No matter the area of practice, lawyers should be aware of the legal issues relevant to individuals whose families do not conform precisely to the structures for which many statutes and judicial decisions have been tailored. A vital guide is Advising the Evolving Family, recently released from State Bar of Wisconsin PINNACLE®.
2003 Wis. Act 130 created a rebuttable presumption that when one party engaged in domestic abuse, joint or sole custody to the abusive parent is contrary to the child's best interest. Rather, the safety and well-being of the abused parent and child become paramount concerns when determining custody and placement. Research shows that this has not countered the trend toward joint legal custody and more equalized physical placement.
When you represent noncitizen clients, immigration issues may overlap with family law issues. Cassel Villarreal details one particular issue – the I-864 Affidavit for Support, where a citizen sponsor agrees to financially support their immigrating spouse – and how it comes to play in divorce.
Obtaining a credit card or consumer loan as a married individual in Wisconsin actually requires compliance with multiple and complex areas of law. MaiVue Xiong discusses the framework lenders need to comply with obtaining and reporting credit, and the potential ramifications married consumers should know in Wisconsin.
Just as a not-guilty verdict does not necessarily indicate a defendant did nothing wrong, a finding of unsubstantiated child abuse might not mean the child suffered no harm. To competently assist children and their families when abuse is alleged to have occurred, lawyers must understand the terms "substantiated" and "unsubstantiated," including the differences between them and the statute defining "child abuse."
The formula for determining variable child support costs for shared placement between parents will change July 1, along with other child-support related rules. In this article, an attorney with the Wisconsin Department of Children and Families explains the changes.
One advantage of the collaborative divorce process is it affords clients the opportunity to “expand the pie” rather than just divide it. That is, it gives clients a broader range of possible solutions that increase the value of complicated assets, such as pensions. The help of a neutral financial professional can be a key to more “pie.”
Many legal issues in family law can be resolved by applying a mathematical formula, such as for setting child support or spousal maintenance. When determining marital property for purposes of division, gifted or inherited property is excluded, unless excluding it creates a hardship for the noninheriting spouse. Determining “hardship” is an issue that requires a lawyer’s advocacy skills rather than a math equation.