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Tag Archives: wisconsin

Posted inDivorce, Maintenance, Property division, Spousal support

Military benefits in Wisconsin divorce.

   Posted byDavid Kowalski

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 […]

Posted inDomestic violence

Wisconsin rejects “context” argument in domestic violence case

   Posted byDavid Kowalski

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 […]

Posted inChild custody, Divorce

The intersection of divorce, child custody, McDonald’s, and psychiatry.

   Posted byDavid Kowalski

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 […]

Posted inChild custody

A new factor to consider in Wisconsin child custody disputes?

   Posted byDavid Kowalski

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 […]

Posted inChild Support

Should Wisconsin child support be reduced for high income payers?

   Posted byDavid Kowalski

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 […]

Posted inDivorce, Property division

Wisconsin divorce compensation to wife for failure to have sex?

   Posted byDavid Kowalski

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 […]

Posted inDivorce, Maintenance, Spousal support

Should Wisconsin maintenance be limited in divorce?

   Posted byDavid Kowalski

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 […]

Posted inChild custody

Wisconsin child custody order prevents abduction

   Posted byDavid Kowalski

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 […]

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