Milwaukee Family Law Attorneys Blog

Some wonder if child custody fight is worth it

2013-05-16T20:43:02Z

When a person becomes a parent, many would say that their lives have changed drastically, and that they would do anything for their children. Sometimes two parents decide to get a divorce, and because both parents have an interest in their children's lives, they fight over who should have custody of the children, either sole custody or shared.

This type of situation can be very emotionally charged. Both parents want their children to be a part of their lives, and they fear that giving up custody to another parent would hurt the relationship they have with their children. In some situations one parent may have significantly more money to file appeals and battle for custody. These situations can be difficult and sometimes end with one parent just giving custody to their ex.

]]> While some parents might feel this is a defeat others might think that they can stop putting energy into debating where their children should live and focus their efforts on their relationship with their children. One mother recently described in an article on the Huffington Post, how she came to decide to give up custody to her ex. While this situation isn't for everyone, it might be something to consider if the children can still have a relationship with both parents, regardless of the custody outcome.

Sometimes judges can have full discretion over who a child should live with. This can result in an unpredictible outcome. Speaking with an experienced divorce attorney who handles child custody cases can be a wise decision before making choices regarding child custody matters.

Source: Huffington Post, “Custody Battles: Are They Worth the Fight?” Pauline Gaines, May 7, 2013

Many parents want to help pay for college, even after divorce

2013-05-09T16:41:01Z

College tuition rates have been skyrocketing in recent years. Even before rate increases, college educations require financial savings and discipline. Many parents start planning for their child's college education from the day they are born. Depending on how many children they have, they might have multiple accounts with varying amounts of money in them.

But what should happen when parents decide to divorce? During the divorce process the parents might want to discuss with their attorneys how they can support their children through college. While this isn't child support in the traditional sense, parents still might be wise to work out an agreement between each other to help supprot their children by helping to pay college tuition costs.

]]> Depending on what type of accounts parents have set up why they were together, their might be different ways to split or manage the accounts. The most important thing is that the accounts remain for the benefit of a child or children. If a parent remarries and has another kid, it might be important to ensure that children from a future marriage are saved for separately.

Sometimes accounts such has 529 plans can be frozen and split, giving each parent a share that they can manage for their child or children independently of their ex. They can then save to help contribute further to their child's education if they would like. An experienced divorce attorney can work with financial planners and other professionals to help ensure an agreement is made that will benefit the children.

Source: U.S. News & World Report, "Discuss College Savings During Divorce Process," Reyna Gobel, April 29, 2013

Parental alienation common in Milwaukee divorce

2013-05-02T19:35:02Z

When two people go through a divorce, it not only has an emotional affect on those two people, but also any children that the two had together. Sometimes children and parents experience Parental Alienation Syndrome. Although this isn't a recognized psychiatric syndrome, it is described as a situation when a child is intentionally estranged from one parent.

In these cases, children decide that they don't want to talk or have contact with one of their parents as a result of conclusions drawn from their Milwaukee area divorce. They might reject any ideas of positive experiences that they have had with that parent, and blame them for the divorce. Sometimes these behaviors are exemplified by another parent, resulting in the child coming to unfounded conclusions.

]]> These situations can be especially delicate, and even if a child doesn't want to talk to their parent, that parent might badly want to be a part of the child's life. Sometimes parental alienation can be prevented by cooperation between the two parents.

If possible, it might be wise for parents to agree on a set of rules before they file for divorce. The rules might include not talking badly about the other parent in front of their children, and working with the other parent to maintain a relationship between the children and both parents.

An experienced Milwaukee divorce attorney can help parents understand the divorce process. They may also be able to provide parents with the proper resources to handle emotional and financial complications that a divorce might have on a family.

Source: Minnesota Lawyer, "In divorce, alienation a big risk," Paul M. Reitman and Adam Gierok, April 12, 2013

Milwaukee child custody could be influenced by digital messages

2013-04-24T22:43:13Z

People across the country are fascinated with new means of digital communication. They are constantly updating statuses, checking in at businesses, uploading pictures and texting friends. All of these things help us socialize in the 21^st century, but they could also be detrimental if a person is going through a divorce. During a divorce, many aspects of a person's life will be evaluated, especially if they are in child custody dispute with their ex.

