Yes, she may do so within three days after birth to a hospital employee, police officer or an emergency medical technician. She may also call 911 and ask that the baby be picked up. The child will be placed in foster care at that time.
In Wisconsin, a spouse’s duty to support a child continues until the child is eighteen years old, or until age nineteen, if the child is still enrolled in high school or pursuing a high school equivalence course (GED).
How much child support does “Ms. X” receive if she has placement of her minor child every day overnight except that “Mr. Y” has placement every other weekend from Friday after school until Sunday at 3:00 p.m.? Generally, the answer is 17 % of Mr. Y’s gross income
Several standard, state-wide forms are available online at:http://www.wicourts.gov/forms1/circuit.htm
The available forms are listed by category, and very often unrepresented litigants will benefit from reviewing and filling out these forms.
A question that I am frequently asked in divorce cases is – If my spouse is allocated to pay the “discover” credit card (could be any debt) in our marital settlement agreement, and he/she does not pay that debt, can the creditor still request that I pay the debt in full?
The answer to this question is YES…A marital settlement agreement is only a contract between spouses. It cannot bind third parties (such as banks or credit card companies) that have not signed the agreement.  As such, “discover” credit card company can contact you and attempt to get you to pay the remaining balance on the card.
So, how can a spouse protect him/her-self? A marital settlement agreement is a contract, and if one spouse fails to pay a debt that he/she agreed to pay, that spouse breaches the contract. Your attorney should include protective language in the agreement that if one spouse fails to pay his/her allocated debts, he/she will indemnify and hold the non-paying spouse harmless from any costs, fees, or expenses that the non-paying spouse may incur. Ultimately, if your ex-spouse has failed to pay his/her allocated debt, you should contact an attorney to file a motion for contempt to protect your interests.
Each person’s divorce is different. Some divorces require experienced family law attorneys knowledgeable in the areas of custody and placement, support, property 
division and related issues. Divorce mediation is a litigation alternative which may impact the turmoil of divorce, both financially and emotionally. In many instances, divorce mediation offers innovative solutions that meet the interests of both parents and the best interests of your children. A trained divorce mediator can offer imaginative and creative resolutions to divorce issues including custody, support and other family law disputes.
Mediation is a process that brings divorcing spouses together in an effort to resolve differences through mutual problem-solving. The mediator is a neutral third party who facilitates creativity and resolution. Mediators facilitate communication between the divorcing spouses. Mediation is voluntary and generally involves one or more sessions between the parties and the mediator. Mediation does not necessarily mean that the parties are not represented by legal counsel. Legal counsel may work within the mediation process to represent the legal interests of one or both of the parties. Mediators do not give legal advice to either party. If an agreement is reached, mediators may assist in drafting a Marital Settlement Agreement. If mediation is not successful, the parties can resort to the litigation process. In selecting a mediator, make sure that your selection is well-trained and experienced in the mediation process.
For more information contact Attorney Lisa M. Vanden Heuvel at 1-800-805-1976.
Getting arrested for drunk driving is a life-changing experience which can significantly impact the rest of your life. An experienced attorney in the area of DUI/DWI representation can assist you during this difficult time.
The Dodge County Clerk of Courts is located at 210 W. Center Street, Juneau WI 53039 and can be reached at (920) 386-3570. The Clerk of Courts maintains all the court records for the county and can be helpful in answering questions relative to the filing of certain court papers. The Clerk of Courts cannot provide legal advice.
Medicare was created to address the fact that older citizens have medical bills significantly higher than the rest of the population while they have less money to pay those bills. Medicare is an entitlement program. You are entitled to Medicare because you or your spouse paid for it through social security taxes. Medicaid is a Federal program for low income people. There are separate eligibility requirements for each program. Being eligible for one does not necessarily mean you are eligible for the other. If you qualify for both, Medicaid will pay for most Medicare Part A and B premiums deductibles and co-payments.
More and more of us have to face the prospect of helping a family member or family friend who is getting older and needs assistance or elder care. There may be assistance 
available to assist in handling both the emotional and financial burden of providing care to an elderly loved one. While not all of these options will be available to everyone, I suggest exploring these alternatives and reviewing applicable tax breaks to see if any of these options fit your specific situation:
For additional information, contact Vanden Heuvel & Dineen, S.C. at 1-800-805-1976 or 262-250-1976.
