General Divorce

Avoiding the Divorce DUI!

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Divorce is a stressful time for everyone. You go through many major life changes – you may be moving out of your house, divvying up your possessions, dealing with a slew of emotions, and trying to find time to see your kids while juggling your many obligations in life. We don’t all deal with the stress in the best way. Maybe you have a night off from the kids and you want to let off some steam from this divorce at the local bar. That’s got to be harmless, right?


A common issue in divorce cases that family law attorneys know all too well is the dreaded “divorce DUI.” In Wisconsin, a person can receive a “driving under the influence” (DUI) or “operating while intoxicated” (OWI) charge if they have been found to be driving while using alcohol or other drugs. Sometimes people going through divorce may cope with the process by drinking and find themselves criminally charged with driving under the influence or alcohol or substances, which can have severe consequences on their divorce case.


Importantly, any DUIs or OWIs received by an individual in a divorce case will be brought up during child custody and placement negotiations and litigation. Specifically, two of the factors that a court looks at in determining custody and placement are: (1) whether any of the parties have a criminal record; and (2) whether either party has or had a significant problem with alcohol or drug abuse. A DUI/OWI raises issues with both of these factors.


If you do receive a DUI/OWI during your divorce, that does not necessarily mean you will lose all placement time with your kids. The court will balance a variety of factors and look at the severity of your charge, as well as the actions you have taken to recover from that event. The court or your attorney will likely recommend that you engage in alcohol monitoring or testing, and may even suggest that you complete an AODA assessment or therapy to show that you are actively handling your drinking behavior.


Receiving a DUI/OWI during a divorce can also lead to additional financial stress, such as court penalties, fees, attorney fees, and any damages incurred by the DUI/OWI. You may also deal with the stress of attending additional court hearings, simultaneously handling separate family and criminal cases, and damaging family relationships.


Divorce is a hard time and “divorce DUIs” are far too common. Reach out to family and loved ones for support and remember that you are not alone during this time. Counseling and support groups can help tremendously. An experienced family law attorney can help navigate this occurrence and best help rehabilitate the consequences of a divorce DUI/OWI to protect you during your pending family law matter.


We’re also here to help! Call our offices at (414) 258-1644 to schedule a free consultation with an attorney at Nelson, Krueger & Millenbach LLC.

Be a Vault! Protect Confidential Information In Family Law Cases

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Protecting your confidential information should always be a primary concern in life, but especially so in divorce and family law cases. When you are engaged in a pending divorce or paternity pre- or post-judgment case, you will likely be called upon to provide what will seem like an endless list of financial documents. You will need to provide your attorney, opposing party, opposing attorney and the court with wage stubs, tax returns, bank statements, credit card statements, retirement and investment statements, social security reports, and many, many other documents. You may even need to provide medical records and other personal information. Who would want these documents circulating without protection? The answer is: no one!

Wisconsin Statutes require that certain documents which confidential information must be redacted before filing with the court. This means that identifiable information such as social security numbers, account numbers, etc. must be removed before a document can be filed with the court. If you are going to file such a document with this information, you need to ensure that you, your attorney, and the opposing attorney removes this information before filing or penalties can result.

Not only do you have a duty to protect your own confidential information, but you also have to be careful to protect the other party’s confidential information. In a recent Wisconsin Court of Appeals decision, Heidi Black v. Jeffrey Allen Kelly and MidWest Mgmt., Inc., No. 2021AP1239 (Wis. Ct. App. Sept.1, 2022), the court was called upon to decide a unique situation in which protected financial information was inadvertently made public through an opposing party’s employer’s computer system.

In Black v. Kelly and MidWest Mgmt., Inc., Heidi Black’s Financial Disclosure Statement from her divorce case was made available online through her former spouse’s employer’s computer server. Black’s friend discovered that her Financial Disclosure Statement was available online to the public after completing an internet search of Black’s name. Black sued her former spouse, Jeffrey Allen Kelley, and his employer, Mid-West Management, Inc., for making public her Financial Disclosure Statement from her divorce action.

The court in Black v. Kelly and MidWest Mgmt., Inc. found in Kelley’s and Mid-West Management, Inc.’s favor and dismissed Black’s civil case for damages only because there was no evidence that Black’s Financial Disclosure Statement was viewed by anyone besides Black’s friend, Kelley, and Mid-West Management, Inc. when removing the document from public access. Wisconsin law requires a finding of “publicity” of the protected information which is “the matter is made public by communicating it to the public at large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge” in order to award damages. See Black v. Kelly and MidWest Mgmt., Inc. Publicity was not proven in this case. The court distinguished “publicity” from “publication” which includes an element “in connection with liability for defamation” when evaluating if damages should be awarded. See Black v. Kelly and MidWest Mgmt., Inc. The Defendants-Respondents in this case hired experts to show that Black’s Financial Disclosure Statement was viewed by limited persons and was not made public communication.

The importance of Black v. Kelly and MidWest Mgmt., Inc. suggests that there could, however, be a civil tort basis should a party’s financial, confidential and/or protected information be made public communication. The Black case and the applicable case law does not require a finding of malice or intention in making the information public in order for damages to be awarded it only needs to be proven that the information was made a communication to the public at large.

What does that mean for you? The answer is clear, you need to be a vault! Protect your soon-to-be ex’s information the same way that you protect your own: with the tightest security and highest level of protection.

If you have questions about a family law action and how to best protect yourself, please contact Nelson, Krueger & Millenbach, LLC at (414) 258-1644 to schedule a free initial consultation to discuss your case.

The Benefit of Hiring a Family Law Attorney

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In times of economic downturn, it can appear that hiring an attorney for your divorce or paternity matter is too expensive of an investment. In the Wisconsin, anybody can file a divorce, paternity, or other family law related matter without an attorney. It is an especially attractive idea when the other parent or party in the action appears to agree with all the issues that may arise in family law related matters. However, things can quickly change in family law cases (which includes divorce, initial paternities, requests to change placement, custody or child support, or requests to change maintenance or alimony, etc.). Hiring an attorney can be an extremely helpful investment in the following circumstances:

