Five Important Tax Tips in Divorce

1. Some attorney’s fees may be tax deductible, including, but not limited to, fees for tax planning and fees for generating taxable income.


2. The income tax exemption for minor children should be a subject of negotiation.  It has substantial ramifications to both parties.


3. Remember that maintenance is income to the recipient and a deduction to the payor.


4. Child support is not taxable to the recipient and is not a deduction to the payor.


5. When there are two or more children, both parents can be head of household under certain circumstances.

Five Important Tax Tips in Divorce

Qualified Tuition Programs - 529 Plans - EdVest

Wisconsin allows a subtraction of up to $3,000 per dependent child, spouse, taxpayer, grandchild, great-grandchild, niece or nephew for contributions made to the EdVest College Savings Program.  Special rules apply for formerly married parents.

Qualified Tuition Programs - 529 Plans - EdVest

If Your Teens Are Sexting, They May Be Charged Criminally!

Your image of a child pornographer is generally an older, unkempt man.  That is not always true.  As sexting becomes more prevalent, district attorneys sometimes seek to charge sexting teenagers with child pornography violations.  While teenagers may consider it harmless to exchange cell phone photos of their naked bodies, such conduct can have lasting negative ramifications.  Sexual exploitation is sometimes defined as a person who “records or displays in any way a child engaged in sexual explicit conduct,” or someone who persuades a child to engage in sexually explicit conduct for the purpose or recording or displaying the conduct.  The ramifications of sexting are yet unclear.  The ACLU is taking the position that sexting is free speech under the United States Constitution.   It is important to make your child aware of the potential negative impact on his or her life if involved with sexting.

If Your Teens Are Sexting, They May Be Charged Criminally!

Sexual Orientation and Custody

In Wisconsin whether a person is lesbian or gay is not a specific criteria for determination of custody and placement of a minor child.  However, it is fair to say that the issue of a parent’s sexual orientation may become a focus of the custody/support decision.  It is recognized that a parent’s sexual orientation alone does not necessarily affect the best interests of the children which is the broad-based criteria for custody/placement decisions.Organizations which provide insight into issues addressing gay and lesbian parents include:

Lambda Legal Defense and Education Fund:  www.lambdalegal.org

Gay & Lesbian Advocates & Defenders:  www.glad.org

National Center for Lesbian Rights:  www.nclrights.org

Sexual Orientation and Custody

Family Support - What is it?

Family support is a combination of child support and maintenance in a single order.  Unlike child support, family support may be taxable depending various factors.  You should discuss the tax ramifications of family support with your accountant.

Family Support - What is it?

Access to School Records in a Divorce with Sole Custody to One Parent

Even if one parent is awarded sole custody of the children, the other party, nevertheless, has access to medical, dental and school records.  Pursuant to Sec. 767.41(7(a) Wis. Stats., Except under par. (b) or unless otherwise ordered by the court, access to a childs medical, dental and school records is available to a parent regardless of whether the parent has legal custody of the child.

Access to School Records in a Divorce with Sole Custody to One Parent

American Opportunity Tax Credit

The American Opportunity tax credit lets families take a credit for the first $2000 in qualified education expenses and 25% of the next $2000, for a total potential credit of $2500.  This credit is good for 2009 and 2010.  Single filers are eligible for the full credit if their adjusted gross income is $80,000 or less.  Married couples can get full credit up to $160,000.  The credit applies to tuition, fees, books and supplies, not room and board.

American Opportunity Tax Credit

Are Automatic Custody Change Provisions Enforceable?

Generally, the parties cannot agree to an automatic custody change without addressing whether or not such a change is in the best interests of the minor child at the time the automatic custody change is scheduled to occur.

Are Automatic Custody Change Provisions Enforceable?

Auto Accident

If you have been in an auto accident, be sure to call the police and exchange information with all parties (including the name and contact information of each party’s insurance company).

Auto Accident

McDonald"s DUI Patrol: Drive-Thru Workers Report Offenders

DUI drivers may get hungry and want to stop through a fast food joint for a snack, but this could prove to lead to arrest, as is evidenced by a story that unfolded in Oak Creek, Wisconsin this week. According to TMJ4 News, a man who was intoxicated pulled up to a McDonald’s drive-thru early in the morning on Saturday.

The worker at the window immediately recognized that the customer was intoxicated, and called the police. The law enforcement officers arrived shortly afterwards and determined that they needed to catch the offender. Officers arrived shortly after the customer had pulled through the drive-thru, and one of the police walked up to the offender’s car when he took off.

Thus began a pursuit as the offender drove away. He was apprehended only a few minutes later, arrested, and taken to jail on charges of driving under the influence and eluding a police officer. When tested, the offender’s alcohol level registered at 0.18% and it was discovered that this was his second arrest for drunk driving. If you have been driving drunk, locals have the right to report your crime.

Contact a Washington County criminal defense lawyer today for more information and about DUI defense. If you have been accused of driving under the influence then you deserve the best defense there to help you. If you are a Washington County resident, then you can gain the representation that you deserve by hiring a seasoned attorney at Vanden Heuvel & Dineen. This firm is AV® Rated by Martindale-Hubbell, which means that they have been recognized as a successful firm that cares about their clients.

At Vanden Heuvel & Dineen you won’t be treated like just another case, you will be valued as an individual who has a future at stake in your case. This Better Business Bureau accredited business is here to help you, so contact the firm for more information today!

McDonald"s DUI Patrol: Drive-Thru Workers Report Offenders

Bad Faith - Insurance Company

Every insurance contract has an implied covenant of good faith and fair dealing.  An insurance company must act honestly and fairly in handling your claim.  If you are involved in a dispute with your insurance company over an unpaid claim, please call Vanden Heuvel & Dineen, S.C.

Bad Faith - Insurance Company

Basic child support guidelines

The basic child support guidelines are used when one parent cares for the child for more than 75% of the time (274 or more days per year).  The other parent will pay support based on his or her income.  The basic support guidelines are: 17% of gross income for 1 child, 25% of gross income for 2 children, 29% of gross income for 3 children, and 31% of gross income for 4 children.

