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# Kowalski Wilson & Vang, LLC

## Sitemaps

- [XML Sitemap](https://kwvfamilylaw.com/sitemap.xml): Contains all public & indexable URLs for this website.

## Posts

- [Blog](https://kwvfamilylaw.com/blog/)
- [The Basics of Child-Related Issues in Wisconsin Divorce](https://kwvfamilylaw.com/the-basics-of-child-related-issues-in-wisconsin-divorce/) - You are getting divorced in Wisconsin – what next when it comes to your children?
- [Pre Marital Credit](https://kwvfamilylaw.com/pre-marital-credit/) - The presumption in Wisconsin is an equal division of property, at the time of divorce. This does not mean in every case an equal division of property will occur—rather, that is the starting point.
- [Handling A Parent's Divorce As An Adult](https://kwvfamilylaw.com/handling-a-parents-divorce-as-an-adult/) - Being older doesn't make it easy when your parents get a divorce. Source: https://www.wellandgood.com/dealing-with-parents-divorce-adult
- [Small Business and Your Divorce](https://kwvfamilylaw.com/small-business-and-your-divorce/) - Your divorce can have a tremendous effect on your small business. https://www.nfib.com/content/resources/legal/a-small-business-owners-guide-to-divorce
- [Tips For Choosing The Right Family Law Attorney](https://kwvfamilylaw.com/tips-for-choosing-the-right-family-law-attorney/) - Hiring the right attorney can make or break your case, make sure you do not rush this process. Follow the link below for six tips to choosing the perfect family law attorney for your situation. https://www.halt.org/top-tips-for-choosing-a-good-family-attorney/
- [Pros and Cons of Prenuptial Agreements](https://kwvfamilylaw.com/pros-and-cons-of-prenuptial-agreements/) - Are you and your fiancé contemplating a prenuptial agreement? Follow the link below for pros and cons to this choice. If you would like more information, contact our firm at 608-405-6624. We would be happy to help you. https://money.usnews.com/money/personal-finance/family-finance/articles/the-pros-and-cons-of-prenups
- [What Does the Court Consider When Making a Child Custody Decision?](https://kwvfamilylaw.com/what-does-the-court-consider-when-making-a-child-custody-decision/) - The court does not take child custody decisions lightly. Judges understand that this decision could determine a child's future. Do you want to know a few of the things a judge takes into consideration? Read the article linked here!
- [When does my obligation to pay child support end?](https://kwvfamilylaw.com/when-does-my-obligation-to-pay-child-support-end/) - The judgment will likely require either party with a child support obligation to notify the Child Support Agency and the other party of any job or income change within 10 days.
- [What happens after you or your spouse files for divorce?](https://kwvfamilylaw.com/what-happens-after-you-or-your-spouse-files-for-divorce/) - Divorce takes at least 120 days from filing, but usually longer unless both parties agree. Many steps are required between filing and finalizing the divorce.
- [Imputing Income](https://kwvfamilylaw.com/imputing-income/) - During child support and maintenance determinations, the Court will assess parties’ incomes. Not only will the Court look at the numbers, but in some cases, the circumstances surrounding one’s employment will be relevant. If historically you have made a lot of money, and intentionally decrease your income to avoid paying support, you are likely going
- [Imputing Income 2](https://kwvfamilylaw.com/imputing-income-2/) - Learn what the Court considers a valid reason for unemployment or underemployment when calculating support, and how it may impute income.
- [Imputing Income and Vocational Evaluations](https://kwvfamilylaw.com/imputing-income-and-vocational-evaluations/) - When the Court imputes income, it considers work history, health, qualifications, and market rates, often using vocational evaluations to determine earning capacity.
- [How to Maintain an Amicable Divorce?](https://kwvfamilylaw.com/how-to-maintain-an-amicable-divorce/) - The divorce process can be a contested litigation battle, but that does not need to be the case. To help you (and your ex-partner) maintain reasonable expectations for each other throughout the divorce, here are some potentially beneficial pointers for what is to come.
- [Factoring in the Factors #1: Parent’s Wishes](https://kwvfamilylaw.com/factoring-in-the-factors-1-parents-wishes/) - Learn how Wisconsin courts and Guardians ad Litem determine custody and placement based on the child's best interest under Wis. Stat. 767.41(5).
- [GAL Friend or Foe](https://kwvfamilylaw.com/gal-friend-or-foe/) - Court-appointed Guardian ad Litem advocates for the best interests of a child, ward, or incapacitated adult in legal proceedings.
- [120 Days until your divorce date](https://kwvfamilylaw.com/120-days-until-your-divorce-date/) - In Wisconsin, courts must wait 120 days after filing before finalizing a divorce—a mandatory "cooling-off period" by state law.
- [The Implications of being a “No-Fault State.”](https://kwvfamilylaw.com/the-implications-of-being-a-no-fault-state/) - Wisconsin is one of several states that does not require the claim of wrongdoing to petition the Court for a divorce. Come your final divorce hearing, the court need only establish that both you and your partner agree that the marriage is “irretrievably broken.”
- [Why Joint Appraisals, Evaluations or Occupational Examinations may benefit you?](https://kwvfamilylaw.com/joint-appraisals-evaluations-occupational-examinations-benefits/) - As lawyers, we are only licensed to advise you through your divorce in consideration of the benefits and risks of your position for divorce subject to Wisconsin law.
- [How will my pet be handled in divorce?](https://kwvfamilylaw.com/how-will-my-pet-be-handled-in-divorce/) - Whether it be the family cat, dog, farm animal or some other fur baby, in the face of a divorce, it is currently impossible to duplicate and divide one animal to have an “equal” division of property.
- [Maintenance 101](https://kwvfamilylaw.com/maintenance-101/) - Maintenance, which you may know as spousal support or alimony, is governed by Wisconsin Statute 767.56. Though maintenance awards are determined by a number of statutory factors, judges have quite a lot of discretion in determining whether to award maintenance at all, and if so, how much.
- [What is the difference between a legal separation and a divorce?](https://kwvfamilylaw.com/what-is-the-difference-between-a-legal-separation-and-a-divorce/) - There are a couple notable differences between the two, though procedurally, the process of obtaining each is almost identical. Most notably, couples who get a legal separation, rather than a divorce, are not divorced!
- [Financial Forms 101](https://kwvfamilylaw.com/financial-forms-101/) - Do you have an upcoming initial hearing in your family law case? If so, you are likely tasked with completing either a Financial Disclosure Statement or an Income and Expense Form .
- [Dealing with Unknown Finances](https://kwvfamilylaw.com/dealing-with-unknown-finances/) - In a lot of relationships, one party handles financial matters more than the other. This might mean that one spouse files the taxes, pays the bills, decides what investments to make, and so on.
- [He Is Not The Father!](https://kwvfamilylaw.com/he-is-not-the-father/) - Whether you are looking forward to or dreading the end of your marriage, here is a less expected consideration to prepare you for your visit to family court.
- [Can Wisconsin child support be waived?](https://kwvfamilylaw.com/can-wisconsin-child-support-be-waived/) - Parents cannot waive Wisconsin child support, but can make other fair arrangements. Call Attorney David Kowalski for Wisconsin child support questions.
- [Who shall not marry?](https://kwvfamilylaw.com/who-shall-not-marry/) - Were you aware of the less common marriage scenarios? While marrying young has become a less common occurrence, it has not becomeextinct.
- [I didn’t get a prenup. Now what?](https://kwvfamilylaw.com/i-didnt-get-a-prenup-now-what/) - So, you got married and you didn’t get a prenup. Perhaps now you are wishing you did, wondering what you missed out on, or just don’t know what this means for you. Well, lots of people marry without a prenup and in many circumstances, seeking out a prenup may not have been worthwhile. If you
- [Unsound Prenup](https://kwvfamilylaw.com/unsound-prenup/) - Did you know? In 2023, Marriage and divorce questions were the second most searched legal category in the U.S. (see https://upliftlegalfunding.com/2023-most-googled-legal-questions/) Surprisingly, in 2023 Wisconsin had relatively low search queries when compared to other states. While not all answers to your legal questions may be available online, our online blogs will hopefully answer some of
- [Making a Sound Prenuptial Agreement](https://kwvfamilylaw.com/making-a-sound-prenuptial-agreement/) - As mentioned in our post last week, two couples from “Love is Blind”, Season 7, contemplated getting prenuptial agreements. Though these couples did not get married, and in turn, did not sign prenups, if they had, the accelerated timeline and pressure of relationships in Love is Blind may have been reason to call the prenups
- [Love is Blind and Prenuptial Agreements (“Prenups”)](https://kwvfamilylaw.com/love-is-blind-and-prenuptial-agreements-prenups/) - Prenuptial agreements are more popular thanks to Netflix's "Love is Blind." Season 7 highlights two reasons why you might consider one for yourself
- [Legal Custody](https://kwvfamilylaw.com/legal-custody/) - Legal custody involves making important decisions for your child. Contact us at Kowalski, Wilson, and Vang LCC to discuss your case and options.
- [Domestic Violence and Custody Determinations](https://kwvfamilylaw.com/domestic-violence-and-custody-determinations/) - For initial determinations of custody in a divorce, Wisconsin law states that the court must presume that it is in the best interests of a child for the child’s parents to have joint legal custody, or decision-making power. In other words, the State believes that it is best, by default, for children to have significant
- [Removal of a Child Out of State](https://kwvfamilylaw.com/out-of-state-removal/) - Parents with shared physical placement of their children, should keep in mind the laws establishing requirements of notice. Wisconsin Statute 767.481 provides rules concerning how to give proper notice in cases in which a parent wishes to move a child either 150 miles away from the other parent or out of state. The moving parent
- [Temporary Orders](https://kwvfamilylaw.com/temporary-orders/) - Filing for divorce or legal separation can result in a lot of changes taking place within a very short time. Often, at the time of filing, the parties live together, and a decision must be made about who remains living in the marital residence. The parties to a divorce or separation may share expenses and
- [Maintenance Claims](https://kwvfamilylaw.com/maintenance-claims/) - Maintenance, sometimes known as alimony or spousal support, can be awarded by the court in proceedings related to divorce, annulment, or legal separation. Maintenance has two objectives: to support the recipient in according with the needs and earning capacities of the parties, and to ensure a fair and equitable financial agreement between them. Its purpose
- [Establishing Paternity](https://kwvfamilylaw.com/establishing-paternity/) - When the parents of a child are unmarried, it would be beneficial for the father to establish legal paternity. If paternity is not legally established, the mother has sole custody and placement of the child, and the father has no legal rights. This is the case even if both parties know who the biological father
- [Keeping Costs Low During Divorce](https://kwvfamilylaw.com/keeping-costs-low-during-divorce/) - One of the first questions people ask divorce attorneys is how much money the divorce process will ultimately cost them. It makes sense to want to know how to budget for legal fees incurred during a divorce, and it’s normal to want to be able to expect a total divorce cost, when all is said
- [Uncontested Divorce](https://kwvfamilylaw.com/uncontested-divorce/) - There are many benefits to filing jointly for divorce, but there are also some potential pitfalls to be aware of, as you move through the process. A divorce can be filed as a contested matter, with one party as the Petitioner and one as the Respondent. A divorce can also be filed as an uncontested
- [Enforcing Support Orders](https://kwvfamilylaw.com/enforcing-support-orders/) - A court order in a divorce, separation or paternity action can instruct one party to make ongoing payments to the other, in various ways. Common examples are child support payments and spousal support (maintenance payments). Unfortunately, it is common for a party entitled to receive child support or maintenance to not receive payments, as ordered.
