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

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.

Handling The Holidays When Parents Have Family Law Issues

We have addressed this topic in our blog several times before. However, as the holidays are approaching again, we believe that it is an extremely relevant and important topic which deserves additional attention.

Managing holiday schedules can be cumbersome for any parent. When parents of minor children are facing family law issues or divorce, scheduling family gatherings during the holidays is often more complicated. In divorce, courts focus on the best interests of the children to determine child custody and placement matters. It may be difficult for parents who are at odds with each other to apply that standard in the way that courts do during a contentious divorce. Focusing on the children, however, in making holiday arrangements, instead of focusing on parental disputes, may provide a positive framework for easing strains in scheduling holiday events. Here are some tips parents may use to help keep the peace during the holidays:

Plan ahead – with communication

It is important to make arrangements well in advance of the holidays, while communicating the details with the other parent. Leaving sufficient time to work out disputes, possibly with the help of a lawyer, can help to avoid unwanted consequences. Realize that your attorney may have his or her own family obligations during the holidays. Waiting to the last minute to discuss arrangements with the other parent is likely to produce conflict which cannot be easily resolved.

Follow any court ordered parenting time schedules

While circumstances may change as the holidays approach, any court ordered placement plan should be followed in absence of an alternative agreement. If disputes or deviations from the plan unexpectedly arise, makes notes about what happened to have a record to accurately explain the facts to your lawyer when the holidays are over.

Avoid badmouthing the other parent

Badmouthing the other parent, or allowing the children to speak poorly about the other parent, should always be avoided. Be mindful of the fact that your child will have a continuing relationship with  the other parent. Moreover, your child should not be placed in the middle of your dispute with the other parent. It is important to understand that your child may miss the other parent, and other extended family members, when separated during a holiday. You should support your child during a difficult time. Allowing the child time to connect with the other parent over the phone or through other electronic means can ease tensions.

Keeping positive sends a strong message to children

Spend your parenting time positively with your child to foster a loving environment. Focusing on your child and remaining positive during the holidays can help you to create new memories that your children will cherish.

If you are considering filing for divorce, or expect your spouse to file after the holidays are over, it may be prudent to seek guidance. If you have any questions regarding your family law matter, please contact our office at 414-258-1644 to schedule a free initial office consultation.

Sara’s Law: A Law Intended to Protect Family Law Attorneys in Wisconsin

Family law is a unique area of law, often accompanied by an overabundance of emotions. Strong emotions typically tie in with family matters such as divorce, child custody and placement issues, and maintaining the co-parenting relationship for divorced or separated parents. It is not surprising that there are certain risks inherent with the officers of the court (attorneys, judges, guardian ad litems, etc.) involved in family law matters.

A tragic example is the story of Sara Quirt Sann, a Schofield, Wisconsin family law attorney. Quirt Sann, along with three other individuals (Everest Metro Police Detective Jason Weiland and Marathon Savings Bank employees Dianne Look and Karen Barclay) were killed on March 22, 2017 when Nengmy Vang carried out a violent attack on Quirt Sann’s office. Quirt Sann had been representing Vang’s wife in a divorce.

Quirt Sann’s story prompted the drafting of Wisconsin Act 272, colloquially referred to as “Sara’s Law” in memory of Quirt Sann. Sara’s Law was enacted on April 11, 2018 and makes it a Class H felony in the state of Wisconsin to harm or threaten to harm a current or former guardian ad litem, corporation counsel, attorney, or any of their family. Sara’s Law further specifies that the harm or threat of harm is in response to an action taken during a proceeding or other action that affects the family (i.e. a “family law” proceeding). Until Sara’s Law, threats made against family lawyers were not treated the same as judges, prosecutors, and law enforcement officers.

If a person is convicted under Sara’s Law, it would mean they are guilty of a Class H felony, which could result in the mandatory surrendering of weapons, a $10,000 fine, and up to six years in prison.

Sara’s Law is the first of its kind in the United States, and could prove to be indicative of a trend in American law to recognize and address the intrinsic risks with practicing an area of law so wrought with emotion. The attorneys at Nelson, Krueger & Millenbach, LLC are sensitive to the psychological and emotional tolls of family law, and are skilled in navigating these difficult matters. Should you have any family law related questions, please feel free to contact our office at 414-258-1644 to schedule a free ½ hour consultation with one of our experienced attorneys.  Or, for more information, visit our website at http://www.nkmfamilylaw.com.