Basic child support guidelines

Benefits to foster parenting

Foster parents are able to provide children with a safe and loving place to live when parents are unable to provide that. Foster children come from a wide variety of backgrounds and situations. They are children of all ages and races. The children in the most need of homes are children with special needs, including teenagers, siblings and children with physical, emotional or behavioral disabilities.  Often, these are children that just need a place to call home.

Benefits to foster parenting

Can a birth mother choose the adoptive parents for her child?

In Wisconsin, a birth mother can select an adoptive family for a child or she can allow an adoption agency to select a family on her behalf. Wisconsin Statute Sections 48.833-837 may apply.

Can a birth mother choose the adoptive parents for her child?

Can my rights be protected between the start of a divorce action and the final hearing?

Can my rights be protected between the start of a divorce action and the final hearing?

Can my child"s mother consent to terminate her parental rights for our child?

The parent of a child can consent to terminate their parental rights. However, the Court generally will not grant the request unless another person (i.e. a step-parent) is there to take the place of the birth parent. For example, if you have a spouse, that individual would petition the Court for a step-parent adoption to take the place of the birth mother

Can my child"s mother consent to terminate her parental rights for our child?

Can my rights be protected between the start of a divorce action and the final hearing?

Yes. Every divorce includes an order that neither spouse can harass, intimidate, physically abuse, or impose restraints on the personal liberty of the other spouse or minor children (under age 18) of either spouse. In addition, neither spouse can encumber, conceal, destroy, damage, transfer, or otherwise dispose of property owned by either or both of the spouses, without the other spouse’s consent or a prior order of the court or family court commissioner. There are exceptions for actions taken in the usual course of business, in order to buy necessities, or to pay reasonable divorce expenses, including attorney fees.In addition, the judge or family court commissioner may issue other temporary orders that protect your rights during the divorce process. For example, temporary orders may determine child custody and physical placement, who lives in the family home, payment of maintenance and child support, and payment of debts.

Can my rights be protected between the start of a divorce action and the final hearing?

Cash for Appliances Begins

The taxpayer funded Energy Efficient Appliance Rebate Program has begun.  The appliance rebates funded by the Federal Stimulus Package include the following rebates for energy-efficient appliances only:  dishwasher $25; freezer $50; refrigerator $75; clothes washer $100; water heater $150 (or $50 for electric heat-pump water heater); furnace, oil and gas $200; boiler $200; central air conditioner $75; air-source heating pump $75; geothermal heat pump $75; and solar hot water system $2,000.Find details about the program and list of appliances that qualify at www.focusonenergy.com/recovery.

Cash for Appliances Begins

Child labor laws

In Wisconsin, there are restrictions on when minors can work. The time of day when they may be employed, including how early and how late, and the number of hours which they may work per day and per week are all regulated. These restrictions depend on the age of the minor and whether or not school is in session during the period they are employed. Only high school graduates and other minors who are exempt from school attendance may be employed the same hours as an adult

Child labor laws

Common Deductible Medical Expenses

Accupuncture, ambulance, annual physical exam, artificial teeth, bandages, chiropractor, dental treatment (teeth whitening is not deductible), diagnostic devices, hearing aids and batteries, medical services, medicines, insulin, oxygen, pregnancy test kit, transportation expenses (must be primarily for and essential to medical care), nursing services, etc.

Common Deductible Medical Expenses

Common law marriage

Some states recognize couples as married after they agree to marry and live together for a specified time, even though they never formally marry.  Wisconsin requires a marriage license and an official ceremony.

Common law marriage

Common law marriage

Some states recognize couples as married after they agree to marry and live together for a specified time, even though they never formally marry.  Wisconsin requires a marriage license and an official ceremony.

Common law marriage

Credit Card Act of 2009

The following rules go into effect on February 22, 2010, with just a few applicable in August 2010.  The following are the primary provisions of the Credit Card Act:1.  Interest rates cannot be raised during the first year of an account.

2.  Issuers cannot impose a processing fee for online or phone payments.

3.  Issuers cannot charge fees if you go over your credit limit without your authorization.

4.  Customers must be more than 60 days late on payments before their interest rates can be raised on prior balances.

5.  If the rate goes up, the interest rate must go back to the lower rate if the cardholder makes payments on time for six months in a row.

6.  If your card has more than one interest rate on balances, payments must be applied to the highest rate balance first.

7.  Credit card issuers will still be able to lower your borrowing limit, cancel your account without notice and raise your monthly payment.

Credit Card Act of 2009

Jurisdiction for a Divorce

In the State of Wisconsin, a divorce action must be filed in the county where the person resides.  The person filing for divorce must be a resident of the State of Wisconsin for more than six months immediately proceeding the filing, and a resident of the county where the divorce will be filed for more than 30 days prior to the filing of the action.

Jurisdiction for a Divorce

Labor Standards Retaliation Law

Under Wisconsin Statutes Section 111, an employer is prohibited from retaliating against any employee who files a complaint, attempts to enforce a right permitted by statute, or testifies in a case, or assists in a case under the state’s labor standards laws such as child labor, minimum wage, hours of work and overtime, wage payment and collection, and prevailing wage rate laws.The recourse for employees who believe that their rights have been violated is to file a Complaint with the Civil Rights Bureau.  Those forms can be found here: http://www.dwd.state.wi.us/er/discrimination_civil_rights/how_to_file_cr_retaliation.htm

Labor Standards Retaliation Law

Life Insurance for New Spouse

My Judgment of Divorce orders me to maintain life insurance with my exwife as sole and exclusive beneficiary.  I now intend to remarry and have a new family to support.  Am I able to substitute my new wife as beneficiary of my life insurance policy?

The answer is no.  Unless you obtain a new Court Order allowing you to do so, you will be required to obtain an additional life insurance policy with your new wife and family as beneficiaries

Life Insurance for New Spouse

Maintenance - What is it?