- [Planning for Divorce](https://kwvfamilylaw.com/planning-for-divorce/) - Making the decision that your marriage is over and that divorce is your best option is difficult for everyone. Generally, people don’t think to plan for divorce as they would for any number of other major life events. Planning for divorce could make the divorce process much easier for you, cut down on how much
- [Guardianship of a Minor](https://kwvfamilylaw.com/guardianship-of-a-minor/) - A non-parent may obtain legal authority over a minor by obtaining a guardianship. A guardianship grants an individual “care and custody” of the child and typically occurs in cases in which a parent is unable to provide care for the child. A guardianship does not terminate parental rights, but simply allows for the non-parent to
- [Discovery in Wisconsin Family Actions](https://kwvfamilylaw.com/discovery-in-wisconsin-family-actions/) - 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
- [Termination of Parental Rights in Wisconsin](https://kwvfamilylaw.com/termination-of-parental-rights-in-wisconsin/) - Termination of parental rights is one of the most misunderstood aspects of family law, in Wisconsin. In reality, these actions are rare, and the law allowing for termination of parental rights is restrictive and specific, as to fact scenarios that may lead to such an action being successful. This blog entry is meant to address
- [Guardians ad Litem and Custody Studies](https://kwvfamilylaw.com/guardians-ad-litem-and-custody-studies/) - In the state of Wisconsin, when parents cannot reach an agreement on custody and placement of their child, the court will appoint a Guardian ad Litem to the case. The Guardian ad Litem, or GAL, is a family law attorney appointed to represent the best interests of the child. The role of the GAL is
- [Valuation of Assets in Wisconsin Divorce and Legal Separation](https://kwvfamilylaw.com/valuation-of-assets-in-wisconsin-divorce-and-legal-separation/) - As part of any Wisconsin divorce or legal separation process, there will be a need to divide marital property between you and your spouse. Whether you are seeking a divorce or a legal separation, there is a presumption in Wisconsin that all property acquired during the marriage should be divided equally between the parties, at
- [Social Media and Divorce](https://kwvfamilylaw.com/social-media-and-divorce/) - For those in the midst of the process, divorce or legal separation is, almost universally, a stressful and challenging time. During a divorce or legal separation, it is understandable to want to share experiences and feelings with friends and family members. You may turn to social media outlets like Facebook, Twitter and Instagram to vent
- [Wisconsin Child Support](https://kwvfamilylaw.com/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
- [Marital Property and Wisconsin Divorce](https://kwvfamilylaw.com/marital-property-and-wisconsin-divorce/) - If you are in the midst of divorce or legal separation in Wisconsin, you have probably heard the phrase, “Wisconsin is a community property state.” This means that, by default, the Wisconsin Court will divide marital property equally between divorcing or separating spouses. Everything you and your spouse own is presumed to be owned by
- [Restraining Orders in Wisconsin](https://kwvfamilylaw.com/restraining-orders-in-wisconsin/) - Making the decision to end an unhealthy relationship is always difficult. Whether you are navigating a divorce, legal separation or a break-up, transitions out of a troubled relationship are periods of high stress, high emotion and risk. If your relationship was one with a power and control disparity, if there was domestic abuse in your
- [Child Relocation in Wisconsin Part 1](https://kwvfamilylaw.com/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 2](https://kwvfamilylaw.com/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
- [Parenting Solutions for High-Conflict Parties](https://kwvfamilylaw.com/parenting-solutions-for-high-conflict-parties/) - If you are in the midst of a divorce or legal separation in Wisconsin, you already know that emotions can run high and that the process can be quite stressful, for parents and for children. After the divorce or separation is final, there is typically a cooling-off period, during which the family settles into the
- [Domestic Violence and Child Custody in Wisconsin](https://kwvfamilylaw.com/domestic-violence-and-child-custody-in-wiscosnin/) - If you have children with an abusive partner and are contemplating divorce, legal separation or a paternity action, you probably have questions about whether a parent who was abusive to the other parent will still be able and allowed to make decisions for your children. This blog will clarify the ways in which Wisconsin family
- [The Impact of Domestic Violence on Legal Custody Orders in Wisconsin: Follow-Up](https://kwvfamilylaw.com/the-impact-of-domestic-violence-on-legal-custody-orders-in-wisconsin/) - This blog entry will provide a more in-depth discussion about the ways domestic violence can impact legal custody determinations, in Wisconsin. When domestic violence is part of a relationship, making decisions together as parents can be impossible, and it stands to reason that a parent who has abused the other should not make major decisions
- [Legal Custody and Religion](https://kwvfamilylaw.com/legal-custody-and-religion/) - Wisconsin family law attorneys frequently have to make the distinction between legal custody and physical placement, as the two tend to be used interchangeably by the public. Legal custody refers to a parent’s legal ability to make decisions for his/her child regarding such important topics as religion, schooling, and medical care, among other things. Physical
- [Effects of Domestic Violence on Children](https://kwvfamilylaw.com/effects-of-domestic-violence-on-children/) - In the United States, more than 15 million children live in a home in which domestic violence has occurred.* If you are a parent and a domestic violence survivor who is considering a divorce, legal separation or paternity action, protecting a child from the effects of domestic violence in the home can be a significant
- [Servicemembers Civil Relief Act in Wisconsin Divorce-Blog Series #1](https://kwvfamilylaw.com/servicemembers-civil-relief-act-in-wisconsin-divorce-blog-series-1/) - The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act’s basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first
- [Custody of Children Born Out of Wedlock in Wisconsin](https://kwvfamilylaw.com/custody-of-children-born-out-of-wedlock-in-wisconsin/) - If a child is born out of wedlock, according to Wisconsin law, who has legal custody of the child? If the parents are not married, then the mother is granted sole custody. Even if the father’s name is on the birth certificate, a court order still must be obtained in order to establish him as
- [Tips for Guarding Your Parent-Child Relationship](https://kwvfamilylaw.com/tips-for-guarding-your-parent-child-relationship/) - No matter if you are divorced or married, tips on how to strengthen your parent child relationship can always prove helpful. A healthy relationship with your child is paramount. The strength of your parent-child relationship will determine how they develop later in life. View More Information Here
- [Business Interests in Divorce](https://kwvfamilylaw.com/business-interests-in-divorce/) - What happens in a divorce where there is a family or privately held business? Wisconsin law asserts that marital assets are subject to division in a divorce. However, exceptions exist: 1) if assets are part of an inheritance or gift 2) if a prenuptial agreement is present. Without these exceptions, the business is included in
- [Contested Divorce vs Uncontested Divorce](https://kwvfamilylaw.com/contested-divorce-vs-uncontested-divorce/) - What is the difference between a contested divorce and an uncontested divorce? In an uncontested divorce, both spouses agree on all of the terms. These terms include the division of assets, alimony, child placement, etc. In a contested divorce, there are disagreements between the spouses about some or all of the divorce terms. These disagreements
- [Child Vaccinations](https://kwvfamilylaw.com/child-vaccinations/) - What should you do if you and your co-parent disagree on whether or not your child should be vaccinated? First, you should talk to a trusted pediatrician with your co-parent. If you take all the necessary avenues and your co-parent still holds a belief you do not believe is in the child’s best interest, then
- [Successful Co-Parenting](https://kwvfamilylaw.com/successful-co-parenting/) - Divorce is not only hard on you, but it is also hard on your children. To ensure maximal wellbeing of your children post-divorce, it is important to employ a successful co-parenting strategy. Successful co-parenting will ensure your child feels secure, and gives them a healthy example to follow. View a wealth of information about co-parenting
- [Legal Custody in Wisconsin](https://kwvfamilylaw.com/legal-custody-in-wisconsin/) - How does Wisconsin law define “legal custody”? If you have legal custody of your child in Wisconsin, this means you have the authority to make major decisions on their behalf. According to Wisconsin law, major decisions include “decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator's license,
- [Online Protection Through Divorce](https://kwvfamilylaw.com/online-protection-through-divorce/) - When you are going through a divorce, it is important to ensure you are protected online. Some things to consider include: -Do you have any apps that can show your whereabouts or transactions? Accounts such as Venmo for example, should be made private. -Make sure your information is no longer accessible to them through shared
- [What counts the gross income available for child support in Wisconsin?](https://kwvfamilylaw.com/what-counts-the-gross-income-available-for-child-support-in-wisconsin/) - In order to calculate the support obligation, the court must first determine a parent’s monthly income available for support. According to Administrative Rule DCF 150, the monthly income available for support is based on the parent’s gross monthly income, from all sources including: wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses,worker's compensation or
- [When a Paternity Adjudication May Not Be in Child's Best Interest](https://kwvfamilylaw.com/when-a-paternity-adjudication-may-not-be-in-childs-best-interest/) - A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to
- [Zoom Hearing Tips](https://kwvfamilylaw.com/zoom-hearing-tips/) - On March 22, 2020, the Wisconsin Supreme Court temporarily suspended in-person proceedings. Now, a year and a half later, it has become clear that Zoom proceedings are likely here to stay in at least some sort of capacity. When you are not actually in the courtroom itself, it can be easy to forget that all
- [Is Adultery Illegal in Wisconsin?](https://kwvfamilylaw.com/is-adultery-illegal-in-wisconsin/) - Wisconsin state statute 944.16 classifies adultery as a Class I felony. However, this law is not typically utilized. It conflicts with other statements in Wisconsin law, such as the fact that Wisconsin is a no-fault divorce state. Wisconsin law additionally states, , “Although the state does not regulate the private sexual activity of consenting adults,
- [Consequences of Fleeing Child Support Obligations](https://kwvfamilylaw.com/consequences-of-fleeing-child-support-obligations/) - A Wisconsin man recently found out the hard way that you cannot outrun your child support obligations. Matthew Finley, 39, was extradited from Appleton to Putnam County, Indiana, over a failure to pay more than $30,000 in back child support. Source: https://www.bannergraphic.com/story/2876191.html
- [DEVIATION FROM WISCONSIN GUIDELINE CHILD SUPPORT](https://kwvfamilylaw.com/deviation-from-wisconsin-guideline-child-support/) - Wisconsin child support is established using a formula that accounts for each parent’s income and percentage of time s/he spends with the child. However, if the court determines that employing the guideline child support is unfair to the child or either of the parents, the law allows the court to deviate from the guidelines. To
- [Am I still on the hook of paying child support if I lose my job?](https://kwvfamilylaw.com/am-i-still-on-the-hook-of-paying-child-support-if-i-lose-my-job/) - Is child support automatically suspended if I lose my job and income? The answer is No. In Wisconsin, the child support will not be modified unless a party files a motion to modify it or two parties reach an agreement on changing the amount and request the court to make it an order to replace
- [DINKWAD Divorce](https://kwvfamilylaw.com/dinkwad-divorce/) - Have you heard the modern term “DINKWAD?” It is an acronym for double income, no kids, with a dog. DINKWADs can get divorced too, and in fact it is not uncommon.
- [Domestic Abuse and Child Placement in Wisconsin](https://kwvfamilylaw.com/domestic-abuse-and-child-placement-in-wisconsin/) - Domestic violence in a relationship can impact whether and to what extent a child spends time with the abusive parent, as part of a Wisconsin divorce, legal separation or paternity action. In Wisconsin, there are two main components of any divorce, separation or paternity order, regarding children. One of these is legal custody, which relates
- [Harassment vs Domestic Abuse Charges](https://kwvfamilylaw.com/harassment-vs-domestic-abuse-charges/) - In Wisconsin, you may file two different types of orders/injunctions: harassment, or domestic abuse. There are numerous differences between the two charges. However, the largest difference between a harassment injunction and a domestic violence injunction is the individual who is being accused. If the individual does not live in your home and they are not
- [New Year's Resolutions Do Not Have to Involve Getting to the Gym](https://kwvfamilylaw.com/new-years-resolutions-do-not-have-to-involve-getting-to-the-gym/) - Have you ever thought of creating a New Year's resolution for co-parenting? If you feel your co-parenting could use some polishing, click here for a dozen ways to step up your game in 2023.
- [Our Super Lawyers](https://kwvfamilylaw.com/our-super-lawyers/) - Family law issues can be tremendously complex and emotionally draining. Hiring a compassionate and knowledgeable attorney may be your key to a peaceful sleep at night. If you want to feel at ease knowing your case is in the best hands, hire a Super Lawyer. Who Are Super Lawyers? Super Lawyers are a stiff selection of
- [Mental Struggles of Domestic Violence Survivors](https://kwvfamilylaw.com/mental-struggles-of-domestic-violence-survivors/) - Domestic violence can leave not only physical scars but also mental ones. Sadly, survivors can struggle with anxiety, PTSD, depression, and other lasting mental issues. Click here to learn about it and how you can help the survivors of domestic violence. https://www.joyfulheartfoundation.org/learn/domestic-violence/effects-domestic-violence
- [Child Custody and Relocation](https://kwvfamilylaw.com/child-custody-and-relocation/) - Arranging child custody during a divorce is complex, and relocation only complicates it. Find out why here. https://www.verywellfamily.com/child-custody-relocation-rules-2997618
- [What Makes Someone an "Unfit" Parent?](https://kwvfamilylaw.com/what-makes-someone-an-unfit-parent/) - Often parents cannot have custody because they are considered "unfit." What does this mean? Can it be fixed? Find out the answers here. https://www.mylawquestions.com/what-is-an-unfit-parent.htm
- [How Common Is Divorce Really?](https://kwvfamilylaw.com/how-common-is-divorce-really/) - Divorce may seem very common, but it is not as common as you think. In fact, the rate is only 2.3 per 1,000 population. Of course, that number would be zero in a perfect world, but we are human. Click here to learn more statistics on divorce.
- [National Day of Encouragement](https://kwvfamilylaw.com/national-day-of-encouragement/) - Did you know that on September 12th, America celebrates a national day of encouragement? So if you or a loved one is going through a divorce or a challenging family law situation, take some time today to use words of encouragement. One day can make all the difference in the world. Read more here.
- [Madison, Wisconsin Labor Day Weekend Events](https://kwvfamilylaw.com/madison-wisconsin-labor-day-weekend-events/) - Has divorce been tough on your family this summer? Plan something fun for your family this labor day weekend to lighten the mood! Click the link below to see what is happening here in Madison over the last holiday weekend of summer 2022. So get out there and start a new tradition for your family.
- [If You Are Unhappy in Your Marriage, Ask Yourself These 5 Questions](https://kwvfamilylaw.com/if-you-are-unhappy-in-your-marriage-ask-yourself-these-5-questions/) - A tough time in your marriage does not have to result in divorce. First, ask yourself the five questions in the link below. They may cause you to change your perception of the situation. https://www.getlasting.com/unhappy-marriage
- [Divorce as a Federal Employee](https://kwvfamilylaw.com/divorce-as-a-federal-employee/) - There are unique factors to be recognized when dividing federal benefits in a divorce. These can be things such as federal retirement accounts or Thrift Savings Plans. If you are going through divorce and have a federal job, you need an attorney who is experienced with your type of divorce. Contact us today at 877-892-6183
- [The 5 Stages of Grief and Divorce](https://kwvfamilylaw.com/the-5-stages-of-grief-and-divorce/) - Grievance during divorce is very common, and sometimes necessary. It is normal to experience all 5 stages of grief before coming to terms with your divorce. Visit the website linked below to learn about these stages as well as tips to come out of this process stronger than ever before. https://www.regain.us/advice/divorce/ending-your-marriage-and-the-stages-of-grief-divorce-and-the-grieving-process/
- [How a Criminal Record Affects Child Custody and Visitation](https://kwvfamilylaw.com/how-a-criminal-record-affects-child-custody-and-visitation/) - A criminal record can have a large impact on your child custody and visitation, but it does not have to be in complete control. Visit the link below to see how a felony conviction can impact the time you spend with your children. https://talkingparents.com/parenting-resources/felony-record-affects-on-custody-and-visitation
- [How to Dress For Child Custody Court](https://kwvfamilylaw.com/how-to-dress-for-child-custody-court/) - Did you know that what you wear to court can have an affect on the outcome of your case? Don't stress through, if you follow the advice in the link below you will be dressed appropriately. https://www.verywellfamily.com/how-to-dress-for-your-child-custody-case-2997836
- [We are excited to announce that David Kowalski has obtained Lead Counsel Verification in Divorce and Family Law](https://kwvfamilylaw.com/we-are-excited-to-announce-that-david-kowalski-has-obtained-lead-counsel-verification-in-divorce-and-family-law/) - Congratulations to David Kowalski! At Kowalski, Wilson & Vang, LLC, the skills and experience of our team set us apart. Attorney David Kowalski recently achieved a well-deserved honor, achieving Lead Counsel Verification in the practice areas of divorce and family law. This achievement was built on a foundation of his profound legal experience, solid reputation,
- [Co-Parenting Resources](https://kwvfamilylaw.com/co-parenting-resources/) - Divorced parents can face many different struggles. The good news is that there are resources specifically designed for divorced parents. Follow the link for 6 of those resources. https://medium.com/esme-com-resources-and-support-for-single-moms/the-6-best-resources-for-creating-a-better-co-parenting-environment-9647ca0573be
- [Restraining Order Questions? We Have Answers.](https://kwvfamilylaw.com/restraining-order-questions-we-have-answers/) - Restraining orders can be confusing. You may ask yourself, "should I get one" or, "will I have the qualifications for one." We have answers. Click the link below to learn more about retraining orders.
