COLAs) on their retired pay. The reason for these increases is to ensure that the benefit amount keeps up with inflation. […]
A parent involved in a case regarding relocation of a child more than 100 miles away from the other parent should consult Wisconsin Statute 767.481. Recent changes to the statute affect cases commenced after April 5, 2018. If the court grants any periods of physical placement with a child to both parents and one parents […]
A parent involved in a case regarding relocation of a child more than 100 miles away from the other parent should consult Wisconsin Statute 767.481. Recent changes to the statute affect cases commenced after April 5, 2018. If the court grants any periods of physical placement with a child to both parents and one parents […]
Because military service members often relocate several times during their service, it can be difficult to choose the correct state to file a divorce. In Wisconsin, for example, a spouse must live in Wisconsin for six months, and in the county of filing for at 30 days, or Wisconsin does not have the authority to […]
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