Maintenance is financial support paid to an ex-spouse after a divorce.  The amount and duration of maintenance is determined by the factors in Wis. Stat. Sec. 767.56.

Maintenance - What is it?

Medicare Drug Program Prescription Assistance for Extra Help

There is a new addition to the Medicare Drug Program.  Effective January 1, 2010, more than 1 million low-income seniors are no eligible for better prescription drug benefits under the “extra help program.”  Benefiting from the new law are those with life insurance policies and those who obtain assistance from relatives to help pay household expenses but were previously disqualified because of too many assets or too much income.  Income limits are $16,245 a year for singles and $21,855 for married couples living together.  Assets such as stock, bonds and bank accounts must be limited to $12,510 for singles and $25,010 for couples.  The value of homes and autos is excluded.  Under teh old law, applicants had to include the value of life insurance policies and income received on a regular basis from relatives and friends to help pay household expenses.  Seniors can apply for the program at socialsecurity.gov, your local social security office or by calling 1-800-772-1213.

Medicare Drug Program Prescription Assistance for Extra Help

Name Change for Children

In Wisconsin, a minor or adult who is a residence of the state may on petition to the circuit court of the county where he or she resides and on filing a copy of appropriate notice, with proof of publication, if no sufficient cause is shown to the contrary, shall have his or her name changed.  If the person is under the age of 14, the petition may be made by both parents or the guardian or person having legal custody of the minor if both parents are dead or the parental rights of both parents have been terminated or the minor’s mother if the minor is a nonmarital child and is not adopted or his parents do not subsequently marry each other or if paternity of the minor has not been established.

Name Change for Children

New Insurance Law Takes Affect in Wisconsin January 1, 2010

Adult children up to the age of 27 will be able to stay on their parent’s health insurance under a new law that went into affect January 1, 2010.  Additional changes to health insurance coverage in Wisconsin, include the necessity to cover birth control costs for those looking to avoid having children.  The new law also mandates that insurance plans cover autism when group policies are renewed.

New Insurance Law Takes Affect in Wisconsin January 1, 2010

New Rules for Tax Preparers

The IRS has announced plans to impose mandatory registration, competency exams and ethical guidelines on independent tax return preparers.  The rules go into effect in time for next year’s filing season.

New Rules for Tax Preparers

No Minimum Support Requirement for Income Tax Exemption

There is no minimum support requirement for the non-custodial parent.  Even if the non-custodial parent pays no child support, that parent may claim the exemption if the custodial parent releases it.

No Minimum Support Requirement for Income Tax Exemption

Parents Not Yet Divorced, Not Separated Nor Living Apart for Last Six Months of Calendar Year

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).

Parents Not Yet Divorced, Not Separated Nor Living Apart for Last Six Months of Calendar Year

Physical placement and legal custody

Physical placement and legal custody

Physical placement and legal custody

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.

Physical placement and legal custody

Prevailing wage law update

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

Prevailing wage law update

Preventing Financial Elder Abuse

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.

Preventing Financial Elder Abuse

Property division in a divorce

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.

Property division in a divorce

Sturgeon Bay

Sturgeon Bay

Property Division-Presumption of 50/50 Split

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

Property Division-Presumption of 50/50 Split

Psychiatrist vs. Psychologist

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.

Psychiatrist vs. Psychologist

Reporting Deaths of Family Members to Credit Bureaus

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.

Reporting Deaths of Family Members to Credit Bureaus

Settlement Conference

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

Settlement Conference

Wisconsin Dog Bite - Double Damages

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

Wisconsin Dog Bite - Double Damages

Yaz Birth Control Linked to Heart Issues

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

Wisconsin offering "Wills for Heroes" Program

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.

Wisconsin offering "Wills for Heroes" Program

Am I able to change Guardian ad Litems in a custody/placement case

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.

Am I able to change Guardian ad Litems in a custody/placement case

Anger Management Programs in Washington County, Waukesha County, Milwaukee County, Wisconsin

Anger Management Programs in Washington County, Waukesha County, Milwaukee County, Wisconsin

At my divorce, may I change my name to a hypenated last name?

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.

At my divorce, may I change my name to a hypenated last name?

Bail vs. Bond

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.

Bail vs. Bond

Cash for Clunkers

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.

Cash for Clunkers

Cigarette smoking

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!

Cigarette smoking

COBRA Coverage

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

COBRA Coverage

Common Law Marriages - Are they Legally Recognized in Wisconsin?

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.

Common Law Marriages - Are they Legally Recognized in Wisconsin?

Credit Card Act Changes Effective February 22, 2010

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.

Credit Card Act Changes Effective February 22, 2010

Cruise Ship Injuries

 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.

Cruise Ship Injuries

Custodial interrogation

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.

Custodial interrogation

Do I have to be concerned about identity theft for a deceased family member?

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.

Do I have to be concerned about identity theft for a deceased family member?

Dog Bite - Double Damages

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.”

Dog Bite - Double Damages

Dog Bite - Injuring another Animal

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.

Dog Bite - Injuring another Animal

Do"s and Do Not"s of Personal Injury

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.

Do"s and Do Not"s of Personal Injury

Employer Provided Mental Health and Substance Abuse Insurance Coverage

The law which went into effect in late 2009 called the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, provides that employees receive the same level of mental health benefits as they do for medical and surgical care.  It bans a plan from using deductibles for the treatment of mental health disorders or substance abuse that are different than the deductibles for medical and surgical care.  There can no longer be limits on mental health treatment if there are no limits on medical and surgical care.  The law does not apply to companies with fewer than 50 workers.  The law does not require plans to provide mental health and substance abuse coverage, and it doesn’t bar employers from dropping coverage all together.

Employer Provided Mental Health and Substance Abuse Insurance Coverage

My husband wants shared placement of the children. What does shared placement mean?

Pursuant to DCF 150.02(25m), shared placement means a parent who has a court ordered period of placement of at least 25% and is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement.

My husband wants shared placement of the children. What does shared placement mean?

