Family Law Section Blog Navigating De Novo ReviewsDe novo hearings allow a brand-new hearing on issues decided by court commissioners, and are a useful tool in representing previously pro-se clients. Lauren Otte discusses de novo hearing procedure and how to use these hearings to benefit your clients.
Family Law Section Blog Triage: A More Efficient Family Case Management SystemIn this era of doing more with less, triaging family cases could benefit Wisconsin family courts, parties, and lawyers by using scarce resources more efficiently. Paul Stenzel discusses how triage, or differentiated case management, could fit into family court systems.
Family Law Section Blog Is There a Way to Cure Maintenance Arrearages in Wisconsin?Section 767.59 greatly limits the trial court's authority to modify maintenance payments or arrears accrued prior to the filing of a motion. David Karp explores other remedies that may be available to cure maintenance arrearages.
Family Law Section Blog What You Should Know about the New Administrative PaternityAdministrative paternity, a fourth way to determine paternity in Wisconsin, begins Aug. 1, 2020. Jill Mueller discusses the logistics of administrative paternity and why this new option is important for parents and children.
Family Law Section Blog Countering Evasion: Securing Notice in a Divorce ActionWhat happens when the opposing party in a divorce action evades a Summons and Petition or simply cannot be located? Lauren Otte discusses the required steps to secure service and personal jurisdiction in these circumstances.
Family Law Section Blog Family Finances under the CARES ActAmong the new rules implemented by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) are Economic Impact Payments (EIP) and changes in retirement distributions and withdrawals. Tiffany Highstrom discusses what attorneys should know about the CARES Act and offers advice on guiding clients through this uncertain time.
Family Law Section Blog Practicing Family Law in the Time of CoronavirusThe practice of family law in Wisconsin has changed drastically in the past month. Margaret Hickey gives a few tips on dealing with these changes, and where to find resources to help you manage your practice.
Family Law Section Blog Tips to Avoid Pitfalls in Divorce Agreements Requiring Children’s College PaymentsMarital settlement agreements requiring college expense coverage for children can prompt disputes years after the divorce. David Kowalski discusses basic law on parental obligations for adult children, and suggests language to clearly define all parties’ obligations for parents jointly assuming this obligation.
Family Law Section Blog Addressing Childhood Trauma as a Family Practice LawyerFamily lawyers trained to identify the effects of childhood trauma and compassion fatigue can better serve their clients. Lauren Otte discusses identifying and addressing the trauma experience of children and parents to mitigate the potential damage during custody and placement disputes.
Family Law Section Blog Ending the Cycle: A Push for Early Childhood Intervention for Intimate Partner Violence ExposureExposure to domestic violence can have serious health effects for children, according to recent scientific studies. Tiffany Highstrom gives a broad overview of these studies on the link between early childhood exposure to intimate partner violence (IPV) and children’s physical and health risks. “While exposure to IPV leaves no actual bruises, it has real effects on the health of the child. Research suggests that intervention can be effective in mitigating those effects,” she writes.
Family Law Section Blog Choosing a Family Law ProcessAdversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.
Family Law Section Blog Lis Pendens: Securing Client's Real Property Interests in DivorceWhen clients' names in a divorce are not on a real property deed, protect their marital interest with a lis pendens. Cassel McClure Villarreal discusses lis pendens, an effective tool in protecting your client’s real property interest in divorce.
Family Law Section Blog Using Third-party Decision-makers after Universal ProcessingThe Wisconsin Supreme Court recently held that a circuit court judge who appointed a referee to resolve disputes delegated authority that he could not delegate. Margaret Hickey discusses the case and its implications when using third-party decision-makersin family law.
Family Law Section Blog Crime Victim Rights: Marsy's Law Comes to WisconsinAdvocates for Marsy’s Law – equal rights for crime victims as defendants – have introduced resolutions recently in the Wisconsin Legislature. Donna Ginzl talks about Marsy’s Law For All and what’s happening in Wisconsin.
Family Law Section Blog Brussels Sprouts, Pancakes, and Proof in Grandparent VisitationRecent Wisconsin Supreme Court oral arguments in Michels v. Lyons dissected the constitutionality of a grandparent visitation statute. Tiffany Highstrom and Sara Vanden Brook discuss the court’s recent oral arguments regarding the statute and cases involved.
Family Law Section Blog Immigration Matters in Divorce: The I-864 Affidavit of SupportWhen 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.
Family Law Section Blog Family Law: It's the End of Maintenance as We Know ItAs of Jan. 1, 2019, maintenance payments will no longer be tax deductible to the payer or taxable income to the payee under the Tax Cuts and Jobs Act of 2017. But is it a cause for panic? David Karp examines the differences between taxable maintenance andnon-taxable maintenance under the Act.
Family Law Section Blog Family Lawyers: Are We Becoming Obsolete?The number of self-represented parties in family courts continues to rise. Susan Hansen discusses the issue and what family lawyers can do in response.
Family Law Section Blog Third Party Visitation: What Is Your Legal Burden?The legal framework in determining third-party visitation is different from the legal framework for awarding physical placement in a divorce or paternity action. Cassel Villarreal outlines an analysis for determining third-party visitation.
Family Law Section Blog There’s No Limit to the Practical Use of Limited Scope RepresentationFor solo and small firms, limited scope representation is a milestone for efficient, cost-effective representation, and is exceptionally practical in family law settings. James Bock discusses this recently enacted rule and its potential application in family law matters.
Family Law Section Blog Lawyer-mediators Can Now Draft AgreementsAs of July 1, 2017, lawyers serving as mediators can draft, amend, and file legal documents for litigants going through a family law case. David Karp discusses this new amendment to the Supreme Court Rules and provides a sample acknowledgement that complies with the new amendment.
Family Law Section Blog Welcome to the Family Law Section BlogThe new Family Law Section Blog will provide section members with valuable information concerning issues that are important to attorneys with a special interest in family law.
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