These cases might involve a judge seeing pictures that were posted to social media or sent through email or text communications between two parents. It is important to remember that everything in text or online could become public, and scrutinized throughout the divorce process. This isn't meant to scare a person into never posting online or never sending a text message.

]]> However, in cases of divorce and child custody, Milwaukee parents might be wise to pause for an hour, or a day before posting something online. If they are in a bad mood about their ex, they might want to refrain from sending them a message. Although posting pictures of a few friends hanging out and having a drink might seem harmless, it is wise to think that everything posted will be highly scrutinized.

An experienced Milwaukee divorce attorney can help a person understand the divorce and child custody processes. They can work with the person to review communication with the other party involved in a child custody dispute to make sure all communications are appropriate. This can prevent having to explain certain words to a judge during the child custody case.

Source: The Washington Times, "Email, texting can become a WMD during a divorce or custody case," Myra Fleischer, April 23, 2013

How should someone use their cash from a Milwaukee divorce?

2013-04-18T19:42:29Z

Divorce situations are full of many different decisions. Some of the largest decisions surround a person's property division. Many times couples share property during their marriage and the property is legally owned by both people. This property is sometimes sold, or sometimes one partner pays the other for half of the value of the property. There are also accounts involving cash or a value of investments.

These situations can result in one former spouse receiving a cash payment from another spouse. Because this might be a significant value, sometimes hundreds of thousands of dollars, the person receiving the payment might not know what to do with the cash. They might have ideas about how it should be spent or saved but just aren't sure.

]]> An experienced divorce attorney in Milwaukee can help a person work through the divorce process and try to get the most beneficial divorce settlement or decree. They can work with financial advisors to ensure that any settlement or property division arrangement is sufficient for the person's current and future needs.

In addition to a divorce attorney, a person might want to speak with a financial advisor or experienced financial planner. Financial professionals can be an integral part of a person's divorce support team. They can help the person prioritize where their money should be put or spent. Whether it is paying off a mortgage, keeping funds in liquid savings, or investing for retirement, it is important that a divorce cash settlement is handled wisely and strategically.

Source: Fox Business, "Best Use of Divorce Cash Before Retirement?," Dr. Don Taylor, Ph.D., April 8, 2013

What happens when a Powerball winner owes back child support?

2013-04-11T22:20:05Z

A man in another state won a major financial surprise late last month. The Powerball jackpot made him $152 million richer after taking the lump sum and paying taxes. From that amount was subtracted child support that he owed to the mother of three of his children. According to a report, the man owed $29,000 in back payments, but paid $30,000 to the mother.

The children may also now be living with their father after his big win. But not every family is lucky enough to win the lottery, and the odds are against someone being able to pay child support because of a lottery win. In cases where someone can't make payments or a custodial parent isn't receiving the payments that they need to help raise their children, they might be wise to speak with an experienced family law attorney.

]]> A Milwaukee attorney who has experience handling child support issues can help a person evaluate their options. If a person can't afford to make payments they might be able to seek an adjustment. If the custodial parent isn't receiving payments, they might be able to pursue action through the courts to get payments.

Hoping for a lottery win is probably not the most effective approach. Because this money is very important to the custodial parent, it is important that payments are made and any changes to the agreement are fair and legally binding. An attorney can help families understand their rights and work to find the best solution for their situation.

Source: CNN, "Powerball winner pays $30,000 in back child support," Lenny Bourin, April 2, 2013

-Our law firm handles Milwaukee area child support issues. Please visit our website to learn more.

Divorce may come with range of emotions

2013-04-04T19:25:04Z

One day, a person might feel happy that they are finally going through with a divorce, but the next day, they might feel regret or sadness that something that lasted so long, didn't work out in the end. This is a very common occurrence for people who are going through a divorce. They often want to get through their divorce and get on with their new life.