My spouse and I are in the process of divorce and I am about to receive an inheritance. What part of that belong to my spouse?

Property received as part of an inheritance are the individual property of the party receiving it as long as it is not commingled with the joint property of the party.

My spouse and I are in the process of divorce and I am about to receive an inheritance. What part of that belong to my spouse?

My spouse and I have joint custody our child and I have primary placement. Can I move with her out of state?

The law in Wisconsin provides that you cannot move more than 150 miles from your residence or out of state without providing written notice to the other parent. You must give sixty (60) days advance notice about the move. In addition, you must explain why you desire to move and where you will live. The other party then has fifteen (15) days to object to the move. If the parties do not agree about the move the issue may proceed to court.

My spouse and I have joint custody our child and I have primary placement. Can I move with her out of state?

My spouse just received a 2nd OWI conviction within 5 years. What happens to my vehicle?

Any driver with 2 OWI offenses in any 5 year period is now subject to the following:- Subject to immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration.

- Not eligible for an occupational license for one year.

As a result, the vehicle you drive will be subject to immobilization or ignition interlock requirements if both names appear on the title.

My spouse just received a 2nd OWI conviction within 5 years. What happens to my vehicle?

National Support Organizations

Step Family Foundation: www.stepfamily.orgABA Center on Children and the Law: www.abanet.org

National Center for Youth and Law: www.youthlaw.org

Kayama: www.kayama.org

Childfind of America: www.childfindofamerica.org

Lambda Legal Defense and Education Fund: www.lambdalegal.org

Gay & Lesbian Advocates & Defenders: www.glad.org

Lesbian Mothers’ National Defense Fund: 206-325-2643

National Center for Lesbian Rights: www.nclrights.org

National Support Organizations

Parental Alienation Syndrome (PAS)

According to national statistics, about 10% of divorces involve custody/placement litigation.  Children too often become estranged from one parent during the process.  One explanation of a child’s estrangement from one parent blames the situation on the other parent as an alienator who is responsible for turning a vulnerable child against the other parent.  Parental alienation is sometimes difficult to prove because a child’s alienation from one parent or the other is generally caused by a variety of factors–not just one.  The divorce process itself may have an impact, school change, residence change, etc., also play a role.  Any parental alienation theory needs strong factual support and the reliable testimony of an expert trained in child psychology or related areas.

Parental Alienation Syndrome (PAS)

Paternity

Paternity means the establishment of a legal father for a child born to unmarried parents.  Generally, we assume it is in the best interest of the child to have paternity established, as this creates a legal relationship between a child and the father.  Paternity establishment gives the child inheritance rights and access to future benefits through the father.

Paternity

Our Family Wizard

Our Family Wizard offers online communication tools for unmarried parents.  Their website is ourfamilywizard.comThis website can be very beneficial to unmarried parents, and often reduces the amount of conflict between parties.  On Our Family Wizard, parents can maintain and coordinate schedules, share information of health insurance and doctors, and communicate effectively about their children.

There is also a very helpful tutorial on the website to teach you the basics.

Our Family Wizard

Personal Injury Websites and Resource Links of Importance

http://www.abanet.org/publiced/practical/personalinjury.html

http://www.cpsc.gov/

http://www.nsc.org/Pages/Home.aspx

http://topics.law.cornell.edu/wex/tort

http://topics.law.cornell.edu/wex/products_liability

http://www.iii.org/media/hottopics/insurance/dogbite/

Personal Injury Websites and Resource Links of Importance

Reducing Health Insurance Costs Versus Discrimination Based on Genetics

Efforts by employers to reduce health care costs by requiring employees to enter into wellness programs are in opposition to a federal law designed to prevent genetic discrimination.  The Genetic Information Nondiscrimination Act which took effect last year restricts employer’s and health insurance carrier’s abilities to collect and disclose genetics information.  The Act includes not only genetic test results, but also family medical history.  It bars employers from offering workers incentives to complete health surveys that ask about family history.  The law bars insurers and employers from using such information for coverage and employment determinations such as hiring, firing and promotion.  Wellness programs also include smoking, weight loss and disease prevention programs.

Reducing Health Insurance Costs Versus Discrimination Based on Genetics

Second Amendment to the United States Constitution

The Second Amendment, ratified with the Bill of Rights in 1791, guarantees the right to keep and bear arms as necessary for securing freedom through a well-regulated militia

Second Amendment to the United States Constitution

Short Sales of Homes in a Divorce

Many parties going through a divorce also must face the impact of foreclosure or a short sale.  Short sales of homes can now be done faster under new Treasury Department rules.  If a person’s principal residence is worth less than the mortgage, he or she may be eligible for a short sale after becoming delinquent on payments or if default is likely.  The loan must have been made before January 1, 2009, for less than $729,750 and the person’s monthly mortgage payment must be more than 31% of his or her gross income.  Mortgage companies are not compelled to follow these rules until April 5, 2010.

Short Sales of Homes in a Divorce

Toyota Announces Solution to Gas Pedal Problems

“Toyota said a piece of steel about the size of a postage stamp will fix the gas pedal problem that led to the recall. Repairs will take about a half-hour and will start in a matter of days, the company said.Toyota said the solution had been through rigorous testing and would solve the problem for the life of the vehicle.

The repair involves installing a steel shim a couple of millimeters thick in the pedal assembly, behind the top of the gas pedal, to eliminate the excess friction between two pieces of the accelerator mechanism. In rare cases, Toyota says, that friction can cause the pedal to become stuck in the depressed position.

Toyota said owners would be notified by mail and told to set up appointments with their dealers. It said cars already on the road would get priority over those on the lot.

The recall covered 4.2 million cars worldwide and 2.3 million in the United States, including some of Toyota’s best-selling models, such as the Camry and Corolla. It has recalled millions more because of floor mats that can catch the gas pedal.”

Excerpt from Milwaukee Journal Sentinel Online

Toyota Announces Solution to Gas Pedal Problems

Track Your Income Tax Refund

On the left hand side of www.irs.gov “check on your refund” will track your refund 72 hours after your filed return is accepted.

