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Milwaukee Divorce Law Blog

Divorce tips for those considering a split

Making the decision to file for a divorce can be a difficult one, and it's not made any easier by the uncertainty that some individuals can feel about their decision. Oftentimes people are not sure what to expect and it can make it a frightening proposition. With all the different problems that an individual can face, sometimes it is hard to know how to prepare. While every case is different, and some are more difficult than others, there are a few common pointers than an individual can use to help their divorce preparation go smoothly.

While financial matters may be important in a divorce amongst those with high assets, financial concerns are sometimes trumped by questions regarding child custody and visitation rights. Determining child custody can be an emotional taxing time, but many experts say that remaining collected and cordial can be helpful. They also suggest taking the feelings of your spouse into consideration. To that end, working with your spouse to keep both parents involved in a child life may be the best option. That being said, it's important to do what's in the best interest of the child, which sometimes means pushing for sole custody.

Documents reveal the details of NASCAR chief's costly divorce

It's common knowledge that with legal costs, property division, alimony payments and child support, divorces can be a financially complex and sometimes costly venture. This can be all the more true when considering contentious divorces with lengthy time spent in trial, or divorces involving a couple with significant assets. Newly unsealed documents show that the divorce case of Brian France, chief executive of NASCAR, has become a costly and ongoing proceeding with both spouses levying accusations of disparaging behavior at each other.

Brian France and his ex-wife have been married and divorced from each other twice, with their first marriage lasting from 2001 to 2004 and the second from 2005 through 2008. Center stage among the complications of their most recent divorce are financial matters. The documents reveal that France's ex-wife received $9 million in this divorce, along with additional child support and alimony payments totaling approximately $42,000 a month.

Lawmakers consider bill to widen domestic abuse enforcement

For many suffering from domestic abuse, being able to acquire a restraining order against their abuser is an important step. Yet, some of Wisconsin's victims of domestic violence, stalking and other forms of harassment are unable to secure a restraining order for one simple reason: their abuser lives outside of the state.

While restraining orders can be a critical part of providing safety to those who are being abused or harassed, Wisconsin's laws on restraining orders do not reach far outside of the state. In fact, Wisconsin courts do not currently have the jurisdiction needed to place a restraining order on a resident of another state. Some Wisconsin lawmakers think this should change and have introduced a bill to the legislature which would expand the courts ability to place restraining orders to non-residents.

Danica Patrick finalized divorce

Wisconsinites who follow NASCAR may have known that Danica Patrick, a female pioneer in the sport, has been in divorce proceedings with her husband since November 2012. On April 17th, the two finalized their divorce.

While some celebrity divorces can drag on for years, there are several factors involved in Danica Patrick's divorce that may explain the apparent ease with which their divorce was initiated and resolved. Of particular note, the two signed a prenuptial agreement when they were married in 2005.

Funding for child support enforcement may be cut 25 percent

Ensuring that child support payments are made on time is critical for any parent who depends on that money to provide for their child. Even more important in the process is being able to acquire the evidence needed to determine paternity in the first place. Both of these may soon become more difficult in Wisconsin, as the state may face a 25 percent cut in federal and state funding allocated to the enforcement of child support.

As a result of cuts made in federal and state budgets, Milwaukee County alone may face a $1.2 million reduction in funds, which could lessen county officials' ability to follow through on paternity tests. Furthermore, the state may also have less ability to seek court orders that it now uses to force parents to make their child support payments.

Governor proposes cuts to child support interest rates in budget

As was oft reported by media sources, Governor Walker announced his 2013-2015 state budget proposal. One detail most reports didn't take notice of, though, is that the proposal includes changes to the amount of interest paid on missed child support payments.

When an individual owes missing child support payments, known as "arrears," this value does not stay the same over time. Any sum of unpaid child support accrues interest at a rate of nearly 12% a year, which means that those who are late on their payments can often find themselves owing far more money than they were originally responsible for. The Governor's budget proposal suggests reducing this rate of interest by half to 6%, potentially as a means of encouraging those missing payments to begin fulfilling their financial responsibilities.

Is divorce the better option for kids?

Sometimes it is remarked that parents in a deteriorating relationship should stay together for their children's sake, to ensure that they have both parents around when they are needed. But is this the best choice for a child's wellbeing? Some commentators are beginning to think otherwise. While the rationale behind staying together may have merit, there could be unintended consequences that would be avoided through divorce.

The main goal in staying in a contentious marriage for a child's wellbeing is that a child will be better off with both parents. This may very well be true, but does that mean the parents cannot still seek a divorce? Some argue that if a divorced couple continue to put their child's needs first, making themselves physically and emotionally available to them, then it is possible for the parents to get divorced and still maintain a healthy relationship with their children.

Man suspected of domestic violence arrested after police standoff

After a tense standoff with police officers from five separate jurisdictions, a Milton city resident was arrested on suspicion of domestic violence and several other charges. Following a fight with his wife that brought about the attention of police officers, the man is reported to have locked himself in his basement while brandishing knives. Upon refusing multiple police requests to peacefully exit the basement, he was subdued with the use of beanbags fired through windows.

For many people living with abuse, incidents such as the argument which led to this police standoff may go unreported and unnoticed, leaving them in a potentially dangerous situation, perhaps even with children. Some may not know how to remove themselves from this situation, both physically and legally. However, there are options.

Facebook picture lead to felonies for delinquent child support

Child support is a serious legal obligation, and not abiding by the rules of a court judgment can lead to serious penalties. One Milwaukee resident is facing the consequences of being delinquent on child support payments after a Facebook picture led authorities to suspect he was not accurately reporting his income.

The Milwaukee resident posted a picture to his Facebook account which showed himself holding a large sum of money. The problem is that the 23-year-old has child support obligations for his 2-year-old child, for whom he has yet to make a single payment. Suspecting that he may be withholding money for child support, authorities reached out to Facebook requesting full access to the suspects account. With the evidence in hand, the D.A.'s office charged the young man with several felonies over the delinquent child support payments.

Deion Sanders wins child custody case

Determining child custody can be a difficult and emotionally trying time for those involved. While some proceedings can occur without any major incidents, perhaps due to agreements in mediation, disagreements over child custody can lead to trial, makes proceedings especially complicated. For instance, the recently settled child custody case of Deion Sanders and his ex-wife illuminates many of the potential obstacles present in a contentious child custody battle.

A decision was finally reached by the jury, wh0 granted Mr. Sanders complete custodial control of his two young sons and partial custody of his daughter. This means that Mr. Sanders will be the final authority on parental decisions regarding his sons, while sharing those decisions regarding his daughter with his estranged wife. The jury's verdict came as a disappointing, but partially expected, decision for Mrs. Sanders, who intends to appeal the decision.

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