  • Attorneys who commonly practice in the family law area are familiar with what Court Commissioners and Judges expect to hear in these cases. For example, if you are requesting a change in placement, the Court will need to understand when the last order regarding placement occurred, and the type of change that may have occurred to show why a change may be in a child’s best interest.
  • Attorneys know what paperwork needs to be filed to effectively use your Court time and ensure that your case is heard. For example, some counties require specific documentation to be filed to get a court date in a divorce proceeding.
  • Attorneys know why certain agreements may be very helpful to avoid returning to court, or may have unintended, negative consequences. For example, if parties agree to divide a 401k in a divorce, certain, specific paperwork is needed to divide the 401k without incurring penalties or incurring avoidable tax consequences to either party.
  • In cases involving domestic violence, having an attorney can ensure appropriate communication, or even avoid the need for a victim to communicate with an abusive partner. Family law attorneys can help navigate restraining orders between parties as well.
  • Attorneys can help educate parties as to what goals can reasonably be accomplished in a Court action and help inform parties as to more resources that may be available to families outside of having a trial in front of a judge. For example, parents may benefit from a therapist’s assistance to help parent better communicate and work together for the benefit of the children. The input from a therapist may be more helpful to these parents than what a Judge may order.
  • Attorneys can be helpful in providing possible solutions that will likely be approved by a Court Commissioner or judge. For example, an attorney knows what factors to look for in determining what a child support order should be and may be able to obtain more information regarding the other parent’s income if that parent is uncooperative. The attorney will also understand how information regarding income and placement time is used to determine an appropriate child support order.
  • Some decisions made during an initial action cannot be changed or are difficult to change, so if you do not have an attorney you might make a mistake that cannot be undone!

These are just a few examples of how hiring an attorney can be very helpful and even necessary in navigating a family law matter. As is often the case in legal matters involving the family, these issues can be very emotional for parties. Attorneys who practice family law understand that these cases can feel overwhelming and even scary because these issues are so important to the parties involved. It is an attorney’s job to offer expertise in the legal process and offer rational advice to their clients. Making well informed decisions can help you avoid coming back to Court in the future and can help parties confidently move forward with their lives. If you feel you could benefit from the advice of an attorney in your family law matter, please call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

Exchanging Finances with My Ex – Do I Have To?

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There is a new statutory language in Wisconsin which automatically requires parties with minor children to exchange certain financial information regarding income on May 1st of each calendar year.  Pursuant to Wis. Stat. § 767.54, in an action where the court has ordered a party to pay child or family support, both parties must annually exchange tax returns, year end paystubs, a recent paystub and any other documentation regarding income from all sources for the 12 month time period preceding the exchange of information.  Even though this is a standard law and provision that is often incorporated into parties’ Marital Settlement Agreements, paternity rulings, and other family law orders, many individuals do not know about this statute or fail to take steps to enforce it. 

When working with individuals wanting to modify a child support order, our first question is always “Is your ex making more money than they were at the time of the original order?”  Most of the time, the answer is either “I don’t know” or “I know they are making more, but I am not sure how much.”  The new statutory language requiring the exchange of income information would assist in answering this question and gives a party the basis for requesting that information.  You absolutely must provide documentation regarding your finances, especially if specifically requested by the other party, or they may have a basis to pursue a contempt motion against you and you may even be responsible for paying their attorneys’ fees for bringing forth that action.

The reason for this is that the award of child support may change if there is a substantial change in circumstances which is based upon any increases or decreases in a party’s income.  Where one party is awarded primary placement, the other party’s income increases will be of higher importance.  Where there is a shared placement schedule, both parties’ changes in income are equally important. 

Why don’t parties follow this rule?  Many times, parties don’t want to go through the hassle of going back to court or doing the math to calculate a new amount every single year.  Others do not feel comfortable directly asking for the other party’s finances or providing their finances to the other party.  However, child support is considered as a payment not for a party, but for the child during that party’s placement time.  As such, it is important for parties to exchange financial information in this manner to ensure that the child is receiving as much support as needed.

Because many parties do not follow or do not know about this rule, the Child Support Agency often revisits prior child support orders after 33 months have lapsed.  The statutes provides that after 33 months, there is a presumption of a substantial change in circumstances upon which a modification of child support may be based. In that case, the Child Support Agency may file a motion to modify child support at that time.  By requesting financial information every year, you can assess whether there needs to be a change in child support and can get a start on filing your motion sooner, since the court cannot retroactively award child support prior to the date of service of any such motion. If you want to change a child support order, the best way to maximize the support is by filing as soon as you learn of a substantial change in income. Or, if your circumstances have changed to the extent that you can no longer pay the support you have been ordered to pay due to a reduction or loss of income, you should file a motion as soon as that occurs.

Stipulations or Partial Agreements Entered Before Divorce or Legal Separation Judgments in Wisconsin

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In Wisconsin,  2021 Wisconsin Act 204 has been signed into law which changes how the courts may enter initial orders regarding custody, placement, and child support for minor children, maintenance, property division, or other related matters. This new law is now incorporated into the Wisconsin Statutes as §767.333. Starting March 20, 2022, a Court may approve as a final order (referred to as an “initial” order in the statute) a stipulation, or partial agreement, regarding custody, placement, child support, maintenance, property division or other related agreements before the judgment of divorce, legal separation, or annulment.

This is important because these agreements will be considered final even if there has not been a judgment of divorce, legal separation, or annulment yet granted. This means that the court would then apply post-judgment statutory standards regarding modification of final orders if a party is requesting a change in the order, even though the underlying divorce, legal separation, or annulment may not be final. Depending on the issues that are agreed upon in the stipulation, this statute notes the specific legal requirements  to address post-judgment motions to modify these final orders.

Because of the finality associated with these types of stipulations, the statute requires that before the court enters the stipulation as a final order of the court, there must be a hearing before the court, on the record, where the court confirms that the parties understand the terms of the stipulation, and the Court also ensures that the parties intend for the stipulation to be considered final. It is helpful to note that this hearing must be held with both parties present, either physically present, or attending by phone, video, or electronic means, to enter these stipulations as final orders.

This change in the statute is very important in cases involving custody and placement issues for minor children. Often, parties are unaware that their initial agreements, incorporated into the Judgment of Divorce, Legal Separation, or Annulment, cannot be modified within two years of that judgment unless that party requesting the modification can prove, with substantial evidence, that not making that change to custody or placement would be physically or emotionally harmful to the best interest of the child or children. After two years from that initial judgment, a party requesting a modification must show a substantial change of circumstances since the last order affecting placement or custody. Given these requirements, it is much more difficult to change custody and placement within that two-year timeframe.

For example, if it takes an additional six months for the Court to issue a final judgment of divorce because there were issues that had to be determined in a trial, but the Court entered a stipulation regarding custody and placement as final orders in the middle of the case under the new statute, then as of the date of divorce, the parties would already be six months into that two-year timeframe.