Track Your Income Tax Refund

Two important web sites you should have at your finger tips.

Facts at your finger tips, including business news,, calculators, conversion charts, geneology material, health information, maps, etc:  www.RefDesk.com.Federal forms:  www.Forms.gov.

Two important web sites you should have at your finger tips.

Washington County Family Law Assistance Program

Every Tuesday from 12:00 p.m. to 1:00 p.m., in rRom 1104 of the Justice Center,  Family law attorneys help with forms, written instructions, and checklists. The volunteer attorneys can also provide procedural guidance and assistance in completing the forms and following the written instructions. There is no cost for the service. No appointment is necessary. Walk-ins are welcome, and will be assisted on a first-come first-served basis. 

Washington County Family Law Assistance Program

Washington/Ozaukee County - Avey Case

There is a newly released statement that provides Charles A. Avey’s account of what happened in the final hours of Cody Reetz’s life.  To read more, please click on the link below.http://www.jsonline.com/news/ozwash/85293717.html

Washington/Ozaukee County - Avey Case

Waukesha Family Court Self-Help

The Waukesha County Family Court Self-Help Center is located in Room C-108 of the Waukesha County Courthouse, 515 W. Moreland Blvd, Waukesha, Wisconsin. The Self-Help Center cannot provide legal advice, but does offer access to a computer and materials for legal research.  The Self-Help Center staff will direct parties to the available court forms and review them for completeness, along with offering generic procedural options and assistance.Previously, a person could simply walk-in to the Self-Help Center.  Now, however, walk-in services are no longer available.  An appointment must be scheduled.  That can be done by calling (262) 548-7524.

Waukesha Family Court Self-Help

Annulment

Annulments are granted in very limited circumstances.  A judicial proceeding is required to annul a marriage, and a marriage cannot be annulled after the death of a party to the marriage.A Court may annul a marriage when (1) a party lacked capacity to consent to the marriage, at the time of the marriage, (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time of the marriage the other party did not know of the incapacity, (3) a party was 16 or 17 years of age and did not have the consent of his or her parent or guardian, or (4) the marriage is prohibited by the laws of this state.

Annulment

Can I fire the Guardian ad Litem

Because the Court appoints the Guardian ad Litem, the Court must remove him or her.  You must present your concerns with the Guardian ad Litem to the Court.  Courts are very reluctant to replace guardians unless there has been misconduct.

Can I fire the Guardian ad Litem

COBRA coverage

COBRA coverage usually refers to continued health insurance benefits taken by a former employee.  We have likely heard this term lately, as many people struggle with obtaining health insurance after losing their jobs.  Under the Consolidated Omnibus Budget Reconciliation Act of 1986 or “COBRA” businesses with 20 or more employees are required to offer temporary extended health care plans to employees and their families when coverage under the plan would otherwise end.COBRA coverage doesn’t only apply to termination of employment, however, as we often must address this issue in the context of a divorces, where one spouse traditionally provided the health insurance for the family, and a newly divorced spouse must obtain health insurance for him/herself.

COBRA coverage

Consumer"s Guide for Injured Victims of Car Accidents

1. Do not talk to anyone…except your doctor or attorney.

2. If you are injured, seek medical treatment promptly.

3. Conduct a complete investigation.

4. Get photographs of all important elements in your case.

5. Don’t have your car repaired until you have taken photos of your vehicle’s damage.

6. Don’t sign a release for your medical records to the other party’s insurance company.

7. Never plead guilty to any traffic offense before you consult with your attorney.

8. Keep the adjuster informed about the seriousness of your injuries.

9. Don’t let the adjuster pressure you into settling your case.

10. Know all your damages.

11. Keep all bills and receipts related to your accident.

12. Know all your injuries.

13. Know your sources for insurance coverage.

14. Continue under your doctor’s care until your doctor releases you.

15. Consider and be prepared to file a lawsuit if the settlement offer is not fair.

16. Ask a qualified, experienced personal injury trial lawyer to evaluate your case.

17. If you decide to hire a lawyer, choose one who isn’t afraid to go to court.

Consumer"s Guide for Injured Victims of Car Accidents

Credit Card Issuers Reducing Limits

Reducing good customers credit limits will probably not hurt your credit score.  People who continue to charge less than their total credit availability and pay their credit cards on time should not find their credit scores lowered.  Check your credit report on a regular basis.  You are entitled to one free credit report a year from Equifax, Experian and Transunion.

Credit Card Issuers Reducing Limits

Dane County

The Dane County Clerk of Courts is located at the Dane County Courthouse, Room 1000, 215 S. Hamilton St., Madison, WI 53703.  They can be reached at (608) 266-4311.The Clerk of Courts accepts phone calls from 9:00 a.m. until 1:00 p.m., Monday-Friday.

Dane County

Divorce-The House is in Just my Name, Does that Mean I Get It?

No, unless you inherited the house or received it as a gift, the house is subject to division.  You may be awarded the house, but you will have to “buy-out” your spouse’s interest in the

house.  The fact that the house is titled in just your name does not mean that your spouse has no marital interest in the property.Additionally, even if you inherited the house or received it as a gift, the property may have been transmuted from property not subject to division to property that is subject to division.  Please give us a call to discuss any of these issues.

Divorce-The House is in Just my Name, Does that Mean I Get It?

Enforcement of Physical Placement

A Petition to Enforce Physical Placement is filed by a parent who has been awarded periods of physical placement and is seeking enforcement of that order.  This parent is referred to as the Petitioner in this context, regardless of whether that parent was referred to as the Petitioner or Respondent in the original action.Enforcement of Physical Placement is necessary when one parent has had one or more periods of placement denied or substantially interfered with by the other parent.

Enforcement of Physical Placement

Filing fees

Clients are sometimes surprised that filing motions and other court documents requires a filing fee.  It’s important to double-check the amount of a the filing before submitting documents to your county’s Clerk of Courts.  The filing fee varies from county to county and action to action.