- [The Different Types of Restraining Orders in Wisconsin](https://kwvfamilylaw.com/the-different-types-of-restraining-orders-in-wisconsin/) - Being worried about a person enough to even think about filing a restraining order is stressful, let alone actually getting the restraining order. Linked is an article describing the four types of restraining orders in Wisconsin, and the requirements to obtain one. https://www.wicourts.gov/services/public/selfhelp/restord.htm
- [Dividing Benefits in Military Divorce](https://kwvfamilylaw.com/dividing-benefits-in-military-divorce/) - Divorce can be very confusing and stressful, and military divorce can be even harder. There are many possible rules that can come into play when dividing up benefits in a military divorce. Follow the link to learn more about them, and call our office at (608) 640-3048 so we can help to ensure you receive
- [What Happens in a Business Divorce?](https://kwvfamilylaw.com/what-happens-in-a-business-divorce/) - A couple facing divorce can be left with the question, what is going to happen with our business? What happens to a business in the event of a divorce depends on many things, such as when the business was started, what state you are in, and many more. Our firm is here to help you
- [What is The Servicemembers Civil Relief Act?](https://kwvfamilylaw.com/what-is-the-servicemembers-civil-relief-act/) - The SCRA (Servicemembers Civil Relief Act) is a principle that can grant any service member relief from the distraction of legal issues if they interfear with the service members duties. This act only applies to civil cases, it do not apply to criminal cases. Follow the link for a video explaining the SCRA.
- [Blindsided by Divorce?](https://kwvfamilylaw.com/blindsided-by-divorce/) - Divorce often feels like it comes out of nowhere. If you are blindsided by divorce papers, it's important to get in touch with a knowledgeable family law attorney as soon as possible to make sure you don't fall behind the eight ball as your divorce case begins.
- [Tread Cautiously During Your Divorce](https://kwvfamilylaw.com/tread-cautiously-during-your-divorce/) - Are you obligated to help your soon-to-be ex if they are falling victim to a financial scam? It is best not to engage legally or financially with your spouse in the midst of divorce without first consulting your divorce lawyer. https://slate.com/business/2022/03/advice-for-divorcees-do-you-have-an-obligation-to-help-an-ex-wife-whos-been-scammed.html
- [Beyond the House and Children](https://kwvfamilylaw.com/beyond-the-house-and-children/) - High asset divorce cases involve issues that go far beyond the marital home and the children. These cases often involve stock portfolios, real estate, businesses, professional practices, luxury items, and other valuables. It is important to have an attorney with experiencing in these niche areas of property division.
- [Divorce and Your Credit Score](https://kwvfamilylaw.com/divorce-and-your-credit-score/) - Financial changes from your divorce may have an impact on your credit score. Here's how you can rebuild or protect yours. https://www.cnbc.com/select/rebuild-credit-score-after-divorce/
- [Another Use for Prenuptial Agreements](https://kwvfamilylaw.com/another-use-for-prenuptial-agreements/) - Wisconsin's community property laws mean that, upon marriage, each spouse automatically has an interest in one-half of the marital property. Wanting an arrangement that deviates from this is a good reason to draft and sign a prenuptial agreement before getting married.
- [Taxes After Divorce](https://kwvfamilylaw.com/taxes-after-divorce/) - Will divorce cause your taxes to go up or down? It depend on many factors including your income, your parenting arrangement and whether you are making alimony or child support payments. https://www.investopedia.com/taxes-after-divorce-5192868
- [Is an "Informal" Custody Arrangement a Good Option?](https://kwvfamilylaw.com/is-an-informal-custody-arrangement-a-good-option/) - When it comes to child custody, don't be like Kim and Kanye. Having an informal arrangement may seem amicable, but it lacks the protections for parents and children that a written custody and placement agreement provides. https://www.tmz.com/2022/03/03/kim-kardashian-kanye-west-child-custody-arrangement-divorce/
- [What Are the Signs of a Healthy Co-Parenting Relationship?](https://kwvfamilylaw.com/what-are-the-signs-of-a-healthy-co-parenting-relationship/) - Instead of focusing on what is not working well in your co-parenting relationship, identify what is going well and accentuate it. https://www.verywellfamily.com/signs-of-a-healthy-coparenting-relationship-2997282
- [15 Ways Your Job is Destroying Your Marriage](https://kwvfamilylaw.com/15-ways-your-job-is-destroying-your-marriage/) - Are you taking your job home with you? It could be causing harm on the home front. https://www.businessinsider.com/signs-your-job-is-ruining-your-marriage-2016-3
- [Community Property and Your Divorce](https://kwvfamilylaw.com/community-property-and-your-divorce/) - Wisconsin is a community property state. What does that mean for your divorce?
- [Checking in on Your Child Support](https://kwvfamilylaw.com/checking-in-on-your-child-support/) - You can check on our child support payments at the Wisconsin Department of Children and Families' website. If your ex is failing to provide support or your circumstances have changed, an experienced family law attorney can help you pursue enforcement or modification of your child support order. https://dcf.wisconsin.gov/cs/pay/account-info
- [Do You Need Your Own Lawyer for a Prenup?](https://kwvfamilylaw.com/do-you-need-your-own-lawyer-for-a-prenup/) - Yes. The same lawyer cannot represent both spouses. It is important to get legal advice from an attorney who is focused on protecting your interests as prenuptial agreements are negotiated, drafted and reviewed.
- [Britney Spears Was Far From Alone in Guardianship Struggle](https://kwvfamilylaw.com/britney-spears-was-far-from-alone-in-guardianship-struggle/) - Guardianship is not always the answer; it is important to consult with an attorney and consider all options for protecting a loved one. Wisconsin is one of five states that require judges to consider less restrictive alternatives to guardianships. https://www.npr.org/sections/health-shots/2022/01/09/1065301762/britney-spears-left-her-guardianship-but-others-who-want-independence-remain-stu
- [What Is a Guardian ad Litem?](https://kwvfamilylaw.com/what-is-a-guardian-ad-litem/) - The guardian ad litem's role is to represent the best interests of the children in family law cases involving issues such as custody and placement and child support. https://www.wisbar.org/forpublic/ineedinformation/pages/guardians-ad-litem.aspx
- [Family Courts Navigating Vaccine Disagreements](https://kwvfamilylaw.com/family-courts-navigating-vaccine-disagreements/) - COVID-19 vaccines are becoming another battleground for divorced parents. Some protracted disagreements have required the appointment of a guardian ad litem to make a recommend for what serves the child's best interest. https://www.wsaw.com/2022/01/03/family-courts-navigate-covid-19-vaccine-disagreements/
- [Looking Back at the Biggest Divorce of 2021](https://kwvfamilylaw.com/looking-back-at-the-biggest-divorce-of-2021/) - Because all of the Gates children are over 18, custody wasn’t part of the settlement. That just left the small matter of splitting up a ~$145 billion fortune https://www.morningbrew.com/daily/stories/2021/12/22/biggest-split-bill-and-melinda-gates-s-divorce
- [The Connection Between Unemployment and Child Support](https://kwvfamilylaw.com/the-connection-between-unemployment-and-child-support/) - Unemployment has reached a record low in Wisconsin. If your ex has been given a reprieve from or reduction in child support payments based on their employment status, it may be time to revisit their circumstances and modify your child support order accordingly. https://madison.com/wsj/business/wisconsin-unemployment-rate-ties-record-low-of-3/article_40bf9390-6a94-536d-b4c8-ad4366e41db2.html
- [When To Modify Child Support](https://kwvfamilylaw.com/when-to-modify-child-support/) - Your child support modifications may not generate headlines, but they are important to pursue if there has been a material change in circumstances or your custody arrangement has been altered. https://www.eonline.com/news/1312716/bethenny-frankel-no-longer-has-to-pay-jason-hoppy-child-support...
- [Protecting Your Business In a Divorce](https://kwvfamilylaw.com/protecting-your-business-in-a-divorce/) - Foregoing the advice of an experienced divorce lawyer could result in you being business partners with your ex. Source: https://www.inc.com/guides/2010/05/protecting-your-business-from-divorce.html
- [Tips For Surviving Solo Holidays](https://kwvfamilylaw.com/tips-for-surviving-solo-holidays/) - Are you spending the holidays without your children this year? Whether this is the first time or a predictable part of your co-parenting agreement, it can be rough. Here are some tips for surviving the holidays when you're alone. Source: https://www.fastcompany.com/90697128/6-ways-to-survive-the-holidays-when-youre-alone
- [Have a Joint Mortgage and Getting Divorced?](https://kwvfamilylaw.com/have-a-joint-mortgage-and-getting-divorced/) - A mortgage can add a layer of difficulty to resolving the financial issues at play in your divorce. Source: https://www.fool.com/the-ascent/mortgages/articles/have-a-joint-mortgage-and-getting-divorced-this-is-your-best-move/
- [Does Wisconsin Have Uncontested Divorce?](https://kwvfamilylaw.com/does-wisconsin-have-uncontested-divorce/) - Wisconsin does not officially have "uncontested divorce" but being in agreement on the major issues in your divorce can still expedite the timeline. Source: https://www.divorcenet.com/resources/uncontested-divorce-wisconsin.html
- [Standards For the Termination of Parental Rights](https://kwvfamilylaw.com/standards-for-the-termination-of-parental-rights/) - A termination of rights permanently ends all ties between a parent and child. Understandably, the standard for a termination of parental rights is very high. The most common reasons for a termination are neglect, abandonment, abuse, and “failure to assume parental responsibility.” Source: https://wilawlibrary.gov/topics/familylaw/tpr.php
- [Changing Your Name After Divorce](https://kwvfamilylaw.com/changing-your-name-after-divorce/) - This reminds us: while you may choose a more traditional name than "Ye", officially changing your name is something you may wish to do after your divorce. Whether you choose to match your children's surname, revert to your maiden surname, or choose a brand-new surname, the choice is yours. Source: https://www.wpr.org/kanye-west-now-officially-ye-0
- [What Does Community Property Mean For Your Property Division?](https://kwvfamilylaw.com/what-does-community-property-mean-for-your-property-division/) - Wisconsin is a community property state. What does that mean? All assets and debts acquired during the marriage are joint property to be divided equally in divorce. Source: https://www.investopedia.com/splitting-property-after-a-common-law-marriage-5202062
- [When Parental Rights And Domestic Assault Collide](https://kwvfamilylaw.com/when-parental-rights-and-domestic-assault-collide/) - There is a fine line between respecting the benefits of co-parenting and protecting the victims of domestic abuse. Source:
- [Sexual Assault Survivors and Permanent  Restraining Orders](https://kwvfamilylaw.com/sexual-assault-survivors-and-permanent-restraining-orders/) - Two legislative committees in Madison heard a bill this week that would allow sexual assault survivors to obtain permanent restraining orders, preventing them from being re-traumatized by having to face their abusers. Source: https://madison.com/ct/news/local/writers/jessie-opoien/wisconsin-bill-would-allow-sexual-assault-survivors-to-obtain-permanent-restraining-orders/article_8b0340bc-a715-5fa8-bb43-88dab3359f14.html
- [Failure to Pay Child Support](https://kwvfamilylaw.com/failure-to-pay-child-support/) - A Wisconsin man recently found out the hard way that you cannot outrun your child support obligations. Matthew Finley, 39, was extradited from Appleton to Putnam County, Indiana, over a failure to pay more than $30,000 in back child support. Source: https://www.bannergraphic.com/story/2876191.html
- [Wisconsin Court of Appeals denies automatic termination of child support at age of majority.](https://kwvfamilylaw.com/wisconsin-court-of-appeals-denies-automatic-termination-of-child-support-at-age-of-majority/) - In Zimmer v. Zimmer, the Court of Appeals addressed whether a motion to modify child support for a child over the age of majority can be retroactive when a parent fails to bring a timely motion to end support. The primary argument was that support obligations should automatically end when a child reaches the age
- [Does Marriage Equality mean Divorce Equality](https://kwvfamilylaw.com/does-marriage-equality-mean-divorce-equality/) - In 2009, President Barack Obama declared June LGBT pride month, six years before gay marriage was legalized in the United States. Rewinding to mid-19th century, divorce became the popular alternative to an unhappy marriage. Fear of the immorality of divorce decreased in the United States at the turn of the 20th century and divorce rates
- [Valuating Property in a High Asset Divorce](https://kwvfamilylaw.com/valuating-property-in-a-high-asset-divorce/) - In a Wisconsin divorce, property is divided according to community property laws. This means that marital property is split 50/50. In a high asset divorce, there is no exception, unless a prenuptial or postnuptial agreement is present. In a high asset divorce where many valuable assets exist, it is important to seek the aid of
- [Family support rules for military families](https://kwvfamilylaw.com/family-support-rules-for-military-families/) - The most common way to establish child or spousal support in a family case involving a servicemember is to obtain a court order. Support orders are usually made in divorce or paternity cases. Wisconsin will grant orders for child support or spousal support (known as spousal maintenance). However, even if a state court order does
- [Co-Parent Disagreements Pertaining to Vaccination of Children May Arise](https://kwvfamilylaw.com/co-parent-disagreements-pertaining-to-vaccination-of-children-may-arise/) - Clinical vaccine trials have been initiated for children 5 and under. To date, there have been approximately 144 children who have participated in this Phase 1 clinical trial. As vaccines begin to be approved for younger individuals, divorce attorneys across the country are preparing for co-parent disagreements. According to a study by the Kaiser Family
- [Child Relocation in Wisconsin](https://kwvfamilylaw.com/child-relocation-in-wisconsin-3/) - The Wisconsin Statutes outlines the procedure for “Relocating a child’s residence”. If you plan on moving more than 100 miles from your coparent with your child, it is referred to as a child relocation. In the case this occurs, Wisconsin law requires you to provide notice to your coparent. If your coparent objects to your
- [Termination of Parental Rights in Wisconsin](https://kwvfamilylaw.com/termination-of-parental-rights-in-wisconsin-2/) - When it comes to terminating parental rights in Wisconsin, the process is carried out extremely carefully by judges. This is due to the fact that in terminating parental rights, all ties between a biological parent and their child are ended. Termination of parental rights occurs if the parents pose a danger to the child, or
- [Interstate Custody Issues](https://kwvfamilylaw.com/interstate-custody-issues/) - If you face interstate custody issues, contact Kowalski, Wilson & Vang, LLC. We have noticed an increase in custody disputes between parents that reside in different states. This is most likely due to the fact that families are more mobile, and that parents are often moving for employment. The Uniform Child Custody Jurisdiction and Enforcement
- [Be Aware Of Your Social Media Practices Amid Your Divorce Case](https://kwvfamilylaw.com/be-aware-of-your-social-media-practices-amid-your-divorce-case/) - Many use social media every day as a leisurely activity. However, if you are currently initiating the divorce process, it is important to be aware that the content on your social media profiles can be used against you in divorce litigation. Here are six tips on how to avoid your social media having a negative
- [What Is a Postnuptial Agreement?](https://kwvfamilylaw.com/what-is-a-postnuptial-agreement/) - A postnuptial agreement is a marital property agreement that plans the details of the division of assets in the event the marriage is dissolved. It works similarly to a prenuptial agreement. However, a postnuptial agreement is established after the marriage occurs, instead of before. Wisconsin is a community property state. This means that marital property
- [Child guardianship for Wisconsin military parents](https://kwvfamilylaw.com/child-guardianship-for-wisconsin-military-parents/) - Earlier blogs discussed options to manage legal custody and physical placement during a servicemember’s deployment. If one parent is unavailable, legal custody and placement are left to the other parent, by default. Therefore, if a parent is deployed, the children must remain with the civilian parent unless he/she is unfit. But what is the option
- [Expert Tips for Maneuvering the Divorce Process](https://kwvfamilylaw.com/expert-tips-for-maneuvering-the-divorce-process/) - Deciding whether or not to initiate a divorce is a devastating decision. If you come to the conclusion that divorce is the correct choice for your circumstances, access to reputable advice on maneuvering the process is important. Here are 54 tips from experts pertaining to the best ways to prepare for the divorce process. For
- [New Wisconsin statute affects child placement after military deployment](https://kwvfamilylaw.com/new-wisconsin-statute-affects-child-placement-after-military-deployment/) - 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.