This can also mean that Partial Agreements regarding property division or other financial matters become final and cannot be changed after the court approves that Agreement.  This is sometimes disadvantageous if a divorce is not yet finalized because circumstances can change.  You may or may not want to lock in a financial agreement prior to the final divorce judgment.  In either case, it important to be aware of what the consequences of entering into that Partial Agreement.

Given the change in the law, it is important to understand what you are agreeing to before entering a stipulation, or a Partial Marital Settlement Agreement, in your divorce, legal separation, or annulment matter. It is important to know what such stipulations may mean, if they are final, and what finality means if something changes after entering these stipulations. If you have questions, or concerns, regarding how this new law may affect you in your family law matter, please call Nelson, Krueger & Millenbach, LLC at (414) 258-1644 to schedule a free initial consultation to discuss your case.

Wisconsin Passes New Law Allowing for Contingent Placement Orders

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In the past, the courts in Wisconsin have found that orders based upon contingent events – meaning future events which have not yet occurred – were unenforceable as a matter of public policy.  However, under the newly passed 2021 Wisconsin Act 20, the courts are now allowed to enter, and enforce, placement orders to change based on a contingent, or future, event.  The law states that parties can modify a current placement order by stipulation based on the occurrence of a specified future event that is reasonably certain to occur within two years of entering into the agreement.  Previously, placement could not change in an agreement based upon a future event.

For instance, both parties can be reasonably certain that a four-year-old child will enter kindergarten within two years of coming to a placement agreement.  The parties can now agree that their placement schedule will change when that event occurs.  Parties can stipulate to something like one party having primary placement until the child enters kindergarten.   

Note that the act only applies to contingent events and not behaviors.  Specifically, the act states that parties can’t stipulate to contingent behaviors like a parent entering an anger management course, receiving drug or alcohol treatment or therapy, or incarceration. This means that the parties can’t assume that one parent is going to change their behavior and stipulate to changing their placement order based on successful change.

What does this mean for you?  The Act allows parents and the court to address the foreseeable benchmarks in a child’s life in their stipulation. In turn, this may reduce litigation and may save parents both time and money.  Less litigation may also mean less stress on a child.  However, be wary that this law may be a narrow exception to the general rule against a contingent agreement.  Ultimately, the contingency law permits parties to make great strides in stipulating to anticipated changes in their placement orders.

Do you have any questions about contingent custody and placement?  Contact Nelson, Krueger & Millenbach, LLC at (414) 258-1644 for a free consultation.

Should I Opt Out of the Monthly Child Tax Credit Payments?

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Starting July 15, 2021, families will start receiving advance Child Tax Credit (CTC) payments on a monthly basis for the remainder of this year. However, it is important to consider whether your family should opt out of receiving those payments. In fact, families can use the “Child Tax Credit Update Portal” to opt out of these payments, and instead receive the full tax credit after filing their 2021 tax return. In determining what is best for your family, reach out to your tax preparer or seek out the advice of a CPA to help you come to your decision.

For the year 2021, the tax credit for children under 6 is $3,600; and the tax credit for children between 6 and 17 is $3,000. A parent who files taxes with children under the age of 17, will receive the full benefit if his/her income is less than $75,000; and will get a reduced amount if he/she earns between $75,000 and $90,000. Those who file jointly, with children, will get the full credit if their combined income is less than $150,000; and will receive a reduced amount if their combined incomes are between $150,000 and $170,000.

For example, it may be wise to opt out if you typically use your child tax credit to reduce your tax liability, or if you get a significant raise that effects your income eligibility threshold during the 2021 tax year. If a person receives the advance Child Tax Credit payments, but their income goes up during 2021 to where they would not be eligible for the advance payments, they will have to pay back the amount of the credit that was paid to them in advance. This could be significant given the increase in the value of the tax credit.

Parents who are going through a divorce, are divorced or who have paternity support orders also need to be especially careful. It is common that parents who have court orders through a paternity action, or through a divorce action, allocate who can claim the child dependency tax credit each year. The IRS does not know what parents have agreed to, so the structure of these Child Tax Credit payments do not take into consideration these agreements. Instead, the parent who claimed the child on their 2020 or 2019 tax return would be eligible for the advanced payments. However, if you alternate years for the tax credits, and 2021 is not your year to claim your child or children, you will likely have to pay back the advanced Child Tax Credit to the IRS or to the other parent. This can end up being confusing for families in two households. It will be important to review your court orders, and to seek out the advice of a tax preparer or CPA, to determine whether to opt out of these payments to avoid issues with the IRS, or in your family law case.

In order to opt out of these advanced payments go to the IRS website and follow the instructions provided on their website to opt out. That information is available at: https://www.irs.gov/credits-deductions/child-tax-credit-update-portal. We cannot offer tax advice and, therefore, it is always a good option to seek out the advice of a tax preparer or CPA to help determine what is right for your family.

What the American Rescue Plan Means for Families

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President Biden signed the American Rescue Plan on March 11, 2021. This bill, otherwise known as the Covid relief bill should have a positive effect on families. Here are some important points to know for your family:

Stimulus checks

This law provides stimulus payments up to $1,400 per person, including for each minor child. The full amount goes to individuals earning less than $75,000 of adjusted gross income, heads of households, such as single parents, earning less than $112,500 and married couples earning less than $150,000. However, as incomes go up, the stimulus payment phases out more quickly than in previous stimulus payments. Individuals earning $80,000 per year, heads of households earning $120,000 per year, and married couples earning $160,000 will not see a stimulus payment.

Stimulus money for children is assigned based on who claimed a child on the last tax return filed. In a divorce or paternity situation, a child is typically allocated as a deduction in an order or judgment. Therefore, whoever is allowed to deduct that child for that tax year will typically receive the stimulus money. Some attorneys put prospective language in a final agreement or order which specifically states that any tax refund, tax stimulus or rebate should be equally divided. You should check your divorce judgment or paternity order for this kind of language. Lastly, you should discuss with the other parent whether they would be willing to equally divide the stimulus money. If you believe that none of these options end in a fair result to you, then you could file a motion with the court asking that you be awarded one-half of the stimulus money for that child. The courts have been very sympathetic to this argument.

Unemployment Assistance

There will be a $300 federal increase to weekly unemployment payments. The law also makes the first $10,200 of unemployment payments tax-free for households with annual incomes less than $150,000

Nutrition Assistance

The law further extends the 15% increase in food stamp benefits through September 2021. The law also extends the Pandemic-EBT, which will provide families whose children’s schools have closed with funding to replace reduced-price and free meals that children would have received if schools remained open, through this summer.