Filing fees

Friends of Abused Families

www.fafinc.orgThe goal of Friends of Abused Families in West Bend, Wisconsin, is to eliminate domestic violence and sexual assault by providing community leadership, expertise in crisis intervention and prevention education.

Friends of Abused Families

Harassment Restraining Order - Does the Court Have to Contact the Respondent before Issuing a TRO?

No.  A Court can issue a TRO without notifying the Respondent.  The Petitioner has the responsibility of notifying the Respondent and the local authorities.

Harassment Restraining Order - Does the Court Have to Contact the Respondent before Issuing a TRO?

Harassment Restraining Order - How Long is the Temporary Restraining Order in Effect?

The temporary restraining order is in effect until the court holds an injunction hearing.  The  injunction hearing shall be held within 14 days of issuing the temporary restraining order, unless an extension is granted.

Harassment Restraining Order - How Long is the Temporary Restraining Order in Effect?

Harassment Restraining Order - What Can the Court Order the Respondent to do if a TRO is Issued?

The court can order the respondent to (1) cease any harassment of the petitioner, (2) avoid the harassment of the petitioner, (3) avoid the petitioner’s residence or any premise temporarily occupied by the petitioner, and (4) any combination of these remedies.

Harassment Restraining Order - What Can the Court Order the Respondent to do if a TRO is Issued?

In Wisconsin, how can I get my name on my baby"s birth certificate?

If you were married to the mother of the child when the child was born your name will automatically appear on the baby’s birth certificate.  If you were not married to the mother of the child, there are two ways to have your name added to the birth certificate as the child’s father. Your name may not be added to the birth certificate as the child’s father unless you have voluntarily acknowledged paternity (by signing a Voluntary Paternity Acknowledgment form). In addition, your name will be added to the birth certificate as the child’s father if a court has legally determined you to be the father.

In Wisconsin, how can I get my name on my baby"s birth certificate?

Is a will written in another state legal in Wisconsin?

To be valid in Wisconsin, the will must comply with the laws of one of the following:  Wisconsin or the place where you properly signed your will, or the place where you lived when you properly signed your will.

Is a will written in another state legal in Wisconsin?

Items that can be purchased using your Flexible Spending Account (FS)

Money in your Flexible Spending Account can be used for medical expenses as well as vision and dental appointments, expenses, and procedures that may not be covered in your health plan.  Additionally, you can use your FSA to pay for co-pays on your office visits, over the counter medication, compression stockings, sunscreen that is more than 30 SPF, first aid kits, contraceptives, crutches, and vaccinations.  You can see a complete list of eligible expenses at wageworks.com.

Items that can be purchased using your Flexible Spending Account (FS)

Wisconsin Law News: The Union Law Ruling Battle

According to Bloomberg Businessweek, Wisconsin is currently up in arms over a recent union law ruling which bars unions from voting each year on whether or not they want to remain in existence. A lawyer for the state argues that the annual vote is a Constitutional right, and that the unions should be able to take a vote each year.

In the midst of the teacher riots in Chicago, states have taken a scrutinizing look at their own labor union laws, and Wisconsin as determined that their unions should not have the right to these types of votes. One Special Counsel representative named Joseph Olsen says that the court needs to reverse the ruling that says that recertification laws violate the U.S. constitutional guarantees of equal protection. The court currently upholds the stance that some unions are engaged in public safety and do not need to comply with the vote.

New legislation called Act 10 would require unions to poll their members each year to ask them whether or not they want to continue in the organization. If the union receives a positive number of votes from all members, then they would have the right to continue. Some think that the voting law is politically motivated and discriminatory. Others say that the law is necessary.

If you are involved in a legal discussion involving an employee union, then you have the right to get involved. If you are experiencing injustice, then talk to a local layer at our Washington County Firm. At Vanden Heuvel & Dineen we are focused on meeting all your legal needs. In addition to employment law, we work with criminal defense cases, real estate cases, business cases, personal injury cases and family law cases. Talk to us today for more information about how we can help you!

Wisconsin Law News: The Union Law Ruling Battle

It"s Time to Choose Your Medicare Prescription Drug Plan -- Don"t be Late!

The open enrollment for Medicare prescription drug plans in December 31, 2009, except for people who qualify for a special enrollment period.  Generally, there are two types of drug plans 1) a stand-alone prescription drug plan or 2) drug coverage attached to a private Medicare health plan.  To compare plan costs go to medicare.gov and click on the compare drug plans link.  Also, visit the Department of Health and Human Services open enrollment center at cms.hhs.gov/center/openenrollment.asp.

It"s Time to Choose Your Medicare Prescription Drug Plan -- Don"t be Late!

Landlord - Tenant Law

The Wisconsin Department of Agriculture Trade and Consumer Protection has adopted Wisconsin Administrative Code rules applicable to the conduct of landlords in residential rental practices.  A rental agreement is defined in Wis. Admin. Code ATCP 134.02(10) as “an oral or written agreement for the rental or lease of a specific dwelling unit or premises, in which the landlord and tenant agree on essential terms of tenancy such as rent”.  Rental agreements can generally be divided into two main categories:  (1) leases – those agreements where property is rented for a definite period of time, and (2) informal tenancies-those agreements with no definite termination date, including periodic tenancies and tenancies at will.  Use of written leases or rental agreements minimizes disagreements and disputes.  Counties and local municipalities may also have landlord-tenant ordinances.

Landlord - Tenant Law

Child Support - Is it Taxable?

No, if you are receiving child support, you are not required to pay tax on the child support.  If, however, you are receiving family support, you may be required to pay tax.  Please discuss this issue with your attorney or accountant.

Child Support - Is it Taxable?

Are Children"s Statements Admissible in a Court Proceeding?