On March 12, 2014, the Wisconsin Pregnancy Protection legislation, a series of three proposed bills, was introduced into the Wisconsin Assembly. The bills have underlying 
factual histories which are addressed by the Assembly legislation.
In Texas, a hospital originally refused to remove a pregnant woman from life support, even though the women was brain dead and had previously advised her family that she did not want to be kept alive on life support. Assembly Bill 861 protects a pregnant woman’s advanced medical directives so that pregnant women receive the same protections and respect as any other patient. According to State Representative Therese Berceau (D-Madison), “Pregnant women are not second-class citizens and deserve the same rights as everyone else. Major medical decisions, such as advanced directives, are very personal decisions that should be left up to an individual and her family, not politicians.” This bill addresses a pregnant woman’s right to execute advanced medical directives and to have those medical directives have force and effect. This bill requires any person, male and female, to give advance, serious consideration to all of the terms of an advanced medical directive!
Representative Chris Taylor (D-Madison) authored Assembly Bill 860 which provides pregnant women, who allegedly use drugs during pregnancy, the immediate right to counsel before being detained. Attorney Linda S. Vanden Heuvel represented Alicia Beltran in the cases of The Interest of J. Doe Beltran, unborn child, Alicia F. Beltran, expectant mother, Washington County Circuit Court Case No. 13-JC-30A and Alicia Beltran v. Jamie Loenish, et al., United States District Court, Eastern District of Wisconsin, Case No. 2:13-cv-01101-AEG.  Alicia Beltran scheduled her first prenatal visit with a West Bend, Wisconsin, doctor. She advised the doctor that she had previously used drugs, but had stopped using those drugs. As a result of a perceived mandatory reporting obligation, Alicia Beltran was arrested, handcuffed, shackled and jailed, and denied a right to an attorney before her detention for past use of drugs, which could allegedly harm the unborn fetus. While Alicia Beltran was unrepresented and denied legal representation, her unborn child was provided with a Guardian ad Litem to represent its interests. Alicia Beltran was ordered to remain at a rehabilitation facility for 78 days. “Women don’t surrender their legal rights upon becoming pregnant,” said Linda Vanden Heuvel. “Pregnant women accused of using drugs must be represented by counsel before being detained against their will.” In the Beltran case, litigation was necessary to make sure that the mother, Alicia Beltran, was afforded the same right to counsel that was automatically provided to her unborn child.
Also included in the Pregnancy Protection Package is an overall non-discrimination proposal, Assembly Joint Resolution 111, which provides, “that pregnant women be afforded all the rights of non-pregnant people.” Women are not second class citizens when they become pregnant. They should be provided the same legal rights as any other person.
Vanden Heuvel & Dineen, S.C. will monitor the Pregnancy Protection Package as it proceeds through the Wisconsin State Legislature. If you have any questions or concerns, please contact Attorney Linda S. Vanden Heuvel at 252-250-1976 or 1-800-805-1976.
In Wisconsin, more than 98% of the workers are covered from the day they start their employment. An employer is required to provide worker’s compensation coverage if it has three or more full-time or part-time employees. If your employer has fewer than three employees, but a payroll of $500.00 or more in any calendar year quarter, the employer must obtain worker’s compensation insurance by the 10th day of the month following the end of that quarter.
1. If either of the parties has a husand or a wife living.2. Persons that are nearer of kin than second cousins, except between first cousins when the female has obtained the age of 55 years or where either party submits an affidavit signed by a physician stating that either party is sterile.
3. A person may not marry until 6 months after the Judgment of Divorce is granted.
In order to get divorce in Wisconsin only one party needs to testify that the marriage is irretrievably broken. In the eyes of the Court, if it is broken for one, it is broken for both.
BadgerCare is a Medicaid program that provides health care coverage for uninsured low income working families with children.