- [What Is a Collaborative Divorce?](https://kwvfamilylaw.com/what-is-a-collaborative-divorce/) - David Kowalski is a member of the Collaborative Family Law Council of Wisconsin. Collaborative law is designed to ensure a divorce process free of court disputes. The negotiation of terms of a divorce can often become emotionally taxing for all parties involved, including children. A collaborative divorce begins with both spouses signing a binding agreement
- [Property Division in Wisconsin Divorce](https://kwvfamilylaw.com/property-division-in-wisconsin-divorce/) - Many questions arise from property division in Wisconsin divorce. Clients often wish to retain possession of certain items of personal property, from furniture to bank accounts to pets. Sometimes, people have an idea that property should be divided in a certain way, because “he cheated on me,” or because “she was the one who wanted the
- [What Is Coercive Control?](https://kwvfamilylaw.com/what-is-coercive-control/) - The United Nation’s definition of violence against women is as follows: “any act of gender-based violence that results in, or is likely to result in, physical, sexual, or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life." Coercive control,
- [When Happens If Your Spouse Tries to Hide Assets During the Divorce Process?](https://kwvfamilylaw.com/when-happens-if-your-spouse-tries-to-hide-assets-during-the-divorce-process/) - If your spouse hides assets during the divorce process, it is illegal. When a financial disclosure statement is filled out, one must sign it under oath. Therefore, lying on the financial disclosure statement is considered perjury under Wisconsin law. The Wisconsin Statutes specifically state, “complete disclosure of assets and debts is required by law and
- [Legal custody, school choice, and Wisconsin divorce or paternity](https://kwvfamilylaw.com/legal-custody-school-choice-wisconsin-divorce-paternity/) - After a Wisconsin divorce or paternity matter, the question often arises as to where the children will attend school. In most cases, the parents share joint custody of the children. Joint custody gives each parent an equal right to make major decisions for children. One of those decisions that leads to the most conflict is
- [Wisconsin divorce-do I get half the property?](https://kwvfamilylaw.com/get-half-property-wisconsin-divorce/) - In a Wisconsin divorce, the judge begins with the presumption that each spouse receives one-half of marital assets. However, judge also considers 13 factors that can shift the final property division in favor of one spouse. Common factors are the length of the marriage, the spouses’ earning ability (accounting for time spent out of the workforce to care for children), property owned
- [Emergency relief in military custody case](https://kwvfamilylaw.com/emergency-relief-in-military-custody-case/) - 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
- [Why Is a Prenuptial Agreement Necessary?](https://kwvfamilylaw.com/why-is-a-prenuptial-agreement-necessary/) - If you are getting married, you will benefit from a prenuptial agreement. There are numerous reasons why this is the case. Getting married involves a contract. However, that specific contract does not aid in planning for what will happen if your partnership is dissolved. Here are three basic reasons why everyone needs a prenuptial agreement.
- [Wisconsin child custody statutes affecting military members](https://kwvfamilylaw.com/wisconsin-child-custody-statutes-affecting-military-members/) - 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
- [Dividing Benefits in a Federal Employee Divorce](https://kwvfamilylaw.com/dividing-benefits-in-a-federal-employee-divorce/) - When dividing federal benefits in divorce, there are two retirement accounts federal employees are eligible for. The first account is the Federal Employee Retirement System (FERS). Under FERS, employees are eligible for benefits from the Thrift Savings Plan (TSP). Read more about the Federal Employees Retirement System and how it functions here. If you are
- [Obtaining financial information in a Wisconsin military divorce](https://kwvfamilylaw.com/obtaining-financial-information-in-a-wisconsin-military-divorce/) - 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
- [Financial Disclosure in a Wisconsin Divorce](https://kwvfamilylaw.com/financial-disclosure-in-a-wisconsin-divorce/) - In a Wisconsin divorce, each spouse is required to issue a financial disclosure statement, which identifies all assets at hand. The list of assets Wisconsin couples are required to disclose include, but are not limited to, “real estate savings accounts, stocks and bonds, mortgages and notes, life insurance” and “retirement interests”. You can view more
- [Wisconsin Child Support Calculation Formulas](https://kwvfamilylaw.com/wisconsin-child-support-calculation-formulas/) - How is child support calculated in Wisconsin? When it comes to the percentage of a parent’s gross income that will contribute to child support payments, the state’s standard formula is as follows: 1 child 17%2 children 25% 3 children 29%4 children 31% 5 or more 34% There are several guidelines that may be utilized when determining child
- [Service of documents on military members stationed overseas in a Wisconsin divorce](https://kwvfamilylaw.com/service-of-documents-on-military-members-stationed-overseas-in-a-wisconsin-divorce/) - 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
- [Prenuptial Agreement vs. Postnuptial Agreement](https://kwvfamilylaw.com/prenuptial-agreement-vs-postnuptial-agreement/) - What is the difference between a prenuptial agreement and postnuptial agreement? The two are almost identical. A prenuptial agreement is made before you get married, while a postnuptial agreement is made after you get married. Both are agreements that determine how financial assets would be divided in the event of a divorce. There is no
- [Service of divorce documents on military members in Wisconsin](https://kwvfamilylaw.com/service-of-divorce-documents-on-military-members-in-wisconsin/) - 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
- [How To Protect Yourself From an Abusive Spouse Amid Divorce](https://kwvfamilylaw.com/how-to-protect-yourself-from-an-abusive-spouse-amid-divorce/) - If you are seeking divorce from an abusive spouse, it is crucial to be aware of steps you can take in order to protect yourself. Sometimes, even if your spouse has never exhibited aggressive behavior, a divorce could cause them to snap. From guarding important documents to obtaining the guidance of a family law attorney,
- [Service of documents on military member in Wisconsin](https://kwvfamilylaw.com/service-of-documents-on-military-member-in-wisconsin/) - 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
- [Grandparent Visitation Rights](https://kwvfamilylaw.com/grandparent-visitation-rights/) - What are your visitation rights as a grandparent in Wisconsin? Certain criteria must be present in order for visitation rights to be granted. Such criteria includes the determination that the grandparent would not interfere with decisions pertaining to the child’s physical, emotional, educational or spiritual wellbeing. Another factor that must be present is proof that
- [Reason for Uptick in Divorce Rates Each January](https://kwvfamilylaw.com/reason-for-uptick-in-divorce-rates-each-january/) - January is often labeled “Divorce Month.” After spouses spend an extended amount of time in close quarters during the holiday season, clashing often occurs. Another reason why January often sees an uptick in initiations of the divorce process is the fact that many aim to start fresh during the new year. Due to a combination
- [Domestic Violence Has Emerged as Shadow Pandemic Amid COVID-19](https://kwvfamilylaw.com/domestic-violence-has-emerged-as-shadow-pandemic-amid-covid-19/) - The National Domestic Violence Hotline presents startling statistics about the existence and reality of domestic violence in the United States. One such statistic is that “On average, more than 1 in 3 women and 1 in 4 men in the United States will experience rape, physical violence, and/or stalking by an intimate partner.” The prevalence
- [Locating a military member for a Wisconsin divorce](https://kwvfamilylaw.com/locating-a-military-member-for-a-wisconsin-divorce/) - 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
- [Military-specific tax issues in Wisconsin divorce](https://kwvfamilylaw.com/military-specific-tax-issues-in-wisconsin-divorce/) - 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
- [Jurisdiction and residence in a Wisconsin military divorce: Blog #3-Children](https://kwvfamilylaw.com/jurisdiction-and-residence-in-a-wisconsin-military-divorce-blog-3-children/) - 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.
- [Jurisdiction and residence in a Wisconsin military divorce: Blog #2](https://kwvfamilylaw.com/jurisdiction-and-residence-in-a-wisconsin-military-divorce-blog-2/) - Wisconsin, as most states, recognizes a distinction between "residence" and "domicile." It is important to know this distinction to ensure that Wisconsin is the correct jurisdiction to file a military divorce. "Residence" and "domicile" may be the same place, but not always. "Residence" usually means the place where a party lives at a specific time.
- [Jurisdiction and residence in a Wisconsin military divorce: Blog #1](https://kwvfamilylaw.com/jurisdiction-and-residence-in-a-wisconsin-military-divorce-blog-1/) - Given the nomadic existence of some military families, it is not always easy to choose the right state to file for divorce. If the husband entered the military in Wisconsin, the marriage occurred in Texas, the children were born in California, the husband deployed to Iraq, and the mother and children moved back to Wisconsin,
- [How do I value a business in a Wisconsin divorce?](https://kwvfamilylaw.com/how-do-i-value-a-business-in-a-wisconsin-divorce/) - What happens to a family business in a Wisconsin divorce? It is rare that both spouses play an active role in managing a family business. So, the spouse who works in or manages the business is usually awarded the business in the divorce. However, the business can be the most valuable asset owned by the spouses,
- [Wisconsin child custody rules for military servicemembers](https://kwvfamilylaw.com/wisconsin-child-custody-rules-for-military-servicemembers/) - 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
- [Decision on Wisconsin child custody and relocation](https://kwvfamilylaw.com/new-wisconsin-case-addresses-parents-relocation-divorce/) - 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
- [Servicemembers' Civil Relief Act: Blog #4](https://kwvfamilylaw.com/servicemembers-civil-relief-act-blog-4/) - This is the last installment of our blog specifically focusing on the SCRA and its effect on Wisconsin military divorces. Previous blogs in this series addressed the relief available for servicemembers and their spouses when a divorce or child custody act is pending. Following are miscellaneous sections of the Act that be relevant in a
- [New Wisconsin appeals divorce case addresses division of military retired pay.](https://kwvfamilylaw.com/new-wisconsin-appeals-divorce-case-addresses-division-of-military-retired-pay/) - I have often spoken and written about the vital importance of military spouses and their divorce lawyers ensuring that divorce judgments dividing military retired pay are properly and completely executed. The recent Wisconsin Court of Appeals case of Schwab v. Schwab 20 Ct App 40 is yet another example of the serious consequences when this
- [Servicemembers' Civil Relief Act--blog series #3](https://kwvfamilylaw.com/servicemembers-civil-relief-act-blog-series-3/) - The first two blogs in this series addressed a request for a stay in a divorce, and a potential default judgment. This blog #3 will discuss how the civilian spouse can oppose a request for stay. A stay (or pause) in the case may cause serious problems for the spouse. Lack of child or spousal
- [Servicemembers' Civil Relief Act in Wisconsin-Blog series #2](https://kwvfamilylaw.com/servicemembers-civil-relief-act-in-wisconsin-blog-series-2/) - Blog #1 in this serious addressed the background of the Servicemembers Civil Relief Act (SCRA) and the servicemember's ability to request a stay, or pause, in a divorce or family law case. Blog #2 will discuss the possibility of a default judgment against the servicemember if he/she does not participate in the case at all.