Generally, such statements are hearsay.  Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case.  Look for a hearsay exception before offering the child’s statement.  You can potentially admit the child’s statement through an expert.  Wis. Stats. 907.03 allows experts to base their opinions on facts or data not available in evidence.  Hearsay exceptions which may be successful in the admission of a child’s statement include:

1.    Present sense impression;

2.    Excited utterance;

3.    The existing mental, emotional or facial condition; and

4.    Statements for purposes of medical diagnosis or treatment.

Statements of recent perception are admissible under Wis. Stats. 908.045.  For example, if a child says something at school to a teacher or to a daycare provider Wis. Stats. 908.045 may be a successful hearsay exception.

Are Children"s Statements Admissible in a Court Proceeding?

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

What is marital waste

In any divorce, the court looks to determine whether or not there has been any wrong doing by one party or the other, such as:  hiding assets or squandering marital property.  If your spouse squanders money on gambling or another person, sells assets for substantially less than they are worth, or buys expensive items without your agreement, this type of action could have an impact on the final property settlement.  This type of action is known as marital waste. The mere fact of making a bad decision or a poor investment does not mean that marital waste has been committed.  There is an element of wrongdoing which must be proved.

What is marital waste

Three Police Officers Thrown from Hawks Stadium

Even police are subject to the law, as was shown when three off-duty Bellevue cops were tossed out of the Hawks stadium on September 16^th. The two men and two women were enjoying the game, but becoming a nuisance to those around them and eventually got into an altercation with an on-duty Seattle officer. The three men were thrown out of CenturyLink Field for being intoxicated and using constant foul language during a confrontation with a fan. The fan told The Seattle Times that the three police officers began calling him foul names in front of the man’s 12-year-old son. The fan says that he was worried because the officers were younger than him, tougher than him, and clearly drunk.

He called the stadium ushers to report the officer’s irritating behavior. The ushers in turn contact the Fan Experience authorities and the alcohol-enforcement officers at the game. One of the women at the game was a female officer who told the fan that he should “watch himself” after reporting their behavior to the authorities. Currently, the Bellevue Police Department is investigating the issue and has not confirmed or denied reports. Depending on what evidence they find, they may take legal action or reduce the employment benefits for the officers who set a bad example at the game.

The group also surrounded and taunted a police officer outside the stadium who asked them not to litter when they started dropping trash on the ground. A Seattle officer saw what was going on and called back-up in order to preserve the safety of the female officer. When a sergeant and a lieutenant responded, they were also subjected to taunts, ridicule, and obscenities by the drunken group. This instance shows that police may be an authority but they are not perfect. They can make mistakes too. If you were arrested on false charges or treated roughly by a police officer, talk to a lawyer at our firm! Working this into your case may help to reduce or dismiss your charges!

Three Police Officers Thrown from Hawks Stadium

Expungement of Court Records/CCAP

Request is being made by the Wisconsin Bar Association to provide judges with broader powers to expunge court records because the records are too easily accessible online and sometimes abused by viewers.  http://wcca.wicourts.gov/index.xsl  Currently judges can expunge juvenile records and records of offenders under 25 who commit misdemeanors and low level felonies.  The State Bar of Wisconsin has petitioned the Supreme Court to adopt rules that would permit judges to erase records in an acquittal, if a case is dismissed, or if the minimum time for retaining the records is expired.  The basis for the request is abuse of http://wcca.wicourts.gov/index.xsl - CCAP records.  People are complaining that employers, landlords and romantic prospects are reviewing CCAP for non-legitimate purposes.  Discriminating against a person because of his/her criminal record is illegal in most cases.  http://dwd.wisconsin.gov/er/discrimination_civil_rights/publication_erd_7609_p.htm

Expungement of Court Records/CCAP

Wisconsin Law News: The Union Law Ruling Battle

According to Bloomberg Businessweek, Wisconsin is currently up in arms over a recent union law ruling which bars unions from voting each year on whether or not they want to remain in existence. A lawyer for the state argues that the annual vote is a Constitutional right, and that the unions should be able to take a vote each year.

In the midst of the teacher riots in Chicago, states have taken a scrutinizing look at their own labor union laws, and Wisconsin as determined that their unions should not have the right to these types of votes. One Special Counsel representative named Joseph Olsen says that the court needs to reverse the ruling that says that recertification laws violate the U.S. constitutional guarantees of equal protection. The court currently upholds the stance that some unions are engaged in public safety and do not need to comply with the vote.

New legislation called Act 10 would require unions to poll their members each year to ask them whether or not they want to continue in the organization. If the union receives a positive number of votes from all members, then they would have the right to continue. Some think that the voting law is politically motivated and discriminatory. Others say that the law is necessary.

If you are involved in a legal discussion involving an employee union, then you have the right to get involved. If you are experiencing injustice, then talk to a local layer at our Washington County Firm. At Vanden Heuvel & Dineen we are focused on meeting all your legal needs. In addition to employment law, we worth with criminal defense cases, real estate cases, business cases, personal injury cases and family law cases. Talk to us today for more information about how we can help you!

Wisconsin Law News: The Union Law Ruling Battle

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

Maintenance in a Lump Sum

Maintenance does not have to be paid on a monthly basis. It can be paid in one lump sum. A buy out of maintenance raises important and complicated tax issues. Consult an attorney or accountant before deciding to go ahead with a lump sum payment. The IRS offers a number of publications that may help you as you negotiate support: IRS Publication 505, Tax Withholding and Estimated Taxes, is one, and IRS Publication 504, Divorced or Separated Individuals, is another. Both are available at www.irs.gov or by phone request at 800-829-3676.

Maintenance in a Lump Sum

11 Tough Questions to Ask Before You Hire a Family Law Attorney

How long have you practiced law in Wisconsin?

What percentage of your practice is devoted to family law and divorce?

Will you send me a free copy of Divorce Mistakes That Could Cost You a Fortune?

Are you a member of the Wisconsin Academy of Trial Lawyers?

Are you a member of the American Trial Lawyers Association?

Have you previously represented people in situations like mine?

Do you have an AV rating, the highest rating offered by the international legal directory Martindale-Hubbell for legal skills, integrity and honesty?