Housing Aid

This law provides about $20 billion to state and local governments for low-income households to cover back rent, provide rental assistance, and assistance for utility bills. It also provides $10 billion to help homeowners who are struggling to pay their mortgages, property taxes, and utilities.

Tax credits

Tax credits for families was also increased, where the child tax credit was increased to $3,600 for each child under 6 and $3,000 for each child under 18. This increase is available for single parents with annual incomes up to $75,000 and joint filers with annual incomes up to $150,000.

Hopefully the American Rescue Plan assists your family during this difficult and uncertain time. If you have questions, or concerns, regarding how the American Rescue Plan may affect your family during a divorce, or existing orders regarding child support and other financial issues involving your children, please call Nelson, Krueger & Millenbach, LLC at (414) 258-1644 to schedule a free initial consultation to discuss your case.

–Attorney Aislinn Penkwitz

 [MS1]Minors get the 1,400 too?!

Be Careful of What You Post on Social Media During Your Family Law Case

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Woman chatting with her boyfriend via smartphone app. She broken heart sitting and crying. Unhappy depressed girl in flat design.

Going through any family law action is an extremely emotional experience that may make you throw your decision-making skills out the window. Recently, we have seen parties release some of these emotions by posting on Social Media (Facebook, Instagram, Twitter, Snapchat, etc.). While social media is a fun way to share your life with your friends or followers, it should not be used to discuss what is going on with your divorce or paternity case.

You should be very careful of what you post on social media during your family law case. Nothing that you post on social media is private and it may be used against you in the legal process. While you may have your account on “lockdown” or “private” that does not always mean that your account is, in fact, private. Friends, family members, or followers can screenshot your account and send your “private” posts to the other party and their attorney.

Below, I am going to discuss some things to ABSOLUTELY NOT POST on your social media accounts during your pending divorce, paternity or post-judgment proceeding.

  1. Anything to do with your legal case.

Remember this is a highly stressful time and you may not be in the clearest state of mind, so what you post, while it may make perfect sense to you, could be taken out of context and could potentially cause you more problems than you intended. Anything that you post on social media can be used against you in your proceeding, no matter how you intended the post to be conveyed.

2. Bad mouthing the other party, making threats and/or using profanity.

You may think that bad mouthing the other party may embarrass them into “giving in” to your wants, but in reality, the court may deem you as abusive, harassing, unreasonable or uncredible. In fact, if you make threats against or negative statements about the other party during the proceeding, that may be grounds for the other party to file a harassment injunction against you.

Threats to judicial officials (Judges/Commissioners), guardian ad litem and opposing counsel, can be criminal felony charges under Wisconsin Statute Section 940.203. Think twice before posting anything that could be construed as a threat to anyone who is involved in your  court proceeding, especially the other party.

3.  Additional income or side jobs.  

If you are in a child support or divorce proceeding and you claim to be unable to pay the other party and you post a picture of your recent trip to Turks & Caicos, the court may infer that you have funds available to pay support, property division payments, or attorney fee contributions. If you claim that you are unable to seek employment for reasons and are unable to pay the other party, please do not post on Facebook that you have an alternative  income stream such as a cash only business. Not only could the court impute an income to you, but the court will make you verify that income and could lead to possible tax implications.

4. Drugs and/or partying.

Posts of you partying or doing drugs may be used against you during your proceeding to show that you are an unfit parent. For example, do not post pictures of you drinking on days that you are scheduled to have placement of your children. This could ultimately lead to you losing placement time of your children and could potentially have other legal ramifications against you.

It may be best to take a break from social media while your case is pending, or to have a neutral party such as a friend review any posts you want to make.

Overall, it is best to take a step back from social media during your legal proceeding, because the consequences of  one negative or questionable post, may outweigh any gratification from making the post.

Do’s and Don’ts of Court Hearings by Zoom

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Due to the COVID-19 pandemic, many court systems have changed to an online video conferencing format using Zoom. Because of this, your home, office, car or any place with a reliable internet or wi-fi connection becomes an extension of the courtroom. Detailed below is how the court expects you to act during a Zoom call and how to log into Zoom.

How to log into your Zoom Hearing:

  1. On your device please use the link https://Zoom.us/ and click join a meeting in the upper righthand corner.
  2. This will take you to a page that reads Join a Meeting. Your attorney or their assistant will send you the Meeting ID and Password information before your hearing. This may be contained in a formal Notice of Hearing. The information in that e-mail will contain your Meeting ID and Password.
  3. After you enter the Meeting ID and click “Join,” a new page will appear that will ask you to enter your Password. If you do not already have a Zoom account, this page will ask you to enter your “username.” Please enter your full first and last name into the username box. Then enter the Password your attorney sent you.
  4. If you already have a Zoom account, please double check that your username is your full first and last name in your account profile.
  5. You may be taken to a waiting room or pulled directly into the hearing. If you are put into a waiting room, there is no need to panic.  You will be pulled into the hearing when the court is ready for you. Please be aware that the court system sometimes does not run on time and you may be waiting for a while.
  6. When you are pulled into the hearing, the Judge or Commissioner may or may not mute you. We ask that you mute yourself during the hearing. The mute button is in the bottom left hand of the screen and looks like a microphone If you need to contact your attorney during the hearing, please e-mail them as they will have their e-mail open during the hearing.
  7. If you have any concerns during this process, please call our office and someone will be more than happy to assist you.

Zoom Do’s:

  1. Do log into Zoom at least 10 minutes early to your hearing to make sure your username is your first and last name and to test your audio and visual connection.
  2. Do ask someone from our office to do a practice run of your hearing If you are unsure on how to use Zoom.
  3. Do make sure the device that is connected to Zoom is fully charged or you have access to a charger during your hearing.
  4. Do dress like you would if you were going to the courthouse.  Please note – this includes pants! Would you wear sweat pants or a tank-top to court? No.
  5. Remember, where you log-in to the hearing becomes part of the court room.  Therefore, do situate yourself in a quiet place with no distractions and with no one else in the room. If you have a child(ren) and are unable to find child care, please do your best to make sure they are quiet and not in the room with you. Remember, court proceedings are for adults, not children. The Judge or Commissioner does not want children to hear what is going on during the Zoom hearing. This also goes for household pets. Please make sure they are not in the room with you or in a place where barking or other behavior will interfere with the hearing.
  6. Do have your e-mail open as your attorney may e-mail you during the hearing.
  7. Do mute yourself during the hearing unless you are asked to unmute yourself by your attorney or by the judge. The mute button is in the bottom left hand corner of screen when you are in the hearing.
  8. Do make sure your video is on.  The court wants to make sure it is actually you who is participating in the hearing and no one else is inappropriately present in the hearing (i.e. children).  Your video button is a video camera icon on the bottom left of your screen.