 

 

New Wisconsin Statute Changes Procedures to Move a Child’s Residence

Governor Walker recently signed into law a Bill that changes the procedures that parents must follow in order to move or relocate with a child when both parents are granted any periods of physical placement. This change went into effect April 5, 2018, and affects any new actions, filed with the Court, requesting to move with a child. The new statute, Section 767.481, Wisconsin Stats., applies to cases that are originally commenced on or after April 5, 2018, or cases in which legal custody or physical placement order is modified on or after April 5, 2018. However, it is still somewhat unclear as to which cases this new statute applies to, and to which cases the previous statute still applies.

The previous move or relocation statute required that a parent seeking to move more than 150 miles or out of state to follow strict guidelines to provide notice to the non-moving parent of the intended move. The new statute requires that a parent seeking to move more than 100 miles from the other parent, regardless of whether or not that move includes crossing state lines, must file a motion with the court and include the following relocation plan:

  1. The date of the proposed relocation.
  2. The municipality and state of the proposed new residence.
  3. The reason for the relocation.
  4. If applicable, a proposed new placement schedule, including placement during the school year, summers, and holidays.
  5. The proposed responsibility and allocation of costs for each parent for transportation of the child between the parties under any proposed new placement schedule.

The new law also outlines how the parent not requesting a move must object to the move, which must be filed no less than 5 days before the initial court hearing. Also, parents are not required to file a motion if the parents already live more than 100 miles apart, however there are provisions requiring written notice in the event of a proposed moved.

The parties will attend an initial hearing within 30 days of the motion regarding the proposed move.  The Court will make a determination as to whether the proposed move is in the best interest of the child, or not. There are certain requirements outlined in the statute for the objecting parent to comply with such as the court may refer the parties to mediation, appoint a guardian ad litem, or set the matter for a further hearing to be held within 60 days of the initial hearing. The court can also temporarily allow the party child to move. The statute also outlines factors that the court shall consider in making a final decision to allow the child to move with the relocating parent at the final hearing.

This new relocation statute has a far reaching effect on how the court will now approach a parent’s request to relocate with minor child.  It is now even more difficult to move with a child out of state.  It is also unclear as to how the courts will interpret this new statute. These new requirements may have a direct effect on whether you, or your child’s other parent may move more than 100 miles away. If you are considering moving your residence with your child’s or believe that your spouse intends to move with your minor child, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

 

 

Domestic Partnership Registration Ending in Wisconsin

As of April 1, 2018, Wisconsin will no longer offer new applicant Domestic Partnership status in Wisconsin. The Domestic Partnership registry provides some important protections to unmarried

same-sex and opposite-sex couples. When this status was made available almost a decade ago, marriage was not a legal right for all persons. Now, marriage is a legal right in Wisconsin for all persons.

Some of these important protections that domestic partnership status includes are: family medical leave for a sick or dying partner, the ability to obtain health insurance for a partner, hospital visitation rights, application of spousal privilege so a domestic partner cannot be compelled to testify against his or her partner, the right to inherit if a partner dies without a will and the transfer of real estate between partners without taxes.

While this status does not provide the full legal protections that legally married couples are entitled to, it also does not require the same obligations. For example, in the event that a domestic partnership does not work out, there is no official “divorce” process and there is no requirement to share debts, support your partner, etc. This is part of the appeal to obtaining this type of status.

Importantly, couples who have already obtained domestic partnership status in Wisconsin or successfully do so prior to April 1, 2018, will still maintain the rights and benefits associated with this status after the April 1st deadline. If couples are not likely to get married this year, registering for this status before the April 1st deadline may be worth considering.

Should you have any family law related questions, please feel free to contact our office at 414-258-1644 to schedule a free ½ hour consultation with one of our attorneys.

What to Look for in Hiring a Divorce or Family Law Attorney

Once you make the difficult decision to pursue legal action such as a divorce, paternity action, or a a post judgement modification or enforcement motion in a family law matter, the next decision you are faced with can be as equally difficult. Will you hire an attorney and, if so, which attorney will be best suited to represent your best interests in your legal matter? There can be many attorneys to choose from and the internet may seem to be overloaded with information and options.  Below are some tips for what to look for in hiring a divorce or family law attorney.

 

If you do not have a direct referral to an attorney, most people start their search with an internet search with terms such as divorce attorney or ____ (fill in the blank with the type of attorney you are search for) attorney in your area.  This brings up a list of attorneys or firms who practice that type of law in that certain geographical area.  The attorneys or firms who appear on the first page or high up in the search results are often the attorneys or firms who have the best reviews or have the highest volume of cases in that particular area.  This generally means they are also the most experienced attorneys in that practice or geographical area.  Generally, people choose attorneys from those who appear first in those couple of pages.  From there, when searching for the right attorney, you may want to review an attorney’s or firm’s website, online reviews, and schedule a consultation. When doing this, there are a few things you may want to keep in mind. For example, a website can be very helpful in showing whether or not an attorney has kept their page up to date,  whether  they write articles or blogs, which can offer helpful information and tips and also provide insight into whether the attorney, or whether their firm, is truly knowledgeable in that area and stays up to date with the laws that apply to family law.  Websites can also provide information as to which specific areas of law an attorney or firm practices, how experienced they are, or whether they have won any awards or are members of any specific organizations.  For example, please review our website at www.nkmfamilylaw.com. All of this information can give you a better idea about how experienced an attorney is in the area you are searching for.  The more experienced an attorney, the better chance you have at receiving a positive result in your matter and/or obtaining the best possible advice about what may happen in your case.