- [Servicemembers Civil Relief Act in Wisconsin Divorce-Blog Series #1](https://kwvfamilylaw.com/servicemembers-civil-relief-act-in-wisconsin-divorce-blog-series-1-2/) - The Servicemembers Civil Relief Act (SCRA) is a federal law that can have important consequences in a Wisconsin divorce case. All family lawyers handling divorce, paternity, or child-related matters should be aware of at least the Act's basic rules. I will dedicate a series of blogs on this topic to clarify the Act. The first
- ["Frozen Benefit Rule" in Wisconsin military divorce](https://kwvfamilylaw.com/frozen-benefit-rule-in-wisconsin-military-divorce/) - All states permit the division of a servicemember's military retired pay in divorce. Not all states handled the division the same way, however. Some states assume that the entire benefit is divided between the former spouses, some separate out the portion earned by the servicemember prior to marriage (often through a calculation known as a
- [Thrift Savings Plan (TSP) retirement benefits for military members in Wisconsin divorce.](https://kwvfamilylaw.com/thrift-savings-plan-tsp-retirement-benefits-for-military-members-in-wisconsin-divorce/) - Servicemembers have two retirement assets available: military retired pay (a pension) and the Thrift Savings Plan (TSP), the equivalent of a 401k. Divorcing servicemembers and their spouses must be aware of both plans to ensure a fair division. This article will address only the TSP. Unlike many private 401k plans, TSP does not limit the
- [Reviewing an LES in a Wisconsin military divorce](https://kwvfamilylaw.com/reviewing-an-les-in-a-wisconsin-military-divorce/) - A spouse divorcing a servicemember in Wisconsin can learn quite a bit from the member's Leave and Earnings Statement (LES). The LES is the military equivalent of a civilian paystub, though it includes much more useful information. The LES shows the total pay, entitlements, deductions, allotments, and other information relating to the servicemember. They are
- [Wisconsin Military Divorce-survivor benefit deadlines](https://kwvfamilylaw.com/wisconsin-military-divorce-survivor-benefit-deadlines/) - When a Wisconsin military couple divorces, the civilian spouse may receive a survivor benefit from the servicemember's military retired pay. The SBP is not automatically established however. Certain deadlines must be met or the benefit could be lost. If the servicemember is cooperate, or the court order so states, the servicemember should elect former spouse coverage by
- [Health insurance in a Wisconsin military divorce, part 3](https://kwvfamilylaw.com/health-insurance-in-a-wisconsin-military-divorce-part-3/) - In previous blogs, I discussed limited post-divorce Tricare coverage available to ex-spouses after a military divorce. Two somewhat "informal" means of continuing coverage may require the servicemembers' cooperation, but can make great sense in the right case. Legal separation: There are few differences between divorce and legal separation in Wisconsin. One important difference is that
- [Health insurance in a Wisconsin military divorce, part 2](https://kwvfamilylaw.com/health-insurance-in-a-wisconsin-military-divorce-part-2/) - Continuing a discussion of military Tricare benefits after divorce, today I address a method of continuing Tricare after active service, known as TAMP. TAMP stands for Transitional Assistance Management Program. Members separating honorably from active duty, and their family members, can continue Tricare for up to 180 days after separation. In limited circumstances, reservists can
- [Health insurance in a Wisconsin military divorce](https://kwvfamilylaw.com/health-insurance-in-a-wisconsin-military-divorce/) - A spouse divorcing a servicemember in Wisconsin must be aware of the health insurance benefits available to him/her and the children after divorce. This blog provides some basic information on military health insurance, to be followed by a series of blogs addressing continued coverage for ex-spouses and children. The military health/dental insurance program is known
- [Addressing "accrued leave" in a Wisconsin military divorce.](https://kwvfamilylaw.com/addressing-accrued-leave-in-a-wisconsin-military-divorce/) - The spouse of a servicemember should be aware of accrued leave as a potential asset at the time of divorce. Servicemembers accrue 30 days of paid leave each year. Upon honorable separation from the military, servicemembers can choose how to apply unused leave. Of course, the member can simply take the leave. However, the member
- [Military Retired Pay: Reserve vs. Active Duty](https://kwvfamilylaw.com/military-retired-pay-reserve-vs-active-duty/) - In order to properly calculate a servicemember's military retired pay in a Wisconsin divorce, you must be aware of the difference in reserve vs. active duty retirement. Military regulations require that retired pay for servicemembers retired from active duty is calculated based on months of service. Members who retire from the reserve calculate retired pay
- [Military disability pay in Wisconsin divorce](https://kwvfamilylaw.com/military-disability-pay-in-wisconsin-divorce/) - Receipt of disability benefits by a military servicemember can have a significant effect on the ex-spouse in a Wisconsin divorce. When a servicemember retires with a disability rating, his/her military retired pay may be affected. If the disability rating is greater than 50%, the member receives both the full disability pay and full military retired
- [Military income available for child support](https://kwvfamilylaw.com/military-income-available-for-child-support/) - Military servicemembers receive various forms of pay. A parent working with his/her divorce or child custody lawyer must be aware of the meaning and availability of those forms of pay. Basic pay: this is the servicemember's pay, equivalent to a salary for civilian employees. Basic allowance for housing (BAH): military housing allowance based on
- [Survivior Benefit Plan deadlines for military retired pay in Wisconsin divorce](https://kwvfamilylaw.com/survivior-benefit-plan-deadlines-for-military-retired-pay-in-wisconsin-divorce/) - A spouse of a military member at divorce must be aware of his/her rights regarding the division of military retired pay. The actual division of the pay is addressed in separate posts. However, once the spouse's portion of the retired pay is awarded, the spouse should take steps to protect it. The survivor benefit plan
- [How is military retired pay calculated in a Wisconsin divorce?](https://kwvfamilylaw.com/how-is-military-retired-pay-calculated-in-a-wisconsin-divorce/) - 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
- [What is a COAP in a Wisconsin military divorce?](https://kwvfamilylaw.com/what-is-a-coap-in-a-wisconsin-military-divorce/) - 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
- [Health insurance in Wisconsin military divorce](https://kwvfamilylaw.com/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](https://kwvfamilylaw.com/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
- [Cost of living increases in military retired pay at divorce](https://kwvfamilylaw.com/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](https://kwvfamilylaw.com/child-relocation-in-wisconsin-2/) - 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
- [Military retired pay in a Wisconsin divorce](https://kwvfamilylaw.com/military-retired-pay-in-a-wisconsin-divorce/) - The most valuable asset of a military servicemember in a divorce is often military retired pay. Servicemembers often have two retirement options: military retirement (a pension) and the federal Thrift Savings Plan (similar to a 401k). The TSP is easily divided between spouses because there is a clear account balance. The division of the
- [Jurisdiction issues in Wisconsin military divorce](https://kwvfamilylaw.com/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
- [Issues in Wisconsin Pre-Nuptial Agreements](https://kwvfamilylaw.com/issues-in-wisconsin-pre-nuptial-agreements/) - Because of rules specific to this state, Wisconsin pre-nuptial agreements must address certain important issues. Otherwise, even if the agreement is validated at divorce, it may not fully protect the assets as intended. First of all, the pre-nup agreement must clearly state that it is enforceable at divorce. Although it may seem obvious, some courts have
- [Use a Wisconsin family lawyer to draft a Wisconsin prenuptial agreement](https://kwvfamilylaw.com/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,
- [US Supreme Court decision affects Wisconsin military divorce benefits.](https://kwvfamilylaw.com/us-supreme-court-decision-affects-wisconsin-military-divorce-benefits/) - Military retired pay is often the most substantial benefit accrued by a servicemember. It is natural, therefore, that the division of military retired pay at divorce is often a source of dispute. Your lawyer must fully understand the options and limitations of this and other military benefits in order to effectively represent you. Perhaps the most
- [Wisconsin Grandparent visitation](https://kwvfamilylaw.com/wisconsin-grandparent-visitation-2/) - Wisconsin grandparent visitation is an option for grandparents who have developed close relationships with their grandchildren. Divorcing parents sometimes try to prevent grandparents from seeing or spending time with grandchildren. This can be frustrating to grandparents who want to remain an important part of their grandchildren’s lives. Wisconsin grandparents visitation is a complex issue. However, recent changes
- [Wisconsin child support modification](https://kwvfamilylaw.com/wisconsin-child-support-modification/) - A Wisconsin child support modification is possible if there has been a substantial change in circumstances since the most recent order. If you and your child’s other parent cannot agree that the child support order should be changed, the judge will rule whether a substantial change in circumstances has occurred. If the judge finds that there has
- [Wisconsin military divorce-military retired pay](https://kwvfamilylaw.com/wisconsin-military-divorce-military-retired-pay/) - Wisconsin military divorce benefits are often the single most valuable asset when a couple separates. It is extremely important to understand and properly allocate the military retired pay. Depending on the servicemember's length of service and other factors, the value of military retired pay may be well over $100,000. In order to divide this benefit, it must
- [What is a guardian ad litem in a Wisconsin divorce?](https://kwvfamilylaw.com/what-is-a-guardian-ad-litem-in-a-wisconsin-divorce/) - If you are in the midst of a court action regarding Wisconsin divorce, paternity, legal custody, physical placement and/or child support, you may already have experience working with a guardian ad litem (GAL). Many people have probably heard of guardians ad litem but aren’t sure what they do. Although their names sound similar, it is important
- [Wisconsin divorce vs. legal separation](https://kwvfamilylaw.com/wisconsin-divorce-vs-legal-separation/) - The differences between Wisconsin divorce and legal separation can be subtle and sometimes hard to figure out. Both require filing similar paperwork with the court, notice to the other party, and a 120-day waiting period. At the end of the process, you receive a court order that outlines custody and placement of minor children, support, and property division.
- [Wisconsin unmarried fathers rights](https://kwvfamilylaw.com/wisconsin-unmarried-fathers-rights/) - Wisconsin unmarried fathers rights are not automatic in every case. If the father and mother are married, the husband is presumed to be the father. However, unmarried fathers have no rights until they obtain a court paternity order. Being named on the child's birth certificate does NOT establish Wisconsin unmarried fathers rights. Even if the parents live and raise the child together,
- [Same Wisconsin divorce lawyer for both spouses?](https://kwvfamilylaw.com/same-wisconsin-divorce-lawyer-for-both-spouses/) - I am often asked by potential clients if both spouses can be represented by the same Wisconsin divorce lawyer. The answer is no. It is a conflict of interest. A Wisconsin divorce lawyer's ethical rules prohibit representing two parties in the same action who have adverse interests. My duty to you, as the client, is to zealously advocate only your
- [Wisconsin paternity update](https://kwvfamilylaw.com/wisconsin-paternity-update/) - The Court of Appeals recently decided a case addressing the ability of a biological parent to assert his Wisconsin paternity. The case is Stuart S. v. Heidi R. and can be found online at http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=133315 In this case, Heidi R. and Scott R. were married, but split up for a time. During that time, Heidi
- [Wisconsin child support for adult children](https://kwvfamilylaw.com/wisconsin-child-support-adult-children/) - Wisconsin law does not require parents to pay child support after a child graduates high school. This is true even if the child is disabled, in college, or otherwise cannot care for himself. Once a child graduates high school, he is legally on is own. The family court has no authority to require parents to
- [Lawyers Gone Wild](https://kwvfamilylaw.com/lawyers-gone-wild/) - Proving that stereotypes often have some truth to them. http://news.yahoo.com/harvard-professor-chinese-takeout-sichuan-garden-email-viral-161139427.html
- [Lawyer demographics](https://kwvfamilylaw.com/lawyer-demographics/) - Judging by the concentration of lawyers in Washington D.C., according to this report, it's no surprise that the government is dysfunctional. http://averyindex.com/lawyers_per_capita.php
- [Wisconsin domestic violence restraining order standards](https://kwvfamilylaw.com/wisconsin-domestic-violence-restraining-order-standards/) - The standard of proof to obtain a domestic violence restraining order is actually rather low. The victim must prove that there are "reasonable grounds" to believe that the accused committed domestic violence or, based on previous conduct, may engage in domestic violence. This standard is actually one of the lower legal standards available. I presume
- [Wisconsin child guardianship time limits](https://kwvfamilylaw.com/wisconsin-child-guardianship-time-limits/) - A recent Court of Appeals case provides a vivid reminder of Wisconsin child guardianship time limits. In Guardianship of Elizabeth M.H., http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=128636, the Court ruled that the judge lost the authority to rule on foster parents' guardianship petition because it was held after the 90-day time period required by law. The judge lost authority even
- [Wisconsin divorce tax laws](https://kwvfamilylaw.com/wisconsin-divorce-tax-issues/) - Wisconsin divorce tax laws can have a serious effect on a spouse's financial situation. Careful tax planning must occur before the divorce is granted. Following are some issues that I consider with all my clients: 1. Couples usually file married jointly during a marriage. However, after the separation, former spouses must file as either single
- [What is Wisconsin family mediation?](https://kwvfamilylaw.com/wisconsin-family-mediation/) - In divorce or child custody cases, family mediation is often required as a way to resolve the parents' disputes out of court. Family mediation occurs when the parents meet with an objective, trained person in an attempt to settle their dispute. The mediator can be a lawyer, social worker, or someone else trained in mediation
- [Wisconsin domestic violence questions](https://kwvfamilylaw.com/wisconsin-domestic-violence-questions/) - With the recent heavy attention given to domestic violence issues, I wanted to highlight a few common questions related to Wisconsin domestic violence cases. 1. How do I get a restraining order? There are two types of restraining orders: domestic violence and harassment. Wisconsin domestic violence is defined as physical contact, sexual assault, breaking property, or a
- [Common Wisconsin child support questions](https://kwvfamilylaw.com/common-wisconsin-child-support-questions/) - CAN I WAIVE CHILD SUPPORT? No. Wisconsin child support is paid for the benefit of the child. Parents cannot waive support on the child’s behalf. Parents' financial situations change over time, as do a child's needs. Expenses for a 6-year old are much different than for a teen. The law preventing a permanent waiver of child
- [Federal 7th Circuit Rules in Favor of Wisconsin Marriage Equality](https://kwvfamilylaw.com/federal-7th-circuit-rules-favor-wisconsin-marriage-equality/) - The US Court of Appeals for the 7th Circuit, which includes Wisconsin, ruled today that there is no basis to deny same sex couples the ability to marry. You can find the full opinion here http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2014/D09-04/C:14-2526:J:Posner:aut:T:fnOp:N:1412339:S:0 It is worth reading for Judge Posner's interesting and straightforward language (as legal opinions go). This case is also a
- [Wisconsin stepparent adoption](https://kwvfamilylaw.com/wisconsin-stepparent-adoption/) - Wisconsin stepparent adoption can be very simple process, once the biological parent's rights are terminated. As in any termination of parental rights, the case occurs in two stages. A stepparent cannot adopt if both biological parents retain their parental rights. Therefore, the first step is to terminate one parent's rights. If the biological parent agrees to terminate,
- [Wisconsin termination of parental rights](https://kwvfamilylaw.com/wisconsin-termination-parental-rights/) - Wisconsin termination of parental rights is a very serious step. If you are convinced that termination is in your child's best interest, there are several ways to accomplish it. The most common way to accomplish a Wisconsin termination of parental rights is a stepparent adoption. If both biological parents consent to terminate one parent's rights,
- [Controlling Wisconsin Attorneys Fees](https://kwvfamilylaw.com/controlling-wisconsin-attorney-fees/) - Wisconsin attorneys fees depend on the complexity of the case, the legal issues, the attorneys involved, and the personalities and needs of the parties. In previous posts, I have written about steps that you, as a client, can take to decrease your attorney fees. However, as your family law attorney, I also strive to ensure
- [Florida Judge Deals Out Justice with his Fists](https://kwvfamilylaw.com/florida-judge-deals-justice-fists/) - http://time.com/2818369/florida-judge-courtroom-fight/ This has never happened to me. Perhaps I am not aggressive enough in the courtroom.