Zoom Don’ts:

  1. Don’t eat food on the Zoom. You may drink water on the Zoom.  If you do please do not use a cup or mug with logos or inappropriate sayings/pictures.
  2. Don’t speak during the Zoom unless your attorney or the judge asks you a question directly.
  3.  Don’t use the chat function on the Zoom application. This chat can be read by anyone in the Zoom, even if you think you are direct messaging someone.
  4. Don’t Zoom and drive. If you are doing the hearing from your car, please have the car in park so your full attention is on the hearing.
  5. Don’t record the hearing. It is illegal.

We hope this list of Zoom Do’s and Don’ts explains how the court expects you to act during your hearing. If you have any questions regarding this list or how to log into your Zoom hearing, please ask your attorney directly.

BEWARE OF GIMMICKS AND FLAT FEES WHEN HIRING A DIVORCE ATTORNEY!

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In this digital age, there is much competition among any business but, in particular, among lawyers.  Most lawyers practice in one particular area or niche such as personal injury, drunk driving, bankruptcy or divorce.  We have all seen the commercials which can be tacky, harsh or, frankly, even embarrassing!

In some areas of the law, many lawyers ascribe to the quantity over quality philosophy.  Their goal is to get as many clients in the door as possible and they often succeed.  However, that does not mean they are good attorneys or provide quality representation to their clients.  It simply means they are good at advertising.

In the area of divorce or family law, it is even more important to stay away from this gimmicky type of advertising.  Your entire future, and the future of your children, could depend on your attorney.  You need to have experienced and caring representation to guide you through what can be the most difficult time in your life.  So, what can you do to ensure you pick the right divorce attorney?

Most people start with an internet search.  Searching for terms such as experienced divorce attorney/lawyer or best divorce attorney/lawyer in your specific city or county is typically a good place to start.  This will bring up a list of attorneys either in the Google Business Pages (in the directory with the map) or the organic search engine results.  Most search engines have an algorithm which takes into account a variety of factors.  However, the attorneys at the top of these search results are typically (a) the attorneys who have the most and highest reviews and (b) attorneys who have the most long- standing websites. Therefore, these attorneys are typically the ones who are the most experienced and highly rated attorneys in your area.  But, buyer beware, some attorneys listed high in either results may also just be the ones who pay the most to advertise.  Make close note if the word “ad” appears next to or within the listing.  This means that the attorney has paid to appear high on the page or high on the Google Business listing results.

Once you choose an attorney or law firm to look at from these results, you need to investigate further.  First, go to their website and check it out.  Who are their attorneys?  Look at their profiles and what is their experience?  How long have they been attorneys? Do they have any awards or specific recognitions identified?  What are their practice areas?  What is their philosophy about the area of law they are practicing in?  Having the most attorneys or a high number of attorneys doesn’t mean much in the area of divorce law. 

Next, look at the details of the firm itself.  Where are they located?  Is this a convenient location for you?  In what areas or counties do they practice?  If they limit their practice areas, that means they are familiar with and are well known in those particular counties.  This will help you and your case.  Has the firm received any awards or recognitions?   Do they offer free consultations, or do they charge for their consultations?  Do they discuss fees on their website?

When discussing fees, beware of gimmicks! If it is too good to be true, it probably is! Many lawyers are advertising flat rate fees now.  However, the economics of a divorce and a law firm are not very conducive to flat rates.  For example, if a firm has numerous lawyers, they have to be paid somehow.  If they have numerous locations, the rent and expenses need to be paid in all of those locations.  So, either the flat rate is often very high from the start or there will be a “catch.”  It will say “starting at” or the flat amount will only cover a certain part of the divorce.  A recent case with one of these law firms had one party paying a $7,000 flat rate but, because it was a simple divorce, the other party whose lawyer charged hourly only paid about $3,500 in total fees.  While it is predictable at the start, a flat rate is NOT always a good deal. And what happens when the simple divorce becomes not so simple? Will the firm demand more money to continue on the case?  What if your case demands attention, such as the issuance of subpoenas or depositions, but your flat fee does not cover that?   If you are contemplating hiring one of these attorneys, read the contract very carefully and make sure you understand ALL of the terms.

What is also crucial when selecting an attorney is to know who will be with you throughout your case. Will your file remain with the attorney who you hire, or will you be shuffled around the firm? Having consistency in your representation is so very important. Without this, you are telling your story over and over and lacking continuity of representation.

You should also check the reviews for the attorney and law firm.  The reviews should be from an independent, neutral source like Google or Yelp, not the reviews which are posted on the attorney’s website. Reviews that are posted on the firms website are controlled by the firm. They can post the positive but leave out the critical.    In the area of family law, it is important to note that not all negative reviews are accurate since sometimes the opposing party is angry when a lawyer obtains a good result for their client so you should read those carefully. For more information on attorney reviews, please see our blog here:  Lawyer Reviews – Reader Beware!

Of course, a personal referral is also important when retaining a divorce attorney. Having a recommendation from a family member or friend can be the most valuable resources when considering attorneys.

Once you choose a lawyer or two who you feel will best meet our goals and objectives,  contact their office via email or telephone to schedule a consultation.  How does their staff treat you?  How do they handle appointments?  Do they answer your questions, especially about fees?  If a lawyer gets on the phone right away, that is not necessarily a good thing! That usually means that their lawyers are not busy.  Most well-respected attorneys have a healthy caseload and an appointment is required, just as if you were to call a doctor or any other professional to schedule an appointment.  On the other hand, if you can’t get an appointment for weeks, that is also not a good thing!  That means the attorney may not have time for you or your case. 

When meeting with the attorney, judge their demeanor.  Do they seem interested in you and your case?  Do they seem knowledgeable about the issues you may face?  Are they willing to answer your questions?  Keep in mind that lawyers cannot give you legal advice unless you are client, but experienced and caring lawyers can at least give you an idea as to what you may expect from your case.  Are they willing to explain their billing and office practices?

So, when hiring a divorce or family law attorney, shop around.  Ask questions.  Meet with more than one attorney.  As exhausting as that sounds, it is in your best interests to do so.  Go with your instincts and who you feel the most comfortable with.  Make sure the lawyer provides detailed, monthly billing and a detailed written fee agreement which clearly sets forth what you are being charged for and how the billing at that firm works.  Also make sure that the lawyer sets forth clearly the expectations for both you and your case.  A lawyer should be able to advise you how the process works, what you might expect and possible outcomes given the facts of your case. 

