Month: August 2012

Easy Access to Child Support Information in Wisconsin

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The Wisconsin Department of Children & Families website has a specific section devoted to Child Support. This portion of the website provides several services and other useful information to help make your child support case more simple. Whether you are the payor, or the recipient of child support, www.childsupport.wisconsin.gov allows you to sign up your case and in doing so, gain permission to view and print your payment history, update your personal information, and print payment coupons.

Along with the ability to manage your own child support case, the website is rich with general information. For example, there is a tab that gives an overview of Wisconsin child support services for parents. In that section you are given the option to watch videos about receiving child support, to read detailed information on financial management and  to explore what case management services are available to you. The website also provides several hyperlinks to forms, brochures and reports that may be relevant in your case.

The website is beneficial not only to parents who are in the middle of child support cases; it is also beneficial for employers. There is a tab for employers that explains how child support affects income, how employers must report child support, and it gives contacts, resources and tools for employers who want to easily stay abreast of their responsibilities in child support cases.

For lawyers, parents, and employers alike this website is useful, easy to navigate and it minimizes the stress a child support case can cause.

Can a Court Deviate from the Child Support Percentage Guidelines in Wisconsin?

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Calculating child support in Wisconsin is typically straightforward. A specific percentage of the payors total monthly income (gross, not net) is taken to support the child or children of whom the payor is obligated to support. When one parent has primary placement of the child (75% or more of the overnights in a year), child support is set at 17% for one child, 25% for two children, 29% for three children, 31% for four children, and 34% for five children or more.

But what happens when there is good reason to deviate from this equation? For example, what happens when a parent has primary placement of their disabled child, and this disability requires special accommodations that are not fairly covered by the typical child support percentage?

Or, the court can also deviate by setting child support lower than the percentage guidelines in certain situations.  For example, what happens when the payor has very low income or the payee has very high income or resources?  Or, when a payor has to incur excessive travel costs to exercise his or her placement with the children?  In these types of situations, the court will sometimes give a credit or reduction of the child support obligations of the payor.

Wisconsin law does provide for deviations in situations such as these. Deviations from the percentage standard may be awarded by the court, if the court finds, after considering a number of factors, the use of the percentage standard is unfair to the child or to any of the parties. The factors the court must consider are laid out in Wis. Stats. 767.511 (1m)(f) and the most typical the court considers in a deviation is the following:-The financial resources of both parents.

  •  The needs of each party in order to support himself or herself at a level equal to or greater than the poverty line (established under 42 USC 9902(2)).
  •  The desirability that the custodian remain in the home as a full-time parent.
  • The cost of child care if the custodian works outside the home, or the value of custodial services performed by the custodian if the custodian remains in the home.
  •  Extraordinary travel expenses incurred by exercising the right to periods of physical placement under the Wisconsin child custody statute
  • The physical, mental and emotional health needs of the child, including any costs for health insurance.
  • The child’s educational needs.

If a court deviates from the statutory standards, the court has to explain its deviation. In the example regarding a physically disabled child with extraordinary needs, a court could order a higher amount of child support due to the physical needs of the child and the costs to accommodate those needs which may exceed the “typical” costs for one child.

The amount of the deviation is solely at the discretion of the court and will be based upon all of the facts and circumstances presented.  If you believe that your child support is unfair and that one of the factors listed above applies to your case, please contact our office at 414-258-1644 to schedule a free initial office consultation or visit our website for more information.

Dividing Personal Property in Divorce

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“What? She gets the cabin AND the big screen TV?!”

 We’ve all heard the stories about nightmarish payouts during celebrity divorces (and Tiger thought that 9 iron to the temple hurt) as well as bitter fights over something as small as silverware. Personal property disputes during a divorce are common. Personal property generally refers to items such as furniture, tools, electronics and other items of value in your home.  Often, people attach much personal sentiment on these types of items of property.   Therefore, it becomes difficult to come to an agreement as to how to divide this property. As you can imagine, the longer the marriage, the more the memories, the tougher this task becomes. So how does it work?  How do you put value on property when the owner’s interpretation is clouded with personal attachment?