- [Dane County restraining order for children](https://kwvfamilylaw.com/dane-county-restraining-order-for-children/) - Obtaining a Dane County restraining order for a child is rather rare. It is usually related to cases of mistreatment by a parent or relative. However, a growing portion of restraining orders for children are related to bullying. This link: https://shine.yahoo.com/parenting/brian-metzger-5-year-old-daughter-restraining-order-bully-163440739.html is a good example of how bullying can become so out of control that parents are
- [Dane County restraining order notices](https://kwvfamilylaw.com/dane-county-restraining-order-notices/) - Domestic abuse victims who have a Dane County restraining order can now receive notice from the Dane County Sheriff when the order has been served on the defendant. http://host.madison.com/wsj/news/local/notifications-now-available-for-those-who-obtained-restraining-orders/article_f7328502-7efe-5a94-a5b6-e70d59244297.html
- [Wisconsin fathers rights](https://kwvfamilylaw.com/wisconsin-fathers-rights/) - Wisconsin fathers rights is a constant topic in child custody divorce and paternity cases. The attached article is certainly food for thought. http://www.slate.com/articles/double_x/doublex/2014/05/men_s_rights_recognized_the_pro_father_evolution_of_divorce_and_paternity.html The article makes several good points, strangely enough until the last paragraph. Despite accurate information earlier in the article about the serious changes in the legal system's view of father's involvement, the
- [New Wisconsin maintenance case](https://kwvfamilylaw.com/new-wisconsin-maintenance-case/) - The Court of Appeals recently made a notable decision regarding Wisconsin maintenance in Brin v. Brin. In this case, after divorce, the husband had paid maintenance (otherwise known as alimony) for 20+ years, into his 80's. He then asked the judge to terminate the maintenance to his ex-wife. The judge reduced his payments to $0, and
- [Wisconsin family lawyers fees](https://kwvfamilylaw.com/wisconsin-family-lawyers-fees/) - Wisconsin family lawyers fees can sometimes prevent families from retaining a lawyer. That need not be the case. Kowalski, Wilson & Vang, LLC was established to provide the highest quality representation for a reasonable cost in all family law cases. I ensure reasonable cost for my clients through the following policies: A fully-electronic case file. This reduces paper copies and storage
- [Dane County divorce cost](https://kwvfamilylaw.com/dane-county-divorce-cost/) - The cost of a Dane County divorce is difficult to predict. I have settled some Dane County divorce cases in four months. I have been involved with others for over six years. The cost ultimately depends on the difficulty of the issues, the personalities involved, and the lawyers' working style. I believe that the cooperation (or lack of it) between
- [Finding Wisconsin divorce assets](https://kwvfamilylaw.com/finding-wisconsin-divorce-assets/) - Locating Wisconsin divorce assets is not usually as difficult as you may have heard. Both spouses must make a full financial disclosure. All assets, debts, income, and expense must be disclosed on the designated form. These statements often form the basis for a judge's decision on support and property division. Therefore, they must be completed carefully. It is
- [Wisconsin divorce and life insurance](https://kwvfamilylaw.com/wisconsin-divorce-life-insurance/) - The Wisconsin Court of Appeals recently clarified that, in a Wisconsin divorce judgment, life insurance beneficiary designations end once the children reach adulthood. Parents after divorce often agree to maintain life insurance for their children, partly to cover lost child support if one parent dies. In Brandt v Vazquez, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=110388, the Court ruled that because the
- [Changes in Wisconsin maintenance](https://kwvfamilylaw.com/changes-wisconsin-maintenance/) - The Wisconsin maintenance (alimony) law was recently changed. 2013 WI Act 209 states that maintenance ends upon the recipient's remarriage. The law also requires the recipient to notify the court and the payer of the remarriage. The law can be found at https://docs.legis.wisconsin.gov/2013/related/acts/209. This law seems common sense, but previously, the payee was not required
- [Wisconsin divorce expenses](https://kwvfamilylaw.com/wisconsin-divorce-expenses/) - There is no law requiring either spouse to pay certain expenses after a Wisconsin divorce is filed. Spouses cannot sell or give away property without approval. But without a court order, simply filing for divorce does not allocate payment of bills. Often, spouses agree on who will pay bills. If you cannot agree, however, you must request a temporary order from
- [Wisconsin family court appeal](https://kwvfamilylaw.com/wisconsin-family-court-appeal/) - The success of a Wisconsin family court appeal depends on the evidence submitted at the trial. An appeal is not a “do-over." There is no new testimony or evidence. The only information available to the appeals court is what was submitted at the trial. The evidence and testimony is known as the "record." Each party files a brief, based on the record. The appeals court
- [What is Wisconsin legal custody?](https://kwvfamilylaw.com/wisconsin-legal-custody/) - Parents often confuse the concepts of Wisconsin legal custody with physical placement. In Wisconsin, however, these two terms have very different meanings. “Legal custody” allows a parent to make major decisions for a child, such as heath care, school and religious decisions. An award of custody can be joint, sole, and impasse-breaking authority. In sole custody, only one parent
- [Wisconsin grandparent visitation](https://kwvfamilylaw.com/wisconsin-grandparent-visitation/) - The standard for Wisconsin grandparent visitation has recently been clarified in the case of Paternity of E.M.B. (available at http://www.wisbar.org/res/capp/2011/2009ap000488.htm). The Court of Appeals ruled that grandparents must overcome the parent’s Constitutional right to care for a child. The child's parent is presumed competent to know what is best for her child. The parent’s decision whether to allow contact between the child and
- [Most expensive divorces](https://kwvfamilylaw.com/expensive-divorces/) - Needless to say, none of these occurred in Wisconsin. Out of curiosity, it would be fascinating to know the amount of the attorneys' fees. http://www.cnbc.com/id/34316968 Perhaps this goes into the category of "It could be worse."
- [Unfitness in Wisconsin child custody case](https://kwvfamilylaw.com/unfitness-wisconsin-child-custody-case/) - A Wisconsin child custody case took an interesting turn when the father requested that the child's care be assumed by the State because neither parent could properly care for him. In Interest of Luke S. http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=108947, the Wisconsin Court of Appeals ruled that the State could not provide protective services for the child that the
- [Wisconsin guardianship of a minor](https://kwvfamilylaw.com/wisconsin-guardianship-minor/) - A Wisconsin guardianship grants legal rights to a non-parent of a child. It allows the non-parent to take certain actions, such as authorizing medical treatment, applying for social services, school enrollment, etc., and to obtain “care and custody” of the child. The guardian does not necessarily take the place of the parent, and the parent’s
- [Should I have a Wisconsin prenup?](https://kwvfamilylaw.com/wisconsin-prenup/) - Wisconsin prenup agreements allow spouses to avoid Wisconsin’s marital property rules. Each spouse in Wisconsin owns one-half of all marital property. However, what is considered “marital property” during a marriage is different at divorce. The definition for divorce is far broader, even covering property titled to only one spouse, or property owned before the marriage. If you wish to protect assets from
- [Welcome Kowalski, Wilson & Vang, LLC's New Legal Assistant](https://kwvfamilylaw.com/welcome-kowalski-family-laws-new-legal-assistant/) - I am pleased to welcome Corinne as the firm's legal assistant. Corinne is likely the first person you will speak to when calling the firm, and I could not ask for a more pleasant and skilled person to represent the firm. I look forward to a long and beneficial relationship.
- [Should I consider a Wisconsin divorce appeal?](https://kwvfamilylaw.com/should-i-consider-a-wisconsin-divorce-appeal/) - A Wisconsin divorce appeal is generally rather difficult to win. There are two main reasons for this. First, a Wisconsin divorce appeal is reviewed under the discretionary standard. This means that, for issues of property division, child support, maintenance, and child custody/placement, the judge has discretion to make a "reasonable" order based on the testimony and credibility of witnesses. Even if the appeals court
- [Tax issues in Wisconsin divorce](https://kwvfamilylaw.com/tax-issues-in-wisconsin-divorce/) - If you have completed, or are in the middle of, a Wisconsin divorce should be aware of the following tax issues: Support revisions: According to Wisconsin Statutes 767.54, as long as there is a child support or family support obligation, both parents are required to exchange “financial information” every year. Neither the type of financial
- [How can I lower my Wisconsin legal fees for family law?](https://kwvfamilylaw.com/lower-wisconsin-legal-fees-for-family-law/) - Clients seeks the help of a family attorney when they are facing difficult and emotional concerns for themselves or their children. Certain complex legal issues can no doubt become expensive. However, as a client, there are some actions you can take to minimize your legal fees for family law. 1. Request copies of documents via email, to cut
- [Do I need a Dane County family lawyer to help with my case?](https://kwvfamilylaw.com/need-dane-county-family-lawyer-help-case/) - Retaining a Dane County family lawyer is not required, but it is highly recommended. Wisconsin's family court rules are contained in statutes, administrative rules, local Dane County rules, and case law. Add to this the various unwritten rules and customs that are expected to be followed, and the process often becomes overwhelming for an unrepresented party. The
- [Is January the most common month for Sauk County divorce?](https://kwvfamilylaw.com/january-common-month-sauk-county-divorce/) - No, but divorce filings are slightly elevated in January than some other months. Much as in Dane County, Sauk County divorce filing was most common in July. Sauk County Divorce filings averaged between 18 and 26 in most months, on the high end in January. However, in July and August, the number rose by about 40%, to 34 filings per month. January
- [Is January the most common month for Dane County divorce?](https://kwvfamilylaw.com/january-common-month-dane-county-divorce/) - No, at least not in 2013. Dane County divorce was most common in April and July 2013. It is commonly believed that many spouses wait to get through the holiday season before filing, or seek a fresh start in the new year. There are many viewpoints on January's notoriety as "divorce month" as this article demonstrates http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html. In
- [What are my Wisconsin grandparent visitation rights?](https://kwvfamilylaw.com/wisconsin-grandparent-visitation-rights/) - Wisconsin grandparent visitation rights are available in some circumstances. The grandparents must show that that had, or were denied, a relationship with their grandchild. Parents have a strong right to parent their children as they wish. Therefore, the grandparents must demonstrate that maintaining the relationship with the grandchild is sufficiently important to outweigh the parents' rights.
- [Differences in Baraboo divorce case?](https://kwvfamilylaw.com/specific-issues-face-baraboo-divorce-baraboo-child-custody-matter/) - One of the main differences in a Baraboo divorce or Baraboo child custody dispute as opposed to other counties is the role of the guardian ad litem. The guardian ad litem (GAL) is a lawyer appointed to represent a child's best interest when the parents cannot agree. Some larger counties, such as Dane County, have specific court counseling services
- [Does Sauk County divorce differ from Dane County divorce?](https://kwvfamilylaw.com/sauk-county-divorce-different-dane-county-divorce/) - In general, no. Divorce laws are enacted by the state legislature, and apply to the entire state. However, each county establishes formal local court rules that can differ by county. For example, in a Sauk County divorce, judges strictly choose guardians ad litem (lawyers for children's interests) from a list kept by the county. In Dane
- [Reasonable attorney fees in Wisconsin](https://kwvfamilylaw.com/reasonable-attorney-fees-in-wi-family-law/) - For family lawyers and clients, ensuring reasonable attorney fees can be a challenge. One reason may be the issues faced by young lawyers, and frankly, lawyers in general. The Wisconsin State Bar completed a report http://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=5&Issue=24&ArticleID=11251 demonstrating some of those challenges, which include sky-high debt, lack of employment, underemployment, low pay, and lack of practical skills and training.
