When neither of the above conditions are met, then the parent entitled to the dependency exemption is that parent with whom the child resided for the longest period of time during the taxable year. Or if the child resides with both parents for the same amont of time during such taxable year, the parent with the highest gross income. IRC Sec. 152(c)(4)(B)(1) and (2).
Physical placement is the condition under which a party has the right to have a child physically placed with that party and has the right and responsibility to make, during that placement, routine daily decisions regarding the child’s care. Physical placement is generally defined as where the child is living on a day-to-day basis.Legal custody is the right and responsibility to make major decisions concerning the child. Such major decision include, but are not limited to, where the children attend school, major medical decisions, and choice of religion.
The most-recently approved State budget included significant changes to prevailing wage laws,Wis. Stat.66.0903 and 103.49, which became effective January 1, 2010. Helpful information can be found here:
http://www.dwd.state.wi.us/er/prevailing_wage_rate/pw_pdf/PW%20Law%20Changes-Website-100109.pdf
Keep your eyes peeled for unapid bills, missing property, changes in banks or attorneys, missing mail, unfamiliar signatures on checks, changes in spending patterns, lack of personal hygiene. Determine who is going to take responsibility for an elderly parent, both physically and financially. If you suspect a person of taking advantage of an elderly parent or friend or relative, order a background check of that person. Don’t leave incoming or outgoing mail in an unsecured mail box. Shred identifying documents. Assist the elderly in checking credit reports. Set up caller id to determine who is calling.
Wisconsin is referred to as an “equitable distribution” state. Typically, the parties reach an agreement as to how assets should be divided. If the parties are unable to reach a settlement, the court will distribute the marital assets between the two parties in an equitable fashion. Equitable does not necessarily mean equal, but rather what is deemed fair and reasonable by the court.
In Wisconsin, the law presumes that all property that is subject to division (although there are exceptions, generally inherited and gifted property are not subject to division), shall be divided equally between the parties. The court, however, may alter this division based on the factors stated in Wis. Stat. Sec. 767.61
not in the field, it basically comes down to whether the particular person can prescribe medicine. A different way of saying that is that psychiatrists are medical doctors and psychologists are not. Both professionals, however, do take a lot of school and training.
There are steps you can take to protect the idenity of someone who has died. Ask all three credit bureaus to put a “deceased do not issue credit” alert on the deceased person’s credit report. Have his/her name removed from all joint accounts and close accounts that are in his/her name only. Notify the Department of Motor Vehicles of the death. For more information see Fact Sheet 117, “Identity Theft and the Deceased” www.idtheftcenter.org Comsumer Reports Money Advisors.
A settlement conference is usually an opportunity for the parties, and likely their attorneys, to get together and discuss the issues, and proposals for settlement to those issues. From my experience, I know that settlement conferences can be utilized with great success when negotiating a final settlement to a divorce
In Wisconsin, dog owners are liable for double damages if their dog bites someone and the owner was aware that the dog had previously caused injury. Many states do not have double damages laws regarding dog bites
People all over the country are filing lawsuits against the manufacturer of the birth control pills Yaz and Yasmin. The plaintiffs allege that Yaz concealed health risks associated with the pills and lied about their effectiveness.  The plaintiffs further allege that drospirenone, a diuretic, causes an increase in potassium which can lead to b
The Wills for Heroes Program offers estate planning free of charge for first responders throughout the state, including police officers, fire fighters, EMT and paramedics throughout the state. A pilot legal clinic was held in Milwaukee last month where members of the Milwaukee Police and Fire Departments and their spouses and partners received assistance in creating wills, financial powers of attorney, health care powers of attorney and living wills. A similar service is provided by VHDSCLAW attorneys on behalf of the Milwaukee Deputy Sheriffs’ Association and their spouses and partners.
Removing a Guardian ad Litem is a very difficult process. The Guardian ad Litem must be shown to have a conflict of interest or otherwise failed to maintain his or her responsibilities as a Guardian ad Litem. Generally consideration should be given to the choice of a Guardian ad Litem prior to appointment. In some cases, the attorneys for the parties may agree to request that the Court appoint a particular Guardian ad Litem.
No. Wis. Stats. 767.395 provides that the court, on granting a divorce, shall allow either spouse, on request, to resume a former legal surname, if any. You must revert back to a former legal surname. You may not create a new name.
Bail is a security such as cash or a bond, especially security required by a court for the release of a prisoner who must appear at a future time.Relatedly, bond is a written promise to pay money or do some act if certain circumstances occur or a certain time elapses.
In the criminal sense, all bond postings must be made directly with the county jail or Sheriff���s Department in the State of Wisconsin.
Under the State Energy Efficient Appliance Rebate Program, known as the appliance Cash for Clunker’s program, Wisconsin is providing rebates on boilers and furnaces $200.00, geo-thermal heat pumps $75 and solar water heaters $2,000, purchased after January 1, 2010.