During the path of divorce, many family and friends will find out, and many will offer advice. Some might have opinions that aren't helpful. This is a time when it is important for a person going through a divorce to focus on themselves. They need to take advice carefully, and maybe only from people that they trust a lot. A divorce attorney can help a person build a support network and help them through the legal process of divorce.

]]> Other people, such as financial advisors and therapists, can help people deal with the financial and emotional changes that a divorce can cause. Focusing on one's self is important in helping the person address what might have gone wrong in their marriage and help them focus on the future.

When a person has children, they might be trying to take their mind off of their divorce by only focusing on the needs of their children. This can lead to suppressed feelings and unaddressed issues. Parents should make sure they are caring for themselves, so they can properly care for their children and address their needs.

Source: The Huffington Post, "Learning Curves: 14 Divorce Lessons Every Divorcee Should Know," Amira Young, March 29, 2013

-Our law firm handles divorce cases in Milwaukee. Please visit our website to learn more.

Financial adjustments can be necessary after Milwaukee divorce

2013-03-29T14:26:40Z

Divorce can be a turbulent time in a person's life. It can also be a time when a person understands that they are moving forward and looking to the future. The future might not be the same as they had once envisioned, but with a little planning, a person can still live a lifestyle that they desire.

Financial planning and adjusting one's personal finances is an important step to take after a divorce. Some people might seek out the help of a financial planner, but others might take it on themselves to make adjustments after a Milwaukee Divorce. People who do their own financial planning should remember to look at the ownership of their accounts, their beneficiaries, estate plans, and insurance needs, along with their budget and retirement contributions.

]]> While this might seem like a lot of information to deal with, the first step is to gather all of your financial and legal documents, so you can assess the task. Then, sit down on a weekend and go through your documents, flagging accounts that need to be changed. Next, sit down and figure out all of your monthly expenses, including how much you intend to save each month, and make sure your budget is balanced.

This might take more than a few days to figure out. Especially if a person isn't used to dealing with their financial accounts because it was left up to their ex-spouse. It is important to be patient, but determined to get your financial life back on track after divorce.

Source: Fox Business, "Starting Your Financial Life Over After Divorce," Andrea Murad, March 22, 2013

-Our law firm handles divorce cases in Milwaukee. Please visit our website to learn more.

Couples that aren't married can still have family law issues

2013-03-22T15:57:04Z

When a couple ends their relationship, there is often a lot to work out. Couples may hire divorce attorneys, work out asset division, child custody, alimony and child support. However, if a couple is never married, but has children and property together, a breakup can be equally as complicated as a divorce.

Although they might not be legally married, some couples may still have agreements where they live together, one person has their name on the mortgage, and one of them stays at home for a few years to raise their children. When they split up, one of them might be stuck trying to figure out what job they can do to earn an income because they haven't worked in years while they raised the kids. Or if both of them work, but only one has their name on the mortgage, that person might be panicking to figure out how to pay a mortgage with a single income.

]]> These issues are becoming more common and it might be wise for couples in these situations to speak with an experienced family law attorney in Milwaukee. They can help a person figure out their legal rights in these situations and help come to an agreement for dividing assets.

They can also make sure child support and child custody are handled properly. While these situations can be stressful, having an attorney who understands family law can help ease some concerns and bring the breakup to a quick resolution so each person can focus on moving forward.

Source: New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013

-Our law firm handles Milwaukee family law issues. Please visit our website to learn more.

Don't forever regret doing your divorce yourself to save money

2013-03-13T13:55:50Z

When most people think of getting a lawyer involved in any dispute, immediately the dollar signs and red flags of contentious arguments rise up and make them think twice. However, when thinking twice about legal services for your divorce, you may want to at least explore a consultation with an attorney you feel comfortable with.

A divorce can be an emotional time in which reason and self-control are thrown out the window. That is never the right mindset in which any Milwaukee resident should be making emotional and financial decisions that will have repercussions for years to come, if not the rest of your life. Having an attorney who gets that entering into divorce proceedings are extremely tough on all involved and that their job is to make it as easy as they are able while taking into account all interests, especially those of the children, can greatly help in helping during this transitional phase of life.