- [New Wisconsin case addresses requests to modify child support.](https://kwvfamilylaw.com/new-wisconsin-case-addresses-requests-modify-child-support/) - In Eisinger v. Pachacek, http://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=105211, the Wisconsin Court of Appeals ruled that a change in one parent's income is not, by itself, a "substantial change in circumstances" necessary to modify child support. The Court found that, although the mother's income had increased by $3,000 per month, neither the father's (the payer's) income nor the child's needs were
- [Preparing for Dane County divorce.](https://kwvfamilylaw.com/preparing-for-dane-county-divorce/) - According to this article, http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html, more divorces are filed in January than any other month, perhaps due to holiday stress, financial issues, or a simple desire to start fresh in the new year. In my experience, Dane County divorce is common around the new year. While the timing of a Dane County divorce filing is not usually
- [Divorce property division    Can I sell property during divorce?](https://kwvfamilylaw.com/divorce-property-division-can-i-sell-property/) - Not without your spouse's agreement. Wisconsin divorce property division law specifically prohibits selling, giving away, cashing in, or destroying assets once a divorce is filed. This rules applies to all property, including retirement accounts, real estate, stocks, investments, checking accounts, CDs, vehicles, furniture, etc. The purpose is to maintain the couple’s property as close to what it was on the date the divorce was filed.
- [Post-divorce bitterness as art?](https://kwvfamilylaw.com/post-divorce-bitterness-art/) - A Michigan man, not content with divorcing his wife and moving on, bought the house next to her and erected a huge vulgar sculpture pointed at her home. http://www.myfoxdetroit.com/story/23985382/man-buys-the-house-next-to-ex-wife-erects-giant-middle-finger-statue Perhaps the money spent on this sculpture could have been instead given to charity? Even worse, it appears that there are children involved. This is a good example?
- [Damages in Wisconsin divorce /broken engagement?](https://kwvfamilylaw.com/damages-in-wisconsin-divorce-broken-engagement/) - Although a Wisconsin divorce court could not allow it, a Georgia court recently ordered a man to pay $50,000 to his "ex-fiancée," ruling that a promise to marry is enforceable. http://gma.yahoo.com/ga-man-must-pay-50-000-breaking-engagement-003334233.html It is not clear how the court arrived this value, though an attorney speculates it represents 1/2 the value of a jointly-owned home. The Wisconsin legislature abolished
- [Military benefits in Wisconsin divorce.](https://kwvfamilylaw.com/property-division-maintenance-military-benefits-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
- [Military benefits in Wisconsin divorce](https://kwvfamilylaw.com/military-benefits-wisconsin-divorce/) - 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
- [Support Dane County domestic violence victims](https://kwvfamilylaw.com/support-dane-county-domestic-violence-victims/) - 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
- [Wisconsin rejects "context" argument in domestic violence case](https://kwvfamilylaw.com/wisconsin-rejects-context-argument-domestic-violence-case/) - 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
- [Do I need a lawyer in Dane County family law case?](https://kwvfamilylaw.com/need-a-lawyer-in-dane-county-family/) - 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
- [The intersection of divorce, child custody, McDonald's, and psychiatry.](https://kwvfamilylaw.com/intersection-divorce-child-custody-mcdonalds-psychiatry/) - 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
- ["Aggressive" vs "assertive" Wisconsin family lawyer](https://kwvfamilylaw.com/wisconsin-family-lawyer-aggressive-vs-assertive/) - 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
- [Wisconsin family lawyer for help with child guardianship](https://kwvfamilylaw.com/wisconsin-family-lawyer-for-guardianship/) - 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
- [A new factor to consider in Wisconsin child custody disputes?](https://kwvfamilylaw.com/new-factor-consider-wisconsin-child-custody-disputes/) - 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
- [Can I make my spouse pay for my Wisconsin divorce lawyer?](https://kwvfamilylaw.com/can-i-make-my-spouse-pay-my-wisconsin-divorce-lawyer/) - Yes, but it is not guaranteed in a Wisconsin divorce. Wisconsin law allows a judge to order one spouse to assist in paying the other's attorney's fees in family cases (divorce, child support, paternity, etc.). This usually happens in one of three instances: (1) when one spouse has access to greater assets or income than the other; (2)
- [Should Wisconsin child support be reduced for high income payers?](https://kwvfamilylaw.com/wisconsin-child-support-reduced-high-income-payers/) - According to Wisconsin rules, a parent earning more than $84,000 pays 20-40% reduced child support. Payers in what would probably be considered the middle class pay the full calculation. Does this make public policy sense? Is the obligation to support a child somehow different for wealthy parents? Under this system, the child of a high-earning parent is deprived of income that he/she could
- [Pets as "property" in a Wisconsin divorce?](https://kwvfamilylaw.com/pets-as-property-in-wisconsin-divorce/) - Pets are treated as property in Wisconsin divorce cases. However, research continues to demonstrate that at least some animals have more complex emotions and intelligence. A recent study found that dogs may have emotions similar to humans http://news.yahoo.com/scans-reveal-striking-similarity-between-human-canine-minds-162147298.html. As a dog owner myself, this is not really surprising. However, those feelings are increasingly supported by scientific
- [Wisconsin divorce compensation to wife for failure to have sex?](https://kwvfamilylaw.com/wisconsin-divorce-compensation-to-wife-for-failure-to-have-sex/) - I ran across this article recently, http://divorce.com/mandatory-sex/, and found the contrast between Wisconsin divorce law and French law amusing. There is no possible way this ruling could ever happen in a Wisconsin divorce. First, Wisconsin follows the "no fault" divorce rule. But perhaps most interesting to me was how one would place a value on
- [Important notice regarding Badgercare changes for 2014](https://kwvfamilylaw.com/important-notice-regarding-badgercare-changes-2014/) - Due to the new federal health care law (the Affordable Care Act, a/k/a Obamacare), Badgercare's income limits will change effective 1/1/14. If you or your children receive health insurance through Badgercare, you should already have received several letters regarding these changes. You can find this information at http://www.dhs.wisconsin.gov/em/CustomerHelp/bcpletters.htm The same is true of Wisconsin's Health Insurance Risk-Sharing
- [Forcing a parent to get a job for Wisconsin child support](https://kwvfamilylaw.com/force-a-parent-to-get-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?](https://kwvfamilylaw.com/spousal-support-limited-wisconsin-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
- [Wisconsin divorce lawyer steps to making divorce easier](https://kwvfamilylaw.com/wisconsin-divorce-lawyer-steps-to-making-divorce-easier/) - Divorce is one of the most stressful periods in your life. In my years of experience as a Wisconsin divorce lawyer, I've noticed that clients who follow the below guidelines seem to make it through the process with far less stress. 1. Hire a lawyer. The legal system can be frustrating, complicated, and confusing. An experienced Wisconsin divorce
- [Domestic Violence Awareness Month](https://kwvfamilylaw.com/domestic-violence-awareness-month-continued/) - As mentioned in a previous blog, October is Domestic Violence Awareness Month. In my practice, I work with Dane County domestic violence victims not only while their case is pending, but in some instances, for many months prior. Long-term physical, emotional, verbal, or economic abuse often leaves the victim feeling fearful and damages self-esteem. Victims are routinely
- [Must I disclose all assets in a Wisconsin divorce?](https://kwvfamilylaw.com/must-i-disclose-assets-wisconsin-divorce/) - Yes. Wisconsin law requires both spouses to disclose all assets in a Wisconsin divorce. The purpose is to give each spouse full and fair knowledge of the finances. Each spouse will complete a standard form listing checking and savings accounts, CDs, retirement, vehicles, real estate, investments, debts, etc. All assets with a value greater than $500 must
- [October is National Domestic Violence Awareness Month.](https://kwvfamilylaw.com/october-national-domestic-violence-awareness-month/) - Domestic violence unfortunately remains amazingly prevalent in our society. Estimates consistently indicate that between 25-30% of women experience domestic violence at some point in their lives. In Wisconsin alone, 48 domestic violence victims were killed in 2013. Anyone who has spent time at the Dane County Courthouse in Madison, as I have, on days when restraining orders are scheduled
- [Changing Wisconsin child support without a court order](https://kwvfamilylaw.com/changing-wisconsin-child-support-without-court-order/) - No. The court keeps the authority to review any agreement on child support made by the parents. Therefore, all agreements must be submitted to the court for approval and formal entry. If parents agree to modify child support payments without submitting a formal order, neither the court nor the county child support agency will recognize
- [Wisconsin child custody order prevents abduction](https://kwvfamilylaw.com/wisconsin-child-custody-order-prevents-abduction/) - A parent, particularly a citizen of another country, who wishes to remove a child from the United States should be monitored extremely carefully. Wisconsin child custody orders must be carefully drafted in this situation. The fact is that, if a parent leaves the US with a child and refuses to bring her back, it is extremely difficult
- [Ensure cooperation in a Wisconsin child custody case](https://kwvfamilylaw.com/ensure-cooperation-in-wisconsin-child-custody-case/) - Wisconsin child custody cases can devolve too quickly into nastiness. Although all parents would acknowledge that their children’s interests are best served when the parents get along, many fail to cooperate regularly. Some legitimate disagreements are expected. If the parents got along well in the first place, their relationship would probably still be intact. However,
- [How much will my Sauk County divorce cost?](https://kwvfamilylaw.com/how-much-will-my-sauk-county-divorce-cost/) - The cost of a Sauk County divorce depends on many factors. The value of the marital assets often has little relation to the cost of the divorce. As a Sauk County divorce lawyer, I have represented clients of very modest means who were willing to spend many thousands on the divorce. I have also worked

## Pages

- [Home](https://kwvfamilylaw.com/) - At Kowalski, Wilson & Vang, LLC, we focus exclusively on family law, protecting the interests of men, women and children in Madison, Baraboo, and all communities throughout southern Wisconsin.
- [Website Disclaimer](https://kwvfamilylaw.com/website-disclaimer/) - Legal Disclaimer The information you obtain on this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The information on this website is not a substitute for personal legal advice.While we invite you to contact us, please note that contacting us
- [Contact Us](https://kwvfamilylaw.com/contact-us/) - Contact Us for Your FREE Consultation. We Can Help,Let's Talk
- [Prenuptial & Postnuptial Agreements](https://kwvfamilylaw.com/prenuptial-postnuptial-agreements/) - Wisconsin is a community property state. Before signing any pre-nup agreements, call Kowalski, Wilson & Vang at 608-640-3048 in Madison.
- [Alimony & Maintenance](https://kwvfamilylaw.com/divorce/alimony-maintenance/) - If you're going through a divorce, make sure that your alimony is fair. Call us at 608-604-3048 in Madison or Baraboo, Wisconsin.
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- [Child Custody Interstate Disputes - Abduction](https://kwvfamilylaw.com/child-custody-placement/child-custody-interstate-disputes-abduction/) - The laws governing Wisconsin interstate disputes are complex. Call our family lawyers at 608-604-3048 in Madison for help in these matters.
- [Grandparent & Non-Parent Visits](https://kwvfamilylaw.com/child-custody-placement/grandparent-non-parent-visits/) - For child visitation issues in Wisconsin, call the attorneys of Kowalski, Wilson & Vang at 608-604-3048. Offices in Madison and Baraboo.
- [Paternity](https://kwvfamilylaw.com/child-custody-placement/paternity/) - The paternity attorneys of Kowalski, Wilson & Vang work to ensure that your parental rights are protected. Call 608-604-3048 in Madison, WI.
- [Collaborative Divorce](https://kwvfamilylaw.com/divorce/collaborative-divorce/) - Collaborative Law requires a specially-trained divorce lawyer. We can help. Call Kowalski, Wilson & Vang at 608-604-3048 in Madison, WI.
- [Federal Employee Divorce](https://kwvfamilylaw.com/divorce/federal-employee-divorce/) - Kowalski, Wilson & Vang has represented many federal employees and their spouses in divorce. Call us at 608-604-3048 in Madison WI.
- [Military Divorce](https://kwvfamilylaw.com/divorce/military-divorce/) - Protecting Your Military Benefits In Divorce Military Benefits may not be enforced if the court and military forms are not properly completed. The proper allocation of military benefits requires attention to detail. We have represented many service members and spouses in divorce. Our experience and knowledge of the various options and limits will help guide
- [Custody Lawyer Serving Madison, WI](https://kwvfamilylaw.com/child-custody-placement/) - Kowalski, Wilson & Vang, LLC has custody attorneys serving Madison, WI. We offer you your rights as a parent and an outcome of decent fairness.
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- [Restraining Orders Stop the Abuse](https://kwvfamilylaw.com/restraining-orders/) - Restraining orders can help stop domestic abuse. Call Kowalski, Wilson & Vang in Madison at 608-640-3048 for aggressive legal representation.
- [Guardianship](https://kwvfamilylaw.com/guardianship/) - The stakes for your child’s well-being are very high. Call the Madison guardianship lawyers of Kowalski, Wilson & Vang at 608-604-3048.
- [Child Support](https://kwvfamilylaw.com/child-support/) - Every child in Wisconsin is entitled to financial support from both parents. Call our skilled Madison child support attorneys at 608-604-3048.
- [Divorce](https://kwvfamilylaw.com/divorce/) - Call the experienced Wisconsin divorce attorneys of Kowalski, Wilson & Vang at 608-604-3048. Offices in Madison & Baraboo. Free consultations.
