Thursday, July 31, 2014

Divorce Maintenance - Funding your IRA with Maintenance

You do not need to have a job to save for your retirement.  Even if you do not have income from a job or business, you can fund an IRA for the greater amount of your maintenance or $5,000.00 if you are under 50 or $6,000 if you are 50 or over.



Divorce Maintenance - Funding your IRA with Maintenance

Wednesday, July 30, 2014

10 Ways to Success in your Custody/Placement Case

1.    Make sure you have a comfortable, secure living situation for your children, including a reasonable place for them to sleep.

2.    If possible, remain in the same school district where the children currently attend.

3.    Talk to your employer about maintaining a work schedule that is compatible to your children’s schedule.

4.    Do not introduce your children to your significant other during the custody/placement process, without discussing with your attorney.

5.    Don’t act erratically.  Make sure that you portray stability and the ability to be a positive parent figure for your children.

6.    Don’t speak negatively about your spouse to the children.

7.    Keep your children out of the divorce/custody process.  They should not know each step of the divorce procedure.

8.    Retain an attorney knowledgeable and experienced in the area of family law and custody/placement.

9.    Attend your children’s extra-curricular activities and school events.  Take the children or attend their doctor’s appointments.

10.    Help the children maintain their positive relationships with both sides of the family.  Put the children’s needs first.



10 Ways to Success in your Custody/Placement Case

Tuesday, July 29, 2014

Employer deduction from employee paycheck

In Wisconsin, an employer may make a deduction from an employee’s paycheck for loss, theft, damage or faulty workmanship if that employer has determined that one of the following conditions is present:1) the deduction is authorized in writing by the employee after the loss occurs and before the deduction is made


2) the employee determines that the loss, theft, damage or defective or faulty workmanship is due to the employee’s negligence, carelessness or willful and intentional conduct.


3) the employee is found guilty or held liable in a court.


Employees should know that employers who make deductions from employee paychecks without one of the foregoing conditions present can be liable for double damages.



Employer deduction from employee paycheck

Monday, July 28, 2014

How can my spouse & I file divorce papers so that neither one of us individually initiated the action?

In Wisconsin this can be accomplished by filing a Joint Petition for Divorce. With a Joint Petition both parties will be required to sign the document and each will be designated as a Joint Petitioner. The paperwork will need to be filed with the Clerk of Courts in the county where either of you (or both) reside. To file a divorce action you must be a resident of the State of Wisconsin for 6 months and a resident of your county for 30 days before filing.



How can my spouse & I file divorce papers so that neither one of us individually initiated the action?

Sunday, July 27, 2014

My child will be entering college next year, will child support continue during college?

The only way child support would continue while your child is in college is if he or she has not yet reached age 18. Once a child reaches age 18 child support stops unless the child is still in high school or pursuing the an equivalent of a high school diploma. In no event does child support continue after the child reaches the age of nineteen (19) even if the child remains in high school.



My child will be entering college next year, will child support continue during college?

Saturday, July 26, 2014

Employment law - rest and meal breaks

Wisconsin does not require rest breaks for adult or youth employees.  If rest breaks are offered, however, they must be paid, unless they are 30+ minutes long.Additionally, an employer in Wisconsin is not required to give employees meals breaks to adult employees.  Employers are required to give youth employees meal breaks in certain, specific circumstances.  In the event meal breaks are offered, they are not required to be paid as long as they are at least 30 minutes long and employees can leave the workplace.



Employment law - rest and meal breaks

Friday, July 25, 2014

Can my Wisconsin Driver"s License be used when I travel to another country?

In many countries your state Driver’s License can be used based on international agreements. Before traveling to another country you should always check its consulate office or embassy to find out whether your license is sufficient. In addition, you may want to obtain an International Driving Permit through a local AAA office. The document will translate the information on your license into ten different languages providing easy access if quick information is needed.



Can my Wisconsin Driver"s License be used when I travel to another country?

Thursday, July 24, 2014

Medicare and Medicaid Nursing Home Rating System

The Center for Medicare and Medicaid Services released its new five star rating system called “Nursing Home Compare.”  www.medicare.gov/NHCompare/Home.asp


This five star rating system has detailed information about every Medicare and Medicaid certified nursing home in the country.  The CMS believes the new rating system will provide nursing home residents and their families with a tool to ascertain the quality of nursing homes.



Medicare and Medicaid Nursing Home Rating System

Wednesday, July 23, 2014

16-Year-Old Arrested in Connection with Seattle Shooting

A 16-year-old girl was recently taken into custody in connection with the fatal shooting of a 47-year-old man at the SeaTac motel. Local sheriffs hope to arrest more suspects in connection with the case and sort out who is responsible in the near future. Detectives are currently on the look-out for a 19-year-old-boy who is considered a suspect. He lives in the Skyway area, but has been in hiding since the shooting took place. The victim of the shooting, Herman Tucker, supposedly died from multiple gunshot wounds.


The sheriff’s department suspects that the shooting was in association with a robbery, but detectives have yet to solidify these details. Tucker was at a local Motel 6 when he was gunned down. The 16-year-old arrested in association with the case is being held in custody on charges of first-degree-murder, and could end up with a life sentence if she is convicted of her alleged crime.