]]> There are also many different avenues that can be explored for divorce proceedings such as mediation and collaborative law that put the final decisions of all aspects of the divorce agreement back into the hands of the parties involved rather than the court and legal system. Navigating these different options and weighing the positives and negatives with someone knowledgeable and objective to your situation may benefit you greatly in the long run.

Going through a divorce is something that most never want to experience, and if they do, they only want to do it once. By consulting an attorney, you can help ensure that you are proceeding in a manner that suits you best and protects your interests for the long-term while alleviating the fear and regret of doing it yourself and unfortunately forgetting to dot one 'i' or cross one 't.'

Source: gazette.com, "It's Your Money: Do-it-yourself divorce could be cause for regret," Linda Leitz, Mar. 10, 2013

Man pleads guilty to $1.2 million in late child support payments

2013-03-05T18:54:23Z

There is a list that the U.S. Department of Health and Human Services has launched within the last year that it would behoove people to try and stay off of. That list is known as the "Most Wanted Deadbeat Parents List." One man who has recently pleaded guilty to owing more than $1.2 million in late child support payments for his three children from two previous marriages most likely wishes that he were never at the top of that list let alone on it at all.

The East Coast native pleaded guilty to two counts of failing to pay child support which date back to at least 2002 and he has been on the run both nationally and internationally for years. Originally, the man tried to flee his obligations by moving to Florida. Once he realized that he could not escape those payments there, the man fled to Thailand where he worked multiple odd jobs to get by.

]]> In November of last year, the man apparently became tired of his life on the run and flew to the Philippines where he was arrested and deported back to the U.S. for lack of proper identification documents. Now that he is back in the U.S. and pleaded guilty, he faces up to four years in prison as well as continuing to owe back payments in child support. He has already been offered a job as a car salesman once he is released. It is a job he held prior to ending up in his current circumstances.

Child support delinquency is a difficult issue to deal with. Seeking those funds owed as part of a parenting agreement can be a trying experience but with the right legal counsel to help guide you through resolving those issues, those hardships can be mitigated.

Source: Fox News, "Man dubbed nation's top deadbeat dad admits owing $1.2 million," Feb. 22, 2013

Baby Boomer divorce is on the rise

2013-02-28T23:13:38Z

The Baby Boom generation is not only causing ripples throughout the working and retirement world as more and more start to leave the workforce, but they are suddenly now the cause of a new trend in family law as well. "Gray divorce" is the term for retirement couples seeking divorce, and the Baby Boomers are creating a lot of "gray" these days.

The number of divorces over the past 20 years has doubled for people who are 50-years-old or older. This massive increase may be due to the sudden influx of the Baby Boom generation, but it is creating some great concern among experts in economics, sociology, and the law. Essentially, the "gray divorce" phenomenon also has a great economic impact on those involved as well as others seeking work as it may require either one or both parties to remain in the workforce for years to come and also impact retirement plans.

]]> The consequences can be drastic for those who perhaps have stayed out of the workforce in order to raise the family as well. Their lack of workplace skills may impact their ability to find employment and cause greater amounts of alimony to be paid. These factors need to be accounted for when contemplating divorce into your later years as the impact on one's retirement plan may also require liquidating much of that nest egg in order to meet the demands of the divorce agreement. Of course, this will always be subject to any prenuptial agreement you may have signed prior to marriage.

If you are curious as to what legal options you may have in divorce proceedings or during a legal separation, please contact a family law attorney. Their skills and abilities in the area of family law will assist you when weighing your legal options or reconciliation.

Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013

Destination weddings - how about destination divorces?

2013-02-20T01:37:04Z

Destination weddings are often the wedding of choice for those who want to maximize turning their festive union into a true vacation for all involved. It also adds an element of the exotic to the wedding ceremonies that may be missing at times from the couple's hometown.