 

When searching for an attorney, it is important to find out how the attorney how their fees are charged.  Some attorneys and firms charge an hourly rate and calculate your fees by the amount of time it takes to work on your matter. When you are considering attorneys, it is important to ensure that you will get an itemized billing statement on a frequent basis. Other firms may bill at a flat rate based upon the work that needs to be completed in your matter. That may be a cost-effective way to handle certain matters, but it may also be difficult to know if you are going to get the attention and dedication to your case once your flat fee has essentially “run out.” It is important to know what services the flat fee will cover, and if any future fees may be required if your matter becomes more time intensive, or if something changes in your matter, that would require additional fees and how much.

 

It can also be very helpful to look at online lawyer client reviews to help you when choosing an attorney. While many of these reviews can give you a better understanding of how the lawyer practices, it is also important to keep a few things in mind. Attorneys have certain ethical obligations that prohibit them from making any in-depth comments about client’s cases.  So, if you encounter a bad review of an attorney, keep in mind that the attorney may not be able to respond to the commentator, whose review may or may not be truthful or relevant to the quality of services that the lawyer or law firm provides. It is also helpful to remember that anyone can leave a review, including an unhappy or unsuccessful opposing party, which has been known to happen. There are also cases where a client is in the wrong or is the cause of the problems in their own case which causes an unfavorable result.  These clients often are the ones who leave negative reviews which really do not accurately reflect the competency of an attorney as a whole.  You should take into consideration the above if the majority of the reviews for the attorney or firm are positive, except for one or two.  To determine for yourself if the reviews are accurate, it may be best to review the attorney’s or law firm’s website and utilize a consultation with the attorney or law firm to decide for yourself if that attorney will best represent you in your legal matter.

 

Finally, you may be able to schedule a consultation with one or several attorneys to see who is right for you. Some attorneys and law firms offer a free consultation, while others may charge a fee for their consultation.  Whether there is a charge for a consultation or not does not necessarily indicate the quality of that attorney’s or law firm’s services.  Instead, consultations, like job interviews, are helpful for both clients and attorneys to ensure that there is a good fit for any future legal representation.

 

These examples show why it is important to consider many factors when choosing the best attorney to represent you in your family law matter. After reviewing our firm and our attorneys, we are confident that you will find we fit all of the above criteria.  If you wish to contact our firm to see if we can best represent you in your upcoming or pending family law matter, call us at (414) 258-1644 to schedule a free initial consultation to discuss your case.

Holiday Tips for Parents Going Through Family Law Matters

Now that the holidays are upon us, we want to remind parents who are going through family law matters of some helpful tips to ensure peaceful holidays for your family:

  1. Do not wait until the actual holiday to confirm plans/details. Be sure that you and the other parent are on the same page well before the actual holiday, so you do not have any conflict.  Keep in mind attorneys take off time over the holidays too so allow plenty of time to be able to contact your attorney, or so that your attorney can contact the other attorney, in order to resolve any disputes.
  2. If you have a disagreement about placement and the holiday is now upon you, follow your court ordered agreement and keep the peace. Take detailed notes of what happened and connect with your attorney about any concerns or violations of the court orders after the holidays.
  3. Unless there is a legitimate safety concern for your children, police contact should be a last resort, especially over the holidays.
  4. Do not speak ill of your ex in front of your children or around your children. This includes not speaking ill of your ex even to other family members at a family gathering while your children are in ear shot, or allow friends or family to make such comments around your children. There is no reason while your children need to hear about your conflict over the holidays.
  5. Do allow your children to talk about their other parent with you. Holidays are difficult for children when parents are separated, especially if this is new to the children. You should, however, support your children if they tell you that they miss their other parent. Consider allowing a phone call or Facetime chat, so that your children can connect with the other parent.  Perhaps in return, your ex will give you the same courtesy when you are not with your children during a holiday.
  6.  Above all, remember the holidays are about your kids. Ensure to the best of your ability that you make the holidays positive for your children. Maximize your holiday placement time with your children by spending quality time with them creating memories and new traditions.

If you have any questions regarding your family law matter, please contact our office at 414-258-1644 to schedule a free initial office consultation.

Happy Holidays to you!