- [Business Valuation](https://kwvfamilylaw.com/divorce/business-valuation/) - A spouse’s ownership interest in a business is often the most valuable asset in a divorce. In most cases, the owning spouse retains ownership of the business. The non-owning spouse does not obtain ownership. Instead, he or she receives compensation through other assets for the business value. The central question then, is properly valuing the
- [Home Old](https://kwvfamilylaw.com/home-old/) - Custody Divorce High Net Worth/Business Divorce Guardianship Restraining Orders Termination of Parental Rights/Adoption Child Support Prenuptial & Postnuptial Agreements Family Law Guidance From Compassionate Madison Attorneys Issues such as divorce, child custody and property division have the potential to touch every aspect of your life. At Kowalski, Wilson & Vang, LLC, we focus exclusively on
- [Out of State Child Custody, Interstate Divorce, and Child Abduction](https://kwvfamilylaw.com/out-of-state-child-custody-interstate-divorce-and-child-abduction/) - We have noticed an increase in custody disputes between parents living in different states. Some of this can be attributed to the increasing mobility of families, and increasing likelihood that parents will relocate for employment. We also believe that as joint parenting becomes more common, parents become less willing to permit the other parent to
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- [Property Division](https://kwvfamilylaw.com/property-division/) - You have worked hard throughout your marriage to provide a good life for yourself and your loved ones. Now that you are getting a divorce, it is important to make sure that you retain your fair share of assets. At Kowalski, Wilson & Vang, LLC in Madison, we provide skilled representation from knowledgeable family law
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- [Stepparent Adoption](https://kwvfamilylaw.com/stepparent-adoption/) - Courtrooms are not usually a pleasant place to be in the context of family law. Stepparent adoptions represent the lone exception. Helping families come together when a stepparent adopts a child is one of the most rewarding things a family law attorney can do. The attorneys at Kowalski, Wilson & Vang, LLC routinely handle private
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## Videos

- [Video scra 2](https://kwvfamilylaw.com/aiovg_videos/video-scra-2/) - This blog continues discussion of the Servicemembers Civil Relief Act, regarding the possibility of a default judgment for the former spouse, and potential reopening of the judgment by the member.
- [Survivor Benefit Plan #2](https://kwvfamilylaw.com/aiovg_videos/survivor-benefit-plan-2/) - Attorney Kowalski continues his discussion of the Survivor Benefit Plan, addressing deadlines and required orders.
- [Video scra 1](https://kwvfamilylaw.com/aiovg_videos/video-scra-1/) - The SCRA (Servicemembers Civil Relief Act) grants important protections for servicemembers served with divorce papers. This blog discusses SCRA basics.
- [Survivor benefit plan #1](https://kwvfamilylaw.com/aiovg_videos/survivor-benefit-plan-1/) - The survivor benefit plan is an important benefit allowing an ex-military spouse to continue receipt of military retired pay after the death of the servicemember. Attorney Kowalski explains the basic concepts and importance of the plan.
- [Tricare #3](https://kwvfamilylaw.com/aiovg_videos/tricare-3/) - This blog address additional ways for former military spouses after divorce to maintain Tricare military health insurance.
- [Tricare #2 TAMP](https://kwvfamilylaw.com/aiovg_videos/tricare-2-tamp/) - TAMP (Transitional Assistance Management Program) provides continuation of Tricare health coverage for servicemembers after they leave the military. It is an important option for divorcing couples.
- [Tricare #1](https://kwvfamilylaw.com/aiovg_videos/tricare-1/) - Tricare is the military's health insurance plan. This blog explains the basics of Tricare for divorcing couples.
- [Introduction to Kowalski, Wilson & Vang, LLC military divorce blog](https://kwvfamilylaw.com/aiovg_videos/introduction-to-kowalski-family-law-military-divorce-blog/) - The initial blog by Attorney David Kowalski, a family lawyer in Madison, Wisconsin, explaining issues to address in divorce and family law cases involving a servicemember.
- [Military leave](https://kwvfamilylaw.com/aiovg_videos/military-leave/) - Servicemembers have available leave that, in some instances, may be counted as a cash asset in divorce.
- [LES Leaving and Earnings Statement](https://kwvfamilylaw.com/aiovg_videos/les-leaving-and-earnings-statement/) - The LES is the servicemembers' paystub. However, it contains much more information regarding the servicemember's pay, retirement, and benefits.
- [Thrift Savings Plan](https://kwvfamilylaw.com/aiovg_videos/thrift-savings-plan/) - The Thrift Savings Plan (TSP) is the military equivalent of a 401k. This blog discusses the TSP and related issues in divorce.
- [Cost of living increases (COLA)](https://kwvfamilylaw.com/aiovg_videos/cost-of-living-increases-cola/) - Military retired pay generally is increased each year by a cost of living percentage. Both spouses must understand how and when this benefit is applied to properly divide military retired pay.
- [Military frozen benefit rule](https://kwvfamilylaw.com/aiovg_videos/military-frozen-benefit-rule/) - The servicemember and former spouse must understand this rule affecting the division of military retired pay. This blog explains the purpose and affect of the rule.
- [Servicemember's "High-3" income](https://kwvfamilylaw.com/aiovg_videos/servicemembers-high-3-income/) - The military member's retired pay will be calculated using his/her service time and highest three years' earnings.
- [Military servicemember's income](https://kwvfamilylaw.com/aiovg_videos/military-servicemembers-income/) - Both the servicemember and former spouse should understand the various forms of income available to the member. An understanding of income is necessary to properly arrange for expense payment and calculate child support and alimony/spousal maintenance.
- [Active duty vs. reserve military retirement](https://kwvfamilylaw.com/aiovg_videos/active-duty-vs-reserve-military-retirement/) - The calculation of military retired pay is different for active duty and reserve servicemembers. This blog discusses some of the important differences.

## Our People

- [Jasmine Fields](https://kwvfamilylaw.com/our-people/jasmine-fields/) - Jasmine is originally from Appleton, Wisconsin. She attended the University of Wisconsin-La Crosse where she received her undergraduate degree in Political Science and a minor in Biology. Before attending law school, she worked as a summer camp counselor and a substitute teacher which helped build her skills working through emotionally charged situations with empathy and professionalism. During law school, she partook in mock trial—making it to nationals her first year—and served as a Note and Comment Editor of the Wisconsin Journal of Gender, Law & Society.
- [Julie Richgels](https://kwvfamilylaw.com/our-people/julie-richgels/) - Julie grew up in Southwest Wisconsin and earned her Bachelor of Arts degree in Journalism from the University of Wisconsin-Madison. After working for several years as a freelance writer for multiple publications in the Madison area, she pursued a career in the travel and tourism industry in Dallas TX and Kansas City before returning to Wisconsin to raise her family. She obtained her Paralegal Post Baccalaureate diploma from Madison College and has worked as a Family Law Paralegal for over 13 years. She enjoys the opportunity to work closely with clients to provide guidance and support through difficult and challenging life transitions. Outside of work she enjoys hiking, gardening, biking, live music, travel, spending time with family and friends and is an avid reader.
- [Emily Wilson](https://kwvfamilylaw.com/our-people/emily-wilson/) - Emily is originally from Green Bay. She spent her childhood roaming the woods of Northeast Wisconsin and reading everything she could get her hands on.
- [Niall Martin](https://kwvfamilylaw.com/our-people/niall-martin/) - Niall is a Madison native who attended American University in Washington, D.C., where he studied Political Science and minored in Cinema Studies, before returning home to Wisconsin. After college, he spent several years at Epic Systems as a software tester before deciding to pursue a career in law. He earned his law degree from the University of Wisconsin Law School, where his work in the Family Court Clinic sparked a genuine interest in family law. While in law school, he also served as Senior Managing Editor of the Wisconsin Law Review and had a Comment published in the Review.
- [Kathleen Hessel](https://kwvfamilylaw.com/our-people/kathleen-hessel/) - Kathleen is originally from a northern suburb of Milwaukee and a life-long Wisconsin resident. She is a double-Badger, having attended UW-Madison for both undergraduate and law school. He undergraduate degrees are in English- Literature and Philosophy.
- [Annabelle Vang](https://kwvfamilylaw.com/our-people/annabelle-vang/) - Annabelle is originally from central Illinois. She attended Marquette University Law School in Milwaukee and worked in disability law before settling into family law. Annabelle is a partner at Kowalski, Wilson, & Vang. She practices family law specializing in divorce, child custody/placement, support issues, and guardianships. She also takes Guardian ad Litem appointments in Dane and Sauk County.
- [David Kowalski](https://kwvfamilylaw.com/our-people/david-kowalski/) - David Kowalski is originally from New Jersey, and graduated from Rutgers University, with honors, with a B.A. in politics.
- [Mellysa Newell](https://kwvfamilylaw.com/our-people/mellysa/) - Mellysa is a West Coast transplant and has lived in the Madison area since 2015. She is currently a paralegal student at Madison College and enjoying the unique opportunity to preview her chosen field…

## Testimonials

- [](https://kwvfamilylaw.com/testimonial/2667/) - Kowalski Family law is clearly the best family law firm in southern wisconsin. My case was a mess and had beeen mishandled by a previous lawyer. My ex had taken me to mediation and was trying to obtain a schedule that would reduce my time with my girls not for any other reason than that
- [](https://kwvfamilylaw.com/testimonial/2676/) - I would highly recommend Emily to anyone going through a divorce, whether they have kids or not (I do). She is very savvy in both matters of family as well as finance, and does a great job keeping things civil and professional while still feeling like a personal friend through the process. Divorce isn't easy,
- [](https://kwvfamilylaw.com/testimonial/2675/) - I had everything stacked against me when I tried to move out of state with my son: a past of drug use, an ex who had our son 3 nights every week and was heavily involved, and a recommendation from the court study and GAL that had started out being that I should have supervised
- [](https://kwvfamilylaw.com/testimonial/2673/) - Emily gave me my life back. She exceeded my expectation. I was awarded all that I asked for. She, or her staff, was always there to answer my concerns. In the court room she was confident and so prepare
- [](https://kwvfamilylaw.com/testimonial/2672/) - David helped us with the current Guardianship we have of our disabled grandson since birth and his birth mother now wants to have custodity back and revoke the guardianship in place. We are his grandparents and have had this child all his life. He was able to help us win the case and the revoke
- [](https://kwvfamilylaw.com/testimonial/2671/) - Attorney Kowalski handled my divorce this past year. He was very professional, honest and easy to work with. We were able to come to a mutually agreed upon marital settlement agreement that was fair to me, and most importantly in the best interest of my children.I had all questions answered immediately and was always kept
- [](https://kwvfamilylaw.com/testimonial/2670/) - I recently hired David Kowalski for my divorce lawyer because he was highly recommended to me by several lawyers. I will now pay it forward and highly recommend him to others. I was extremely pleased with his caring expertise at all times. He clearly has great knowledge of the legal system and was able to
- [](https://kwvfamilylaw.com/testimonial/2669/) - I would definitely recommend Annabelle for anyone going through the divorce process. She is easy to work with, always responded quickly with answers to any questions. She made a tough process to go through easier by explaining the law in easy to understand terms and providing guidance that is realistic and fair.
- [](https://kwvfamilylaw.com/testimonial/2668/) - I was extremely satisfied with my experience with David and his associates. I had a complicated divorce involving custody and an ex that owned his own business. We were met with several surprises and an opposing counsel that was difficult to deal with at times. I always felt that David gave me sound advice and
- [](https://kwvfamilylaw.com/testimonial/2659/) - Attorney Emily Wilson was extremely knowledgeable and generous with her time during our consultation. I was impressed by her patience and diplomacy; her depth knowledge in many facets of the case I presented her with and her frank but kind responses. Thoroughly impressed.
- [](https://kwvfamilylaw.com/testimonial/2666/) - David has been a wonderful lawyer to work with during my divorce. Aside from the more obvious positive qualities of being knowledgeable and trustworthy, David provided so much more during the process. He was responsive to any emails and phone calls, returning them in reasonable amounts of time. The best quality David possesses is his
- [](https://kwvfamilylaw.com/testimonial/2665/) - I couldn’t recommend Emily and her team more highly. She handled my complex LGBT divorce with intelligence, empathy, and steadiness. Her efficient process and fast responding helped move along a slow process, and her experienced advice helped me make better plans and stay calm. She protected me from settlements and situations that weren’t in my
- [](https://kwvfamilylaw.com/testimonial/2664/) - I had been working with a lawyer from a different firm throughout most of my two year divorce case who wasn’t very experienced or responsive to my calls and emails. When I ran into some major setbacks trying to sell my marital home, my lawyer just wasn’t getting things done. I called David out of
- [](https://kwvfamilylaw.com/testimonial/2663/) - Annabelle was amazing! My divorce was final today and I am excited, she got me everything that I deserve. Annabelle worked extremely hard for me. Anytime I had a question her or her team answered right away. I recommend her to anyone who wants to win.
- [](https://kwvfamilylaw.com/testimonial/2662/) - I had a difficult case involving international law and child custody. Attorney David Kowalski really did his homework! He worked through all the intricate details between Wisconsin and European divorce and custody laws to grant me my rights. When things got stressful and over whelming for me, he kept cool and talked me through all
- [](https://kwvfamilylaw.com/testimonial/2661/) - Attorney Annabelle Vang represented me in a difficult child support case recently. I couldn’t be more thankful for having her in my corner. She was very knowledgeable and responsive in representing my case. The on-line access was very helpful in staying in touch with all of the developments in my case and for reviewing documents.
- [](https://kwvfamilylaw.com/testimonial/2660/) - My husband and I were looking for a good attorney to hire for guardianship of an abused minor. This was not an easy case. David Kowalski was beyond helpful. He brought us in for a consultation and answered all of our questions. Trust me there were many! He walked us through the whole process so

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