While many couples may feel excitement at the thought of a destination wedding, they may look at lawyers a bit perplexed when they hear of the idea of a destination divorce. However, this new concept is starting to take root as a new means to an amicable and court-free divorce proceeding.

]]> The unique idea is seen as a way in which the couple can bypass the court proceedings and skip straight to the mediation process. The bonus for the couple is that they get to take care of what is a stressful affair in the comfort of a vacation destination while separate from their soon to be ex-spouse. Staying in separate rooms, the couples hammer out details of their divorce through a mediator going between the two individuals.

The destination divorce is usually scheduled to start on a Friday and conclude by the Sunday so that the attorneys can promptly file all the documentation with the courts on Monday once they arrive back at the office. Attorneys practicing this kind of new destination divorce say that it allows the couples to get away from external forces that are influencing their emotional state and lets them decompress a bit while discussing important issues such as division of assets, alimony, and child support.

Source: wane.com, "Divorce attorneys come up with unique concept to handle divorces," Feb. 15, 2013

How to deal with the trauma of divorce

2013-02-11T20:32:07Z

When one experiences any trauma, they must learn to overcome the consequences. Whether that means talking through it, going to the scene of the trauma, or trying the experience again with a new outcome, it is only by coming to terms with the trauma that we are really able to embrace the lessons learned from it and move on.

With divorce, it is much the same. While some divorces are cordial and separating partners remain friends and still may enjoy one another, many can also be traumatic. When you have gone through a traumatic divorce, especially if it has involved children, there are a few things to keep in mind to help you deal with the consequences and digest what just happened.

]]> The first step to moving forward is to grieve for that which is lost, whether it is the loss of your love, loss of custody, or loss of your pride. In order to do this adequately though, you must also acknowledge that you have indeed lost something and that the divorce has had an effect on you. Finally, keep in mind that when you grieve (and grieving does not always mean shedding tears) that you do not have to do so alone. Find friends you can talk to, join support groups, or find help in the form of some sort of therapy and even doctors that can assist you medicinally if necessary.

Remember, divorce is never easy, and sometimes the side-effects appear years after the event, just like other traumas. Don't be afraid to tackle them as they arise with different techniques depending on the situation.

If you are contemplating legal separation, going through a divorce, or need assistance determining parental rights and custody, please contact an attorney. A family law lawyer will be able to assist and guide you through the legal complexities that arise from the legal proceedings that lie before you.

Source: Huffington Post, "The Traumatic Divorce: 6 Ways to Heal," Mark Banschick, MD, Feb. 8, 2013

Wisconsin man ordered by court to not become a father again

2013-02-04T21:28:04Z

Right on the heels of a similar order back in December, a Wisconsin judge has recently ordered a man not to have any more children due to his failure to pay child support. In an odd twist, the judge has also ordered the Hayward man to "reveal within three minutes of meeting any female that he is a convicted felon and has unpaid child support."

The two-year probation sentence is a result of the man pleading "no contest" to a felony failure to pay child support for more than 120 days back in 2011. Besides the charge to refrain from having more children and disclose his current issues upon meeting a female, the Wisconsin man is to keep a full-time job, rectify his delinquency in child support payments, go to counseling, and remain sober.

]]> In Wisconsin, child support is taken quite seriously and the family court judges rarely depart from the outlined state child support guidelines. That is why a knowledgeable and skilled family law attorney is so crucial when you are seeking the adequate child support. An attorney can help advocate on your behalf and show the judge the additional external factors that will be affecting you and your family so that he can properly discern the child support payments to be applied in conjunction with the guidelines. Also, if you feel that your parental rights are being infringed upon, you should also contact an attorney to ensure that your rights are not being unfairly impinged upon.

There is also a relationship between the amounts of child support received in accordance with the agreement reached in your child custody arrangements. What you and your attorney agree to in that custody arrangement will play into the amount of child support received. Therefore, it is essential that you have an attorney that you can trust to advocate on you and your family's behalf. As your advocate, your rights and interests is their job.

Source: Duluth News Tribune, "Judge orders Northland man to not father any more children," Mike Cregar, Jan. 17, 2013