The following persons are eligible for BadgerCare:
For more information:
In Wisconsin, the most common non-Erisa plan is the Wisconsin Retirement System (WRS). It is estimated that 27% of Wisconsin residents are participants in the WRS. The WRS only accepts one form to divide the employee’s retirement plan. The WRS form only allows for a percentage division, and an employee is not able to divide the plan using a dollar amount.Please contact Vanden Heuvel & Dineen, S.C. if you have an interest in a WRS plan and are going through a divorce.
Governor Jim Doyle signed a bill on February 24, 2010, regarding sex education classes in Wisconsin. Public schools in Wisconsin will be compelled to teach students about birth control and sexually transmitted diseases. Abstinence only programs offered by some Wisconsin high schools will no longer be allowed. The argument is that abstinence only programs cause high rates of teen pregnancies and sexually transmitted diseases. The vote on the bill was along party lines. Commencing with the September 2010 school year, sex education courses will have to include information on how to use condoms and other forms of birth control, describing their benefits and side effects. Sex education programs will be required to tell students how to prevent sexually transmitted diseases. Parents will be able to remove their children from sex education classes. Schools will be allowed to decide not to have a sex education program. See: http://www.examiner.com/x-17320-Sex-Education-Examiner~y2010m2d25-Wisconsin-Governor-Jim-Doyle-signs-Healthy-Youth-Act-comprehensive-sex-education-measure-into-law
The insurance company or the self-insured employer is required to pay your medical expenses and mileage. Send any bills you receive to your employer or its insurer. If you paid any of your medical expenses, send itemized receipts to your employer or its insurer for reimbursement.
A wrongful-life action is a lawsuit brought by or on behalf of a child with birth defects, alleging that but for the doctor-defendant’s negligent advice, the parents would not have conceived the child, or if they had, they would have aborted the fetus to avoid the pain and suffering resulting from the child’s congenital defects. Â Most jurisdictions reject these claims.
In Wisconsin you may have the right to seek custody or visitation with your grandchildren. Courts recognize the importance of the grandchild/grandparent relationship. Courts recognize that it can be in the child’s best interests to maintain that relationship. Protect your rights. Contact www.vhdlaw.com to learn what rights you have as a grandparent and under what circumstances you should seek custody or placement or visitation. If you believe your grandchild is in immediate danger, contact the local authorities in your area, including the police or child protective services. The statutes that may impact your decision making are:WI Statutes: s. 48.978 “Appointment or Designation of Standby Guardian of a Child”
WI Statutes s. 49.90 Grandchild Support:Â Grandparent Liability Law
WI Statutes s. 54.56 “Visitation by a Minor’s Grandparents and Stepparents
WI Statutes s. 767.43 “Visitation Rights of Certain Persons”
WI Statutes s. 948.22 “Failure to Support, Grandchild Support
The IRS provides a publication: Divorced or Separated Individuals. It’s IRS Publication 504, available at www.irs.gov or by calling 1-800-829-3676
Pursuant to Wis. Stat. Sec. 813.125(4)(c), a court cannot grant an injunction for more than four years.
Go to:Â www.wicourts.gov/forms1/circuit.htm#family or check out the Waukesha County, Wisconsin, Clerk of Courts website:Â www.waukeshacounty.gov
If a proceeding is brought under Wis. Stat. Sec. 813.125 and does not allege domestic abuse behavior as listed in Wis. Stat. Sec. 813.12(1)(am)1-6 or stalking behavior in Wis. Stat. Sec. 940.32, the filing fee is generally $155.00.
Without a search warrant, the police can only enter or home, or its curtilage, to conduct a search or an arrest when exigent circumstances exist, regardless of whether the police have probable cause. The most common forms of exigent circumstances given by police are “hot pursuit,” office safety, evidence destruction and suspect flight.
A state law requiring all Wisconsin drivers to maintain automobile liability insurance goes into effect today. Wisconsin is the 49th state to enact such a law.Under the new law, uninsured drivers must purchase liability insurance or face a fine of $500.00.
A person that is harassed can file a petition for a restraining order in the following counties:   1.  the county where the petitioner resides
2.  the county where the respondent resides
3.  the county where the incident occurred
When the police have probable cause to believe that contraband or illegal substances are inside a vehicle, the police can search the vehicle absent a warrant. This search is legally justified based on the mobility of the vehicle.