 Sometimes divorcing couples can come to an agreement regarding the division of personal property on their own or with some assistance from their respective legal counsel. Oftentimes, however, it becomes necessary to bring in a non-partisan expert who can accurately assess and appraise personal property at the forefront of the dispute. This can be an expensive endeavor (in Wisconsin, most personal property appraisals cost between $500 and $1,500) which yields disappointing results.  The expert who comes in to appraise your personal belongings does not care that the vase on the coffee table is great-grandma’s, nor does the expert care that you spent $8,000 on your home theater system five years ago.  The expert gives a subjective opinion as to the “rummage sale” value to your belongings. Therefore, great-grandma’s vase may only be valued at $20 and your home theatre system may not exceed $250.  Almost always there are values attached to items in a personal property appraisal that you will not agree with. 

 Also, the appraiser will not value every single item in your home.  They do not go through cupboards, drawers or boxes.  They usually will not climb up in your attic or climb over items stuffed into a garage.  They will only appraise visible items of value.  So, to some extent, it is up to you to catch missed items or point out items that you specifically want appraised ahead of time.

 Once the appraiser assigns values to these items, the party who has property of higher value must pay the other one-half of the difference.  However, the court or the other party cannot force you to accept items that you don’t want.  If there are items that neither party wants, the court will simply order that they be sold and the proceeds be divided.  Of course, there are then often issues with who will sell the items, at what price, etc.

 As a result of the above, when it comes to the division of personal property, it is best if the parties can agree how to divide everything.  Only you and your spouse are aware of the sentimental value that is attached to your personal belongings.   Only you and your spouse can reach an agreement that takes everything into consideration and is fair to both of you without going through the hassle, time and expense of an appraisal.

 To speak with an attorney understands all aspects of how personal property is valued or divided, contact us at 414-258-1644 to schedule a free initial office consultation or visit our website for more information.

 

Kids in a Divorce

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The Huffington Post has dedicated an entire section to divorce, which I thought was rather interesting. Huffington Post Divorce.  There are many articles dealing with topics ranging from stories regarding specific divorces to money and relationship advice.  What a great resource for someone going through a divorce!

One of the features was a link to various blogs written on the topic of divorce.  The very first one that jumped out at me was blog written by a 16 year old on the topic of his cheating dad.  (To read blog, click here.)  This is a brutally honest story of how infidelity and an absentee dad has ripped apart this kid’s family.  He says:  “When your parents divorce, all that changes. Especially if infidelity and lies were the foundation of your father leaving. Because how do you make believe everything is fine when the shrapnel is still in your skin?”  Wow!

I have often said that parents don’t give kids enough credit.  Kids are extremely perceptive and they get what is going on.  Often, the parent at fault refuses to acknowledge this and blames the other parent for the anger or estrangement of the child towards them.  You can’t just walk away from your family, especially when infidelity is involved, and expect that everything will be ok.  Kids often hold on to even the smallest grievances.  They certainly aren’t going to ignore and forgive this behavior very easily.

On the other hand, because they are often very aware of what is going on and have their own anger and feelings on the matter, the “wronged” parent does not need to discuss his or her own feelings with their children.  Children have enough to deal with themselves; they don’t need to be burdened with the guilt and anger of their parents too.

If parents would only treat their children as emotionally aware and feeling individuals, I firmly believe a lot of the issues and problems that arise in a divorce with children would be minimized.  Children should know what is going on and why it is happening.  However, you do not need to share your emotional upheaval with your children.  They have enough of their own.  You do not need to enlist them to be on “your side”.  And, you do not need to share with them intimate details or disparge the other parent.  After all, he or she is still their parent and your children love them no matter what.

Kids are people too and the sooner both parents acknowledge that and accept responsibility for their own actions, the less damaging the divorce will be to the children and to their relationship with their parents.

-Teri M Nelson

 

A High School Teacher’s Perspective on Students Surviving a Divorce or Separation

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Nelson & Davis, LLC invited Seth Larson, a high school teacher, as a guest writer on our blog to discuss his experiences with divorce in the classroom.