Any lawyer who can tell you what your divorce will cost or what results you will receive is not being truthful with you. There is no way to tell how the case will proceed.   Therefore, it is impossible to classify a divorce as “contested” or “uncontested” before it even begins. Those are factors that cannot be pre-determined or predicted and fees should not be decided up front based on unrealistic expectations or predictions about a case.  This is just a gimmick and should be treated with healthy skepticism.  It is more important that you find a divorce attorney with  reasonable fees, a reasonable retainer, and transparent billing practices, who is also experienced and caring.

What documents Should You Collect Before Divorce?

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When a married couple decides to end their marriage, they may be initially too wrapped up in the emotional side of divorce to begin preparing for the process. This is completely understandable. Divorce is a big change, and it can be one that comes unexpectedly for many spouses.

It may take you a bit of time to get your bearings. However, it can be advantageous to begin preparing for divorce sooner rather than later.
Which documents are important to collect?

Collecting documents may be one of the first steps you want to take to prepare for divorce. During divorce, both you and your spouse will need your own copies of all your family’s important documents. By acting early, you can reduce the chance that some of those important documents disappear or become unavailable to you.

Some of your family’s documents you may want to collect, include:
• Tax returns from the last five years
• W-2s
• Pay stubs
• Bank statements, including investment accounts
• Employment contracts
• Benefits statements
• Retirement account statements
• Mortgage statements
• Loan applications
• Deeds to all properties
• Utility bills
• Vehicle registrations
• Estate planning documents
• Monthly budget documents

This list can appear overwhelming, especially if it will take some hunting to find some of these documents. However, going through your family’s paperwork and getting yourself organized can be cathartic. It can help you get an idea of some of the details that will need to be hashed out during your divorce, and it can help you envision what your post-divorce future may look like.

What should you do with the documents after collecting them?
When you have collected all the documents that you need, you may begin to think about where you might store them. Remember that you and your spouse will both need copies of these documents. However, you will want to make sure your copies are kept in a secure place where they won’t easily be tampered with.

You also may want to consider how you will organize these documents. You are not obligated to keep the organizational system that you used in your marital home. The system you use only needs to make sense to you.
You went to all the trouble of finding the documents once. It can reduce your stress during your divorce if you have similar documents grouped together in a way that allows you to find a particular document as soon as you need it.

Divorce can certainly be an emotional process, but it is also business. If your marriage is ending in divorce, it may be reasonable for you to take the necessary steps to protect your interests. Collecting the right documents early in the process can be one step that helps you achieve more of the divorce outcomes that matter most to you.

 

Guidelines for Parents Who Are Sharing Custody of Children During the COVID19 Pandemic

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The American Academy of Matrimonial Lawyers (AAML) in conjunction with the Association of Family Conciliatory Courts has put out seven guidelines for parents who are sharing placement of their children during the pandemic. Wonderful advice from the top family lawyers and mental health professionals in the nation.

From the leaders of groups that deal with families in crisis:

Susan Myres, President of American Academy of Matrimonial Lawyers (AAML)
Dr. Matt Sullivan, President of Association of Family and Conciliation Courts (AFCC)
Annette Burns, AAML and Former President of AFCC
Yasmine Mehmet, AAML
Kim Bonuomo, AAML
Nancy Kellman, AAML
Dr. Leslie Drozd, AFCC
Dr. Robin Deutsch, AFCC
Jill Peña, Executive Director of AAML
Peter Salem, Executive Director of AFCC

1. BE HEALTHY.

Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.

2. BE MINDFUL.

Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate.

3. BE COMPLIANT with court orders and custody agreements.

As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.

4. BE CREATIVE.

At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.

5. BE TRANSPARENT.

Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.

6. BE GENEROUS.

Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

7. BE UNDERSTANDING.

There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances.

Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

 

Wisconsin Family Law and COVID-19

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WE ARE HERE FOR YOU!

In response to the Coronavirus or COVID-19, the health and welfare of our clients and our employees are our top priorities. We are closely monitoring the rules and procedures for our state and the courts, and the CDC recommendations which are constantly changing. Therefore, please visit the Nelson, Krueger & Millenbach, LLC COVID-19 page for the most updated information.

As always, please feel free to contact us by telephone or email, as we are working remotely and are available for our potential and existing clients. Stay safe and healthy!

I Hit the Jackpot! Does That Mean My Spouse or Ex-Spouse Did Too?

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When someone wins the lottery, it can make headlines. When West Allis local Manuel Franco won the $768 million Powerball in April, it was big news for weeks. State lotteries are becoming a growing phenomenon, with the winnings often accruing well past the million-dollar mark. So, if you hit the jackpot, does that mean your spouse or ex-spouse did too?

Let’s talk lottery winnings and divorce. Say you’re in the middle of a contentious divorce, and the stress of it all has you on edge. You’re at the gas station filling up your car on the way home from work, and you feel like you need a win. So, you try your luck and buy a Powerball ticket. Unbeknownst to you at the time, that lottery ticket is going to make you a millionaire. The Wisconsin Lottery does the Powerball drawing, and you find out that your ticket won you the $400 million jackpot.

So, now you’re wondering – how does this big win impact my divorce?

The short answer is, those winnings are now property of the marital estate. Since Wisconsin is a community property state, the court is going to presume that your lottery winnings should be split equally. Although this may seem unfair, it is consistent with how family courts in Wisconsin split other assets (and debts) in a divorce. When considering the marital estate, the lottery winnings will go in the “assets” column of your estate, and your soon-to-be-ex will likely get a chunk.

Although Wisconsin is a community property state, that does not necessarily mean your spouse will necessarily get exactly half of the winnings. The court can unequally divide assets based on a variety of factors.  From an equitable standpoint, the court could decide that it is unfair to equally divide the lottery winnings based on the fact that the ticket was purchased after the divorce action was filed.  However, a recent case in Michigan found that the husband was required to pay the wife nearly one-half of his winnings under the same circumstances, finding that because he had regularly played the lottery during the marriage, the losses he incurred came from the marital estate so the winnings should be equally shared as well.

Further, the court will likely consider the “final” winnings from the lottery –even if you win a $400 million jackpot, there will be taxes and other deductions from that amount. So even though you win $400 million, it doesn’t mean your ex gets $200 million and you’re stuck having to pay the taxes and other deductions out of your share. Those should be split equally.

So, what happens if you aren’t in the middle of a divorce, but you’re paying child support to her pursuant to a court order from a prior divorce, or a paternity case?  Or, you aren’t divorced yet but you still would owe child support or possibly maintenance?