The Court can order the Respondent to do any of the following if it grants an Injunction against the Respondent:
1.  Cease the harassment of the Petitioner;
2.  Avoid the harassment of the Petitioner;
3.  Avoid the Petitioner’s residence or any premises temporarily occupied by the Petitioner or both.
4.  Any combination of these remedies; and
5.  Prohibit the Respondent from possessing a firearm if it is determined that the Respondent may use a firearm to cause physical harm to another or to endanger public
Wisconsin courts send the Wisconsin Department of Transportation (WisDOT) Division of Motor Vehicles records of all convictions for moving traffic violations. Demerit points are assessed to drivers when convicted of a moving violation, but are assessed retroactively to the date of the violation, not the conviction.
To obtain a temporary restraining order or injunction, the following type of actions must be alleged in the petition: 1. Striking, shoving, kicking, or subjecting another to physical contact or attempting or threatening to do the same;
2. Engaging in course of conduct or repeatedly committing acts which harass or intimidate another person and which serve no legitimate purpose;
3. Child Abuse under Wis. Stat. Sec. 48.02;
4. Sexual intercourse or sexual contact under Wis. Stat. Sec. 940.225; and
5. Stalking under Wis. Stat. Sec. 940.32.
Attorney Daniel R. Dineen of Vanden Heuvel & Dineen, S.C., has represented trucking companies and their valued staff and employees for over 30 years. At a recent event, dinner was started with “A Trucker’s Prayer,” which I found to be inspirational and a positive acknowledgment of the hard work, responsibility and importance of truckers to each of us.
Dear God above bless the truck I drive
And help me keep someone alive
Be my mortal sight this day
On streets where little children play
Bless my helper fast asleep
When the night is long and deep
And keep my cargo safe and sound
Through the hours big and round
Make my judgment sound as steel
And be my hands upon the wheel
Bless the traveler going past
And teach him not to go so fast
Give me the strength for every trip
So I may care for what they ship
And make me mindful every mile
That life is just a little while.
The police are legally allowed to search a person and/or his vehicle whenever the police have made a legal arrest. The justification for this search is police officer safety. If the search precedes the arrest, it is an illegal search because the justification was not present at the time of the search.
The court can extend a temporary restraining order under the following conditions:(1)Â The parties agree in writing to the extension; and
(2)Â The court finds that the Respondent has not been served with a copy of the Petition, although the petitioner has exercised due diligence.
Child support continues until the child reaches 18 years of age or 19 if pursuing a high school diploma or GED. If your child is 18 and will graduate you should contact your local Clerk of Courts. In some cases you will need to file a Motion to Terminate Child Support and in others all you will need to do is provide the local Child Support office with proof of graduation.
If you have been injured in an accident, there are a number of rules that you should follow in order to obtain the best possible resolution of your claim. These do’s 
and don’ts apply after you have left the accident scene:
If you have any additional questions, call 1-800-805-1976 for a free evaluation and consultation relative to your case.
No, the petition and court order will not disclose the address of the alleged victim (the petitioner).
Assuming you have been properly stopped by law enforcement based on their reasonable suspicion that criminal activity was afoot, the police may detain you long enough to investigate that reasonable suspicion. The detention must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
The next step in health care reform is for the House of Representatives and the United States Senate to negotiate a final version. The biggest hurdle is how the legislation will be financially paid; whether to include the government run insurance plan and how much to spend in subsidies to help middle and lower income Americans afford insurance. Inclusion or exclusion of abortion costs is also a difficult issue. If you have a pre-existing medical condition under both the House and Senate plans, it will be easy for you to obtain insurance. Insurers would be barred from rejecting applicants based on health status starting no earlier than 2013. In the meantime, a temporary high risk pool for people with pre-existing medical conditions will be created. Both bills say that insurers cannot set lifetime coverage limits. Those who want to keep their existing policies, however, generally would be able to do so.
Mediation can take many forms, but typically consists of two parties with opposing positions and a neutral third party that is knowledgeable in a specific area of law and that is trained to mediate. The mediator does not give legal advice to either party, but provides each party with legal information to help them reach an agreement without litigation. Mediation can be an invaluable tool, and is very viable when both parties believe they can settle their differences in an amicable manner and without hostility.
