Year: 2024

Drafting An Accurate Financial Disclosure Statement in a Family Case in Wisconsin

nelsonda Child Support, General Divorce, Property Division , , , , , , ,

The dreaded (and necessary) Financial Disclosure Statement: most don’t enjoy drafting them, but these documents are critical to any pending family law action in Wisconsin. A Financial Disclosure Statement is the first step in many family law proceedings and is required in any action affecting the family, except in an action to affirm marriage. Pursuant to Wisconsin statutes, the Financial Disclosure Statement or “FDS” must be filed within 90 days after being served with the summons or joint petition starting a family law action.  A FDS is a confidential document which is sealed by the court so that your private, financial information is not accessible to the public. It is also helpful to attach your paystubs or tax returns to your FDS to show the court how you calculated your income and to provide proof of your income.

A FDS is one of the first things you file in a divorce action. In a divorce, parties are required to complete a more detailed FDS than the one required in a post judgment action or paternity matter. In all cases, you must disclose your gross income, including all income sources, such as pensions/retirements in pay status, social security funds, disability pay, public assistance, child support, etc. You must also disclose your monthly tax deductions/net income, and monthly expenses.

In a divorce FDS, you must disclose information of all debts and obligations, vehicles, securities, cash and deposit accounts, children’s custodial accounts, life insurance accounts, retirement interests, other assets, real estate, and all business interests. You must also answer whether you have acquired any property by gift or inheritance, whether you have any property valued at over $500.00 that you owned prior to your marriage, whether you are a party to any other lawsuits, whether you have a claim against anyone, and if you’ve ever filed for bankruptcy. This information is all pertinent to completing your divorce and being transparent with your spouse.

When drafting an FDS, it is important to provide your attorney with statements showing the exact value of all assets and debts. It is critical to have the exact value of these items, and to have proof prepared to show the court or opposing counsel upon request. For example, it would be improper to list the value of your car on your FDS as $10,000 if the true value is $10,302.21.

An FDS should be updated multiple times throughout the court process. It is important to keep the court and your former partner up to date with all changes to your income, assets, and debts. The values of assets and debts change with time, and it is your responsibility to update this information with the court and provide this information to your attorney during the pendency of your court action.

You are required to sign an FDS under penalty of perjury.  Willfully changing the value of a debt or asset on your FDS to a value that you know is untrue will damage your credibility with the court, and the court may order further sanctions against you for lying in a court document.

It is also imperative to list all assets and debts on your FDS, no matter how small, and regardless if you believe it should not be divided in the divorce. If you fail to disclose assets during a divorce, your ex-spouse may file a Motion to Reopen asking the court to revisit the Judgment of Divorce. The Court may also order several consequences for failing to disclose accurately, including contempt of court, monetary penalties, and criminal charges. They may also order that hidden asset be entirely awarded to your ex-spouse due to your failure to disclose.

Do you have any questions on how this process works? We’re here to help. Give us a call at (414) 258-1644 to set up a free consultation to make sure your family law matter is being handled with care.

How Marijuana Use Affects Custody and Placement in Wisconsin

nelsonda Custody and Placement , , ,

In Wisconsin, as in many states across the U.S., marijuana use is a complex issue when it comes to child custody and placement. With evolving state laws and shifting public attitudes toward marijuana, it’s crucial for parents to understand how their use of this substance can impact custody and placement decisions. Marijuana remains illegal for recreational and medical use in Wisconsin. Many neighboring states now permit medical and recreational marijuana use. These changes have affected the treatment of this issue when addressing custody and placement disputes.

Legal Status of Marijuana in Wisconsin

As of 2024, THC marijuana use remains illegal in Wisconsin. However, the state has passed laws allowing limited medical use of cannabidiol (CBD) products, a non-psychoactive compound found in marijuana, for certain medical conditions. CBD oil can be purchased throughout Wisconsin. Possession of marijuana for any other reason, even in small amounts, can lead to criminal charges.

This distinction plays a significant role in custody and placement battles, as courts consider both the legal context of marijuana use and the safety of the child. Unlike in states where recreational or medical marijuana use is more broadly legalized, Wisconsin’s courts have historically taken a stricter stance. However, some courts have moved toward treating marijuana use more like alcohol use. That is, some courts will consider the effects of alleged marijuana use on the parent’s ability to care for their child and not necessarily assume that their ability is affected.

The “Best Interests of the Child” Standard and Application to Marijuana Issues

When determining custody and placement arrangements, Wisconsin courts use the “best interests of the child” standard. This standard prioritizes the child’s safety, well-being, and overall welfare above all else. Marijuana use, whether legal or illegal, is scrutinized under this lens.

The court considers factors such as:

– Whether marijuana use occurs in the presence of the child.

– The frequency and extent of marijuana use.