In situations where you are ordered to pay child support, the court generally weighs two factors when they set child support: your placement schedule, and your income. If you’re unsure how child support gets calculated, check our other blog posts for more information on calculating child support. So now you’re asking yourself – are my lottery winnings income? Those winnings aren’t regularly recurring (if you take the lump sum payout option), and you aren’t guaranteed future lottery winnings. How can they call lottery winnings “income”?

Unfortunately for you, the court can consider your lottery winnings as income when they calculate your child support. How they consider the winnings will depend (in part) on how you are being paid your winnings – did you take the lump sum payout option, or are you getting regularly recurring monthly payments of your winnings? If you are getting the regularly recurring monthly payments, then it is more likely the court will consider that “income” because it is regularly recurring and available for child support purposes. If, however, you take the lump sum payout, then it is less clear what the court will do. Child support is intended to “equalize” the households of both parents so that the children have similar experiences (and opportunities) at both parents’ houses. The court doesn’t want one parents house to the be “fun” house with lots of expensive gadgets and fancy food, and the other parents house to be boring. Clearly if one parent wins the lottery, the standard of living at their house is very likely to increase. Whether or not the courts would award the other parent a portion of your lump-sum winnings will likely depend on the facts specific to your case. It will also depend on the amount of winnings – if you win a $10,000 lottery, the court will look at those winnings differently than a $10,000,000 win.

Even though your winnings may be included for child support purposes, they may not be included for maintenance purposes.  The stated goal of maintenance under the law is to maintain your spouse at a standard of living enjoyed during the marriage.  Clearly, a large lottery jackpot is far above any standard of living that was enjoyed during the marriage.  There is a case in Wisconsin where the appellate court found that a post-divorce lottery win should not necessarily be grounds for an increase in maintenance to the other spouse for that reason.

The worst thing you can do, however, is to try to hide your winnings. Any time someone tries to hide assets during a divorce, the court could penalize that person by awarding the entire asset, or an unequal share, to the other party.  After all, one-half of $400 million is still $200 million dollars!

Navigating the family courts, whether its through a divorce of a paternity, can be complex. Introducing something like lottery winnings into the equation is likely to make things even more complicated. If you are going through a divorce of paternity case, contact the experienced attorneys at Nelson, Krueger & Millenbach, LLC at 414-258-1644 or at www.nkmfamilylaw.com for a free consultation to see what we can do for you.

 

 

Can the Court Award Custody of a Pet in Wisconsin?

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When going through a divorce, the process is typically focused on the “big” issues. For most couples, this includes the division of assets and liabilities, support, and the custody/placement of minor children (where applicable). Most attorneys and judges are well versed in these issues because they are foundational to divorces.

A less common issue is what happens to family pets in the divorce. Are they considered “property” to be valued and accounted for in the division of assets and liabilities? Or are they more similar to minor children, and require a placement schedule for each party to spend time with the pet? According to the current applications of Wisconsin state law, pets are generally considered “property” and will be considered in the division of assets and liabilities. Although parties can agree to share the custody and placement of their pets, it is currently an uncommon practice in Wisconsin and courts are unlikely to approve or enforce an order which attempts to address custody of a pet.

While Wisconsin does not have laws pertaining to “animal custody”, a recent national trend in the law regarding pets may change that. A number of states, including Wisconsin, have enacted laws recognizing the need to include companion animals in domestic violence protective orders, with some going as far as ordering that abusers pay financial support for pets in the care of a victim of domestic violence.  Wisconsin Statute § 813.12(4)(a) states, part:

A judge or circuit court commissioner may grant an injunction ordering the respondent to refrain from … removing, hiding, damaging, harming, or mistreating, or disposing of, a household pet, to allow the petitioner or a family member or household member of the petitioner acting on his or her behalf to retrieve a household pet…

Further solidifying this trend in recognizing pets as more than property, Congress signed a law entitled the Pets and Women Safety (PAWS) Act in December 2018. The PAWS Act provides shelter and housing assistance for domestic violence survivors and their pets, service animals, and emotional support animals. This law recognizes that pets are more than simple property to their owners..

Although Wisconsin does not have any laws specifically granting custody rights to pets in a divorce or family law case, the court can still consider the facts unique to your case.  Even though the pet is considered to be property, if there is a dispute as to who receives the pet, some of the factors the court may consider are: who first purchased the pet; was it purchased during the marriage or before; who is primarily responsible for caring for the pet.  These are all factors worth considering, and although Wisconsin law doesn’t require family courts in Wisconsin to consider pets as more than property, legislation like the PAWS Act makes it easier for attorneys to argue that pets deserve special consideration in legal actions.

If you have a divorce or family law matter involving a beloved pet, contact the experienced legal team at Nelson, Krueger & Millenbach, LLC at 414-258-1644 or visit our website at http://www.nkmfamilylaw.com to set up a free consultation.

 

Children as Beneficiaries on a Life Insurance Policy in Divorce

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When divorcing parties have minor children, the parents may want to consider what could happen if either parent dies before their children become adults.. While this is a very unsettling topic to consider, it is important and necessary to think about and include specific language in your agreement so as to protect your minor children. It is common for the court to grant an order and/or for parents to agree to require the parents to keep in effect or to obtain a life insurance policy, naming the minor children as the sole beneficiaries. This policy would essentially cover the remainder of the “child support” should a parent pass away and certainly would provide more financial stability for the child’s benefit. The court can also order that if a parent does not follow this order, (for example, changes the beneficiary on the life insurance policy or cancels the life insurance policy altogether), then the policy amount must be paid to the minor children from the deceased parent’s estate.  However, the problem with this remedy for violating such an order of the court has recently been addressed by the Wisconsin Supreme Court.

Recently, the Circuit Court in Waukesha County addressed this issue when a parent passed away shortly after the date of divorce.  The father was to name his children as the beneficiaries on his life insurance policy, with the value of $250,000, pursuant to the Marital Settlement Agreement, but instead he changed the beneficiary to his new spouse. Upon his death, the new spouse received the $250,000 life insurance payout, not his minor children. Based upon the parties’ Marital Settlement Agreement, the court could force the parent’s estate to pay the $250,000, but the parent’s estate only had $5,600 in it. Obviously, this  was a significant shortfall and unfair to the parties’ children.