Divorce is tough. That is obvious. From the heart-wrenching start through the grueling and sometimes ugly process, everybody involved will feel the pain at some point. The only thing worse than going through a divorce, is going through a divorce with children. The effect it can have on your kids education and future can be irrecoverable, but it doesn’t have to be. As a high school teacher and coach of 10 years, I have witnessed students from split families struggle and I have also seen students excel. What it boils down to in the end is finding civility during and after the storm and putting your kids’ best interests ahead of any hostility for your spouse.

Often times we are inundated with stories about the negative affect divorce can have on children, most notably their academic and social well being. Looking back at my many experiences, divorce alone is NOT the reason children struggle. The majority of instances stem from two parents incapable of looking beyond their own personal resentment for one another and depriving their children of the fundamental support they need. I have had meetings with parents where the focus digresses from the student to their own personal issues, sometimes escalating into full-blown arguments. This not only humiliates children, but infuriates them. By focusing on your own agenda, you are trivializing your child’s best interest and pushing them away forcing them to find support in other places. I have also been on the other end of the spectrum where separated or divorced parents enforce consistent guidelines and expectations, giving their children the foundation they need to succeed. Any child who sees consistent structure and support from their parents, divorced or together, are given the opportunity they deserve to excel.

We all know that divorce is sometimes the healthiest and safest option for couples. Too often couples stay together “for the kids” and live in utter misery and resentment, creating an environment more damaging to their children then they realize.   If divorce is the route you are considering, or have already taken, do your kids a favor during this tough time and be adults. They only get one chance at youth, and success, divorce doesn’t take that away…bitterness does.

-Seth Larson, High School Teacher

Can I Obtain Cell Phone Records or Text Messages in a Divorce in Wisconsin?

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When people suspect that their spouse is cheating, they often ask if we can obtain their cell phone records to prove it.

If you are looking for documentation regarding telephone calls, this is readily available via subpoena but meaningless.  A phone call proves nothing.  However, now we are seeing more requests to obtain copies of text messages.  While it seems like this would be a simple task involving a subpoena and a small fee, the truth is that it is nearly impossible to preserve and obtain text messages directly from the carrier.

You may be able to get a log or history of text messaging details (date, time, number) fairly easily. However, most carriers only save the content of text messages for a period of 48-72 hours.  After this time, the text messages are forever purged from the server or database.  The amount of storage required to save every text message sent from every cell phone user prohibits retention of these messages for more than a short period of time.  In order for the carrier to save messages for more than their specified period, they need to be aware of the requirement to preserve the messages.  Every carrier differs in their expectation, but to save messages it requires that an attorney send a preservation letter to the carrier.  This preservation letter informs the carrier that it is necessary for them to retain the messages for greater than a 48-72 hour period.  Most carriers will only “preserve” the messages for two weeks.  If it is necessary to preserve texts for a longer period of time, numerous preservation letters are required.  Some carriers will honor preservation letters sent from an attorney.  Other carriers require a subpoena issued or signed by a judge or court official.  You would have to contact your carrier’s legal department on their requirements for preserving and certifying text messages.

A subpoena of text messages requires a proactive approach which, depending on your reasons for the text messages, may prove to be cost prohibitive or irrelevant.   The question then becomes, why do you want these records?  In Wisconsin, we have a no fault state.  It is completely irrelevant in a divorce that your spouse was cheating in your case.

If you suspect your spouse is cheating, the appropriate response is to confront your spouse and/or get into counseling, either individual or marital, immediately.  If counseling does not work or is not an option, then you need to consider whether you want to file for divorce.  If you file for divorce, you need to accept that Wisconsin is a no fault state and move on to the issues in your case rather than focus on adultery or alleged adultery which is not going to be relevant in your case.  Focus on making sure you that you and your children are protected in your divorce and that you obtain the best possible result for yourself.  Hire an experienced divorce attorney to assist you in this.

To discuss a divorce in Wisconsin, contact our office at 414-258-1644 to scheduled your free initial office consultation or visit our website for more information.