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 […]
Health insurance in Wisconsin military divorce
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 […]
Allotments in Wisconsin military divorce
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 […]
Child Relocation in Wisconsin Part 2
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 […]
Cost of living increases in military retired pay at divorce
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. […]
Child Relocation in Wisconsin
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 […]
Child Relocation in Wisconsin Part 1
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 […]
Jurisdiction issues in Wisconsin military divorce
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 […]
Wisconsin Child Support
One of the most contested issues in any paternity case, separation, or divorce is child support. In order to determine what support payments should be made, if any, the court must first determine physical placement of the child. Placement refers to where the child will be residing. If a parent has less than 25% of […]
Use a Wisconsin family lawyer to draft a Wisconsin prenuptial agreement
I have noticed an increase in clients requesting assistance with interpreting and upholding Wisconsin prenuptial agreements. Often, a client is facing a challenge from the other spouse who is trying to throw out the agreement. In every case that I have reviewed, the main reason for the challenge is a poorly-written agreement. In some cases, […]