Chances are that the teen will be charged as an adult in the case because of the gravity of the situation. In fact, Washington law demands that 16 and 17-year-olds that are charged with serious and violent crimes be charged as adults. This will give the jury the ability to sentence her to a lifetime in prison or issue the death penalty. Execution sentences have only been carried out four times since Washington approved the death penalty in 1976. Detectives currently suspect that the teen was a prostitute who was picked up by Tucker the night before the murder and brought to the Motel 6 to render her services.


When the sheriff’s searched Tucker’s motel room they found two cell phones inside. One belonged to Tucker, and they believe that the other may have belonged to the girl. On the cell phone were messages about robbing Tucker of the rings on his fingers and the cash in his wallet. The Sheriff’s Office reports that two men and two women were then seen fleeing the room partially covering their faces with clothing. They entered a dark colored vehicle and fled the scene, while Tucker died outside of the hotel room. If you are a youth and have been charged of a serious crime like murder or attempted murder, or even a sex crime like prostitution, then talk to a criminal defense lawyer to get optimal representation.



16-Year-Old Arrested in Connection with Seattle Shooting

Factors Determinative of Standard of Living

In order to ascertain maintenance, one of the criteria the court looks at is the Standard of Living of the parties while married. These criteria include, but are not limited to, the following:


Appraisal of residence


Vacation homes


Regularity of dining out


Incomes


Pets


Golfing and other sporting activities


Athletic event tickets


Types of activities of children


Vacations


Clothing purchases


Food purchases


Church donations


Vehicles


Boats


How regularly credit cards are paid off


Entertainment


Cleaning services


Lawn services


It is important for the judge to know the type of living style enjoyed by the parties in order to attempt to make sure that any maintenance obligation fits into the previous lifestyle of the parties.



Factors Determinative of Standard of Living

F.L.A.P. - Washington County

Washington County now has established the Family Law Assistance Program (F.L.A.P.).  Every Tuesday from noon to 1:00 p.m., in room 1104 of the Justice Center, volunteer attorneys assist Washington County self represented family court litigants by providing forms, written instructions, and checklists.



F.L.A.P. - Washington County

Tuesday, July 22, 2014

Can someone other than a parent have custody of a child?

Under certain circumstances an individual other than a parent can be awarded custody of a child. For example,custody can be obtained through the use of a guardianship proceeding. This can be accomplished by a parent voluntarily tranferring custody or by order of the Court. It can done on both a short and long term basis. Another means of transferring custody is through a foster care of adoption proceeding.



Can someone other than a parent have custody of a child?

Monday, July 21, 2014

At-will employment

At-will employment means that employee can be let got any time, for any reason, as long as the reason is not illegal.  A common phrase is “an employee can be terminated for a good reason, a bad reason, or no reason, just not an illegal reason.”An at-will employee can also quit at any time, for any reason.


At-will employment is different than employment based on contract.  If there is an employment contract in place, the employment relationship is determined by that contract.



At-will employment

Sunday, July 20, 2014

BAC

Blood alcohol content, or BAC, is how we refer to the concentration of alcohol in a person’s blood.  BAC is the most commonly used determination for intoxication, and most of our drunk driving laws are directly tied to drivers’ BAC levels.



BAC

Saturday, July 19, 2014

Chief Justice Roberts Declines to Halt Gay Marriage in D.C.

US Supreme Court Chief Justice John Roberts Jr., on March 2, 2010, declined to stop a new law allowing gay marriage in Washington, D.C., opening the door for the District to begin providing marriage licenses to same sex couples.  Gay marriage opponents petitioned the Supreme Court to stay the law from taking affect until the Supreme Court could decide whether to grant a petition for certiorari.



Chief Justice Roberts Declines to Halt Gay Marriage in D.C.

Friday, July 18, 2014

Elder Law Radio

Elder law radio – www.elderlawanswers.com features experts to help older adults and their families address legal issues impacting the aging.  It is free.



Elder Law Radio

Thursday, July 17, 2014

Harassment Restraining Order - In What County can I File?

You can file your petition in the following counties:

1.   Where you reside;

2.   Where respondent resides; and

3.   Where the cause of action arose (where the incident occurred)



Harassment Restraining Order - In What County can I File?

Wednesday, July 16, 2014

Hiding Assets in a Divorce - Business

If you believe that your spouse is hiding assets and he or she owns a business, your first step is to obtain a copy of the business’s income tax return.  Use IRS form 4506.  Your spouse must sign this form, but generally the court will compel the exeuction of this authorization.  There are a number of ways to hide money in a business setting, including, but not limited to: Paying a salary to friends or relatives

Delaying receipt or depositing of funds

Purchasing artwork, furniture or other valuable items in the name of the business to increase expense and depreciate write-offs

Inflating costsYou should generally hire an accountant to help you ascertain the true value of the business and the actual income paid to your spouse.



Hiding Assets in a Divorce - Business

Tuesday, July 15, 2014

How do I prove that I really suffered an injury in an automobile accident?