The Food and Drug Administration will be requiring tobacco companies to disclose the ingredients in cigarettes. It will require companies to disclose the results of studies done on these products. The new rules take effect in June 2010. The law allows the FDA to order stronger warning labels on tobacco products. According to the American Cancer Society, cigarettes contain more than 60 carcinogens. Please stop smoking!
Making sure that health insurance continues after divorce is a major concern. There is a federal law called COBRA that requires insurers and employers to provide ongoing medical insurance to divorce spouses for a period of time. Private employers with 20 more employees are covered by COBRA. Most states have a similar program for employers with fewer than 20 employees. COBRA provides that when an employee gets divorced the employee’s former spouse can remain covered up to three years on a group insurance policy. The non-employee spouse must pay for the benefit, but can only be charged as much as the employer is paying for them plus a 2% administrative fee.  After three years, the non-employee spouse is entitled to convert the coverage to a private policy with equivalent benefits without the insurance company requiring medical tests or records. If you have questions about COBRA and divorce, call the plan administrator or the Employee Benefits Security Administration toll-free hot line: 1-866-444-3272. You can also go the Department of Labor web site at www.dol.gov/ebsa and read consumer FAQs on COBRA
No, while some states recognize couples as marred after they agree to marry and live together for a specified time (even though they were never formally married), Wisconsin requires a marriage license and an official ceremony.
The following changes will go into effect on February 22, 2010:1.    Credit card issuers will not be able to increase interest rates on existing credit card balances unless the borrower is at least 60 days late.
2.    Credit card issuers must provide clear disclosure of account terms before a borrower opens an account. The promotional interest rate will have to last a minimum of six months.
3.    Credit card companies will not be able to raise interest rates during the first year the account is open. This rule does not apply if the borrower is 60 days late on a credit card payment.
4.    Credit card issuers will not be able to charge over limit fees without the card holders consent.
5.    Credit card issuers will not be able to charge additional payment fees for accepting payments by mail, phone, electronic transfer or any other means, unless the payment is processed through an expedited service processor.
6.    If a due date falls on a weekend or holiday the credit card issuer are not able to penalize mailed payments that are received the next business day.
7.    Double cycle billing is illegal. Double cycle billing is a process where credit card issuers use the previous month’s balance to calculate interest for the current month.
8.    Credit card issuers will be required to apply any payment above the minimum balance due to the highest interest balance.
9.    Fees on a credit card will not be able to exceed more than 25% of the credit limit.
10.    Credit card companies will have to include a minimum payment disclosure that explains how long it will take to pay off the existing balance and the total cost in interest if the card holder pays only the minimum amount due.
11.    Credit card issuers will have to make terms and agreements available on the internet.
 The Cruise Vessel Security and Safety Act, H.R. 1485 and S. 588, is currently being considered by Congress. This Act requires new safety equipment onboard; technology on new ships to detect passengers who fall overboard; reporting of crimes, missing individuals and sexual harassment; video monitoring to reduce crime; and training of crew members in crime scene investigation and preserving evidence.Unfortunately, this Act does little to help passengers who are injured by a cruise line���s negligence and want to pursue a remedy in court. Often, the cruise contracts that passengers sign when purchasing their tickets contain clauses that make it difficult to pursue a claim against the owner of the cruise ship. For example, many contracts require injured persons to file suit in inconvenient venues, or have strict time requirements to bring the action.
If you are injured while vacationing on a cruise, please contact an attorney immediately.
An interrogation is the formal questioning of a person.  In a criminal law sense, it is often  intensive questioning by the police, usually of a person arrested for or suspected of a crime.
Police questioning of a detained person about the crime that he or she is suspected of having committed is considered a custodial interrogation.
If someone is able to get enough personal information an identity thief can open up credit accounts, start utility services, and make purchases in the name of that individual. It is best to advise all three credit bureaus that an individual is deceased and credit should not be issues. You should also close accounts in the deceased name and notified the Department of Motor Vehicles of the death. Make sure all accounts have been addressed by ordering a copy of the person’s credit report. Learn more at www.idtheftcenter.org.
Under Wisconsin law, generally the “owner of a dog is liable for two times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”
If your dog or domestic pet is injured by another dog, you may be entitled to damages that were caused by the other dog. If your dog or domestic animal has been injured by another dog, please call Vanden Heuvel & Dineen, S.C. to discuss your case.
If you are involved in a personal injury case, please remember some of the following considerations that will help protect your rights.DO seek medical attention before anything else.
DO contact the police and exchange information with the other driver, if able.
DO take photographs of the accident scene, surrounding area, your injuries, and property damage.
DO contact your attorney.
DON’T move your vehicle from the scene of the accident until instructed to do so by the authorities.
DON’T throw away any potential evidence such as the defective product or blood-stained clothing.
DON’T agree to settle your case without contact your attorney.