The Circuit Court acknowledges that this was a “raw deal” for the children, but believed that there was no other option but to seek compensation from the deficient estate because of the language of the Marital Settlement Agreement.  The Court of Appeals, however, determined that the Circuit Court’s decision was in error because family court is a court of equity, and such an outcome unjustly enriched the new spouse to the detriment of the minor children and was in violation of the Marital Settlement Agreement.. The Court of Appeals overturned the Circuit Court, and ordered that the $250,000 be placed in a constructive trust for the minor children.   While this result is what the parties originally agreed to in their Marital Settlement Agreement, it was very costly and time consuming to get to this end result and protect the children in the case.

One way to avoid this issue is to include very specific language in a Marital Settlement Agreement to account for this situation and specifically include language allowing for a constructive trust as a remedy.  It is difficult to discuss topics like death during a divorce. Unfortunately, these considerations are necessary, even during a stressful divorce, in order to best protect your minor children and to avoid an unnecessary court battle in the event that children suffer the loss of a parent.  It is important to retain an experienced family law attorney to assist you through this process and to be aware of the changing law in this field.

If you are in the process of a divorce and wish to protect your children’s future support, please call our office at (414) 258-1644 to schedule a free initial consultation with one of our family law attorneys to discuss your case.

 

What Are The Benefits Of Divorce Mediation?

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Going through divorce can be a complicated, stressful, and costly process. Some couples, however, choose to work with a third-party neutral to help resolve disputes, alleviate stress, and reduce the expense of court litigation. This process is called divorce mediation. Many couples who choose to resolve their divorce differences through divorce mediation find the process to be empowering. Divorce mediation is an alternative form of dispute resolution that allows divorcing spouses to retain a strong voice in the outcome of their divorce settlement by agreeing in advance to attempt to resolve all issues in their divorce outside of court and with the assistance of a neutral divorce mediator.

Potential issues that may be resolved through divorce mediation are not confined to a specific area. A qualified, certified neutral divorce mediator can guide couples toward resolving complex issues related to:

  • Property division, including real estate, retirement accounts, other assets, and debts
  • Child custody and placement
  • Child support
  • Spousal maintenance
  • All other divorce related topics

The mediator in a divorce acts as a third-party neutral who works to facilitate discussions to resolve disputes involving any aspect of the divorce. Moreover, an experienced family law practitioner who is a certified divorce mediator and serves as a neutral in the case who can provide the parties with knowledgeable education and guidance concerning all of the available options to resolve a particular issue. This educational prong of the mediation process can help the parties to explore personalized solutions that best serve their individual goals and needs, rather than focusing on an all or nothing fight in court. It is important to understand that the mediator does not act as judge, seeking to impose a final decision to resolve disputes, nor can the divorce mediator provide legal advice. The mediator is a neutral in the case who works to facilitate reasoned discussions between the parties to arrive at workable and mutually satisfying solutions to disputes.

As of 2018, under Wisconsin law, your divorce mediator may now draft all of the documents to memorialize the final mediated settlement and the pleadings necessary in your divorce case.  In other words, from start to finish, a divorce mediator can assist you with facilitating your divorce through the court system. While the mediator does not represent either side, in preparing the legal paperwork, your divorce mediator can give you peace of mind that the documents are complete and follow Wisconsin law to reduce the potential for additional disputes down the road.

Avoiding litigation may reduce stress and higher costs of divorce

Mediation provides a range of important benefits that are not achieved through a long battle in court, such as:

  • More control over the outcome of the divorce
  • Reduced costs from the absence of litigation
  • Reduced stress through the elimination of litigation and contested hearings
  • A concurrent positive experience for the children of divorcing parents

Attorney Alison Krueger of Nelson, Krueger & Millenbach, LLC is a Certified Divorce Mediator. She can educate you and your spouse about the options to resolve your divorce disputes and the legal process to be divorced. Moreover, after you and your spouse have reached a settlement through mediation, Attorney Krueger can draft all of the documents to memorialize the final mediated settlement and the necessary legal documents to begin and end your divorce action through the court system. Properly prepared  legal paperwork with the assistance of a certified divorce mediator can give you peace of mind that the documents are complete and follow Wisconsin law to reduce the potential for additional disputes down the road. Moreover, Attorney Krueger can help you and your spouse prepare for court where a judge will finalize your divorce. This education on the process can help you to move forward with knowledge of what to expect, alleviating the stress of the unknown.

 

WHAT TO DO WHEN SOMEONE IS NOT FOLLOWING THE COURT ORDER IN A FAMILY ACTION

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When you obtain a court order after months of litigation, sleepless nights and mountains of attorney bills, you expect that this court order will be followed.  However, what happens when your former spouse or the other parent in your matter does not follow the court order?  What are your remedies and what can you expect to happen?

If you are faced with a situation where a party is not following a court order, you may be able to file a motion to have him or her found in “contempt”.  Contempt is a legal term which means that a person is deliberately and intentionally not following a court order.  The remedy for a contempt can range from financial sanctions, jail time and attorney fees.

At the contempt hearing it is important that you have evidence supporting your claim for contempt.  For instance, if you file a contempt motion because the other parent has not reimbursed you for half of the kid’s expenses, the court is going to want to have evidence that 1) the expenses was actually incurred 2) you presented the expense and the receipt and 3) he or she refused to pay.  In this circumstance, if you file a contempt, but do not have evidence that you provided the expenses request (email, certified mail or Our Family Wizard confirmation)  the court will be unable to find that the other parent acted intentionally in not paying you.  Accordingly, he or she will not be found in contempt.    Conversely, if you have documentation of emails, letters or the like requesting reimbursement and the other parent simply refuses it is likely the court will find him or her in contempt.   A person can be found in contempt for failure to follow any court order and the evidence required to support your client will vary.  It is crucial for the success of your claim that you have all the supporting documentation before you file.

If you are successful at a contempt hearing and the court finds the other party in contempt, he or she must be granted a purge.  A purge is a set of conditions that need to be complied with in order to avoid jail time. If a purge is not met, then the other party will have to serve the jail sentence ordered at the contempt hearing.  If the purge is met, then the reason for the contempt has been alleviated and the issue is considered resolved.

Attorney fees may be awarded if you are successful with your motion.  The amount of attorney fees awarded will vary depending on the circumstances of each case, the severity of the contempt and the amount of financial damage the contempt cost you.  It is also possible that you will not receive attorney fees despite the court finding the other party in contempt.  Contempt motions can be very detailed and require evidentiary hearings.  However, it is important that you do not tolerate the non-compliance of a court order.  Meet with an attorney to discuss your options.  At Nelson, Krueger & Millenbach, we will meet with you to discuss your case and help you evaluate your options so you can determine the best course of action.  Call us at 414-258-1644 to schedule a free initial consultation or visit our website at http://www.nkmfamilylaw.com.