– The impact of marijuana use on the parent’s ability to care for the child.

– The legality of marijuana use (i.e., medical use with a valid prescription vs. recreational or illegal use).

If a parent’s marijuana use impairs their ability to provide a safe and stable environment, it can and will negatively impact their chances of securing custody or placement. Even in cases of CBD oil use, the court may weigh how the substance affects the parent’s functioning and whether it compromises their ability to care for the child.

While marijuana use may be recognized by the court as a negative factor for custody and placement, parents should be warned that courts are wary of parents using the issue to “cry wolf” and falsely portray the other parent as somehow unfit to parent. Courts do not look upon such reports favorably to the reporting parent, and parents should be cautioned before reporting marijuana use as a factor for custody and placement if such use has been historically occurring or even a shared event between the parents in the past.

Marijuana use can significantly impact custody and placement decisions. While the legal landscape surrounding marijuana continues to evolve, courts remain focused on protecting the best interests of the child. Legal advice from a family law attorney familiar with Wisconsin’s specific laws and custody guidelines is essential for navigating these complex issues. If you have any concerns about custody and placement, contact Nelson, Krueger & Millenbach, LLC at (414) 258-1644 to speak with one of our attorneys regarding your specific situation.

 

What to Expect in Mediation

nelsonda Custody and Placement, divorce mediation , , , , , , , ,

You’ve been ordered to attend mediation in a custody or placement dispute – so now what?

Why Mediation:

Wisconsin law states that in any family law action matter where custody and/or physical placement is contested, the parties must attend at least one session with a mediator. The court can’t hold a trial or final hearing on custody or placement until after mediation is completed, absent certain exceptions. Wis. Stats. 767.405(8)(a).

Most custody and placement cases require mediation unless there is an agreement between the parties or there are significant safety concerns for the child. The court wants to ensure that the parties have made a good-faith effort to resolve their legal issues before filing any motions, having a guardian ad litem become involved, or asking the court for a hearing.

Most counties have their own mediators who are employed by the county.  These may be social workers who work for the county or they may be private attorneys or other family law professionals, such as social workers or counselors, who are independent contractors paid by the county.

You and the other parent can also agree to employ a private mediator.  This will also satisfy the statutory requirement and allow you to choose your own mediator.  However, it is often more expensive and will be at your own cost.

How To Request Mediation:

Requesting mediation is simple – all you need to do is go to your court’s website and search for the mediation request form. You need to fill out the form with some basic information and state your reasons for requesting mediation.  You can request mediation at any time if there is a good reason to do so. You must then file this request with the court, and the court will order both parties to attend mediation. Or, you can request mediation during a court hearing and the court commissioner or judge can initiate that process on your behalf.

What Happens Once Mediation Is Ordered:

Once mediation is ordered, a court mediator will reach out to both parties to schedule a time to meet. They will also go over how to pay for mediation if there is a fee required.

Each county handles mediation a bit differently. In Milwaukee, Waukesha, and Ozaukee County, the first mediation session is free. (By statute, each county must offer a free session.  Milwaukee County just uses their “information session” as the free session) Sometimes, such as in Milwaukee County, this first session is an evaluation where the mediator determines if the parties are willing to mediate. If both parties are willing to put in a good faith effort to try mediation, the mediator will schedule a substantive mediation session where you will be able to try and resolve your case with a mediator. Each party then needs to pay ½ of the total mediation fee, or $100, directly to the county prior to that second session. In Washington or Waukesha County, there is no initial evaluation session and the first session is where mediated agreements are made.

It is important to pay any required mediation fees on time. If the fee is not paid, the court will cancel mediation and note the reasons why in its report to the court. You do not want to show the court that you are not taking its orders seriously by not attending mediation or paying the fee on time.  The court will also make a negative inference if you attend the mediation information session in Milwaukee and decide not to mediate. 

What Happens During Mediation:

During mediation, the mediator will walk the parties through various issues surrounding custody and placement. They will go over the ground rules for the session and will explain what everything means. They tend to start generally and work towards a more detailed agreement if the parties are close in their positions. They will talk with both parties about why they are making their requests and see if they can compromise on any issues. The mediator may get as specific as discussing other factors affecting the child such as transportation, communication, vacation time, and a holiday schedule. This county-appointed mediator will never discuss child support and is focused on issues of custody and placement. If the parties can agree on some issues but not all issues, they can enter into a partial mediated agreement. The court will then adopt the agreed-upon terms into a court order.

In Conclusion  

Mediation is the best way to arrive at an agreement with your child’s parent,  even if you think your ex-partner is not going to agree on anything. You’d be surprised at what a good mediator can do for your family. It’s not only a court requirement in most cases, but also a much cheaper alternative to litigating the process in court, and can show a lot of goodwill for co-parenting down the line.