One of the easiest ways to show that you have suffered a real injury is by review of the hospital, clinics or emergency room nurses’ notes.  Nurses document and observe pain.  They are generally trained to observe patients objectively and to recognize hypochondriacs.  They have the ability to administer medication when they see signs of legitimate pain.  Doctors also outline a patient’s chief complaints of pain.  Employers, coworkers, your spouse, friends and acquaintances may also be able to give an account of your painful symptoms and may be able to attest to your inability to perform day-to-day functions performed in the past prior to any injury.



How do I prove that I really suffered an injury in an automobile accident?

Sunday, July 13, 2014

Is my driver"s license good in every state that I visit?

If you have a valid driver’s license from one state it is also good for use in any other state that you visit. However, if you make a permanent move to another state you will need to get a new license in that state. Generally this should be done within 30 days of your move



Is my driver"s license good in every state that I visit?

Saturday, July 12, 2014

Laws - Wages and Work Hours

The Fair Labor Standards Act (FLSA) is a federal law that governs child labor, minimum wage, and overtime payments.  If you believe your employer is not paying you minimum wage or required overtime payments, please contact Vanden Heuvel & Dineen, S.C. to discuss your case.



Laws - Wages and Work Hours

Friday, July 11, 2014

Maintenance - If I waive it, can I ask for it later?

No, if you waive maintenance in your Marital Settlement Agreement and the Agreement is approved by the Court, you are forever barred from asking a Court to order your ex-spouse to pay you maintenance.  Your waiver is irrevocable.  Even if your ex-spouse wins the lottery, or you lose your job, you cannot ask the Court to order your ex-spouse to pay you maintenance after you waive it.



Maintenance - If I waive it, can I ask for it later?

Thursday, July 10, 2014

Medicare and Medicaid Nursing Home Rating System

The Center for Medicare and Medicaid Services released its new five star rating system called “Nursing Home Compare.”  www.medicare.gov/NHCompare/Home.aspThis five star rating system has detailed information about every Medicare and Medicaid certified nursing home in the country.  The CMS believes the new rating system will provide nursing home residents and their families with a tool to ascertain the quality of nursing homes.



Medicare and Medicaid Nursing Home Rating System

Does domestic violence include more than just physical abuse?

There is much more to domestic violence than physical abuse. Domestic violence is a pattern of coercive behavior that may include physical, sexual, economic, emotional, and/or psychological abuse by an intimate or family member. To find a local domestic violence program contact the Wisconsin Department of Justice or your local police department.



Does domestic violence include more than just physical abuse?

Tuesday, July 8, 2014

Dog Bite - Are You Harboring A Dog?

In Pawlowski v. Amer. Family Mut. Ins. Co., the Wisconsin Supreme Court further clarified the meaning of “harboring” as defined in Wis. Stat. Sec. 174.02.  The Pawlowski Court held that “harboring” is to shelter or give refuge to a dog.  The Court reasoned that the Defendant harbored the dog (despite not being its owner) because she allowed the dog to live in her home for several months and provided it with shelter and lodging.  Moment to moment control of the dog is not required.



Dog Bite - Are You Harboring A Dog?

Monday, July 7, 2014

Estimated Payment of Income Tax on Maintenance

Maintenance is not subject to withholding but is taxable.  Therefore, estimated payments will have to be made.  Installments are due the 15th of April, June, September and January.  Generally 90% of the general tax liability is to be paid by either withholding or estimated payments.  It is the payee’s responsibility, not the payor, to withhold.



Estimated Payment of Income Tax on Maintenance

Saturday, July 5, 2014

Ever-changing election laws

The Wisconsin State Senate passed a bill today that would limit anonymously funded ads that run around election time.  If ultimately signed into law, this bill would require groups that run issue ads to say where they received their money, and to adhere to fund-raising limits that already apply to others.



Ever-changing election laws

Friday, July 4, 2014

Fair Employment law

The purpose of Wisconsin’s Fair Employment law is to protect the rights of people to employment free of unlawful discrimination.  As a result, tt is unlawful, for public and private employers, employment agencies, licensing agencies and unions, to refuse to hire, to discharge, or otherwise discriminate in any term or condition of work, because of a persons protected class. 


Protected classes can be found here: http://www.dwd.state.wi.us/er/discrimination_civil_rights/publication_erd_6160_pweb.htm#5.



Fair Employment law

Thursday, July 3, 2014

Federal and Wisconsin Family Medical Leave Acts

This is an extremely helpful link when comparing the differences between the federal Family Medical Leave Act and the Wisconsin laws relative to same:http://www.dwd.state.wi.us/er/family_and_medical_leave/publication_erd_9680_p.htm



Federal and Wisconsin Family Medical Leave Acts

Wednesday, July 2, 2014

FMLA"s Military Leave Provisions Expanded

On October 28, 2009, President Obama expanded the scope of provisions of the Family and Medical Leave Act regarding military caregiver leave.  The FMLA now permits family members of active duty service members to take leave for a qualifying reason.  It also permits military caregivers leave for serious injuries or illnesses that are the result of pre-existing conditions made worse by service while on active duty.



FMLA"s Military Leave Provisions Expanded