If I ask you to represent me, will you give me your home telephone number and cell phone number so I can reach you any time I have an emergency?

If you’re away from the office, will someone in your office know about my case if I need help in your absence?

Will you discuss my case with me over the telephone?

How many trials have you conducted in the last five (5) years?

11 Tough Questions to Ask Before You Hire a Family Law Attorney

Earning Capacity and the Economy

The economy has made determination of earning capacity a much more difficult analysis. People both in and out of the job market are being forced to take cuts in pay or to alter their job requirements and plans. The question is whether or not maintenance calculations should be based on what a person actually earns or should be based on a person’s earning potential or earning capacity based on that person’s education, experience, qualifications and job marketability. It is not enough to look at past 2-W-2s or paychecks. The economy plays a role. In this writer’s opinion, earning capacity is not merely the job for which the person is qualified, but also the job the person can actually obtain in today’s job market. Earning capacity has been defined as “not an amount which a person can theoretically earn, nor is it combined to actual income, but rather it is an amount which a person can realistically be expected to earn considering vocational skills, age and health.” Availability of jobs is also a significant factor.

Earning Capacity and the Economy

Preparing for Divorce - 25 Steps to Take

1. Talk to a number of divorce lawyers. Check out their ratings under AVVO and Martindale Hubble. Try to select an attorney that is familiar with your local rules and judges, and primarily practices in the area of divorce and family law. Figure out how you are going to pay an attorney.

2. Consider consulting with a therapist. Divorce is not easy. You may need assistance in the transition.

3. Get a new email account with a user name and password your spouse does not know and will not be able to guess. Get your own computer. You do not want your spouse to have any access to your computer.

4. Get a post office box. You want to make sure that you are able to get communications from your divorce attorney that are sent exclusively to you and are not accessible to other parties.

5. Set up your own cell phone account. You do not want your spouse to have access to your private conversations.

6. Get a copy of your credit report so that you can ascertain your credit history as it is made available to third parties. Make any necessary corrections.

7. Open your own bank accounts. These accounts should be in your own name and probably in a different bank than where your spouse’s or your joint accounts are located. Use a different address for your new bank accounts.

8. Make copies of your income tax returns for the last five years, including W-2s and 1099s.

9. Apply for your own, individual credit cards. Consider closing or placing limits on joint accounts.

10. Video or make a list or take photographs of all items of personal property in your residence and other real estate. Identify which items were gifted or inherited and which items you brought into the marriage. If you have any receipts for the personal property, make copies of them.

11. Consider hiring your own accountant or financial advisor.

12. Consider closing or freezing joint accounts.

13. You may want to consider advising your bank that no withdrawals can be made from retirement accounts, etc., without written authorization of both parties.

14. If you are the lower income spouse, consider finishing your education or additional training. Two cannot live for the price of one.

15. Consider whether or not you should look for a different job. This is not an easy decision, especially if there are children to be considered and the increased cost of childcare.

16. Decide where you are going to live. Are you best served remaining in the residence, or should you obtain alternate housing. Generally do not leave the residence without a prior, written agreement relative to placement of the children.

17. Get the basics, including dates of birth, social security numbers, date and place of marriage, information about prior marriages and divorces, occupations, employers, education and degrees of each spouse, payroll stubs, a copy of any prenuptial agreement, appraisals, business evaluations, if applicable, mortgage balances, retirement plan statements. Make a copy of all your financial records, including any assets or debts. Know the names and addresses of your financial institutions.

18. Try to assess your financial situation. What is the income of each spouse? What are the expenses of each spouse? Detail your assets and liabilities.

19. What are your employee benefits from your job? Make sure you get copies of life, health and disability insurance policies. Know who the beneficiaries are on these policies.

20. Provide your attorney with a copy of any Will or Trusts that are currently in existence. Obtain COBRA coverage information.

21. If you are moving into another residence, take your personal items with you, i.e., photographs, jewelry and items of special significance.

22. Consider what type of divorce works for you – collaborative, cooperative or traditional.

23. Talk to your spouse about the divorce. If both of you can agree to the divorce, the steps to completing the divorce process will be easier and you are likely to have a smoother transition.

24. Request an earnings and benefit statement from the Social Security Administration for yourself and for your spouse. Form SSA-7704.

25. Keep a log of the time you spend with your children and the type of activities in which you participate.

Preparing for Divorce - 25 Steps to Take

Facebook, Twitter, MySpace are Here to Stay

You don’t need to hire a detective if you are trying to establish your spouse’s infidelity. Too often you can simply use social media including Facebook, Twitter, MySpace, Match.com, eHarmony, etc., to obtain information about your spouse’s internet relationships. When you choose to “friend” or “follow” or when you “write on a wall” or when you list your significant other as a “friend” on your profile, the impact on your marriage can be great. Facebook, Twitter, MySpace cannot be erased. Just because you press a button that says delete does not mean the information does not leave a permanent digital trail. Information posted on Facebook is often used as evidence in divorces. For example, if a separated man on Facebook in his efforts to imbelish his profile indicates that he earns $100,000 when he does not, that information can be used against the husband in the divorce trial. Inappropriate pictures also are fuel for placement and custody cases. The bottom line is be careful what you post online.

Facebook, Twitter, MySpace are Here to Stay

Domestic Violence Information is Available

Check out the National Domestic Violence Hotline:  1-800-799-SAFE or the National Coalition Against Domestic Violence:  www.ncadv.org or 303-839-1852.

Domestic Violence Information is Available

What is the Child Tax Credit?

The Child Tax Credit provides credit for a child who is under 17, didn’t provide more than half of his/her own support during the year and lived with you for more than half of the year.

What is the Child Tax Credit?

Who is Going to be Awarded Placement of my Dog, Jack, When I Get Divorced?

Pets are not considered children, and generally the Court will not award “placement” of the dog unless the parties themselves can work out some sort of an agreement.  Pets are considered property and Courts treat them as such during a divorce.  There are lawyers who specialize in pet issues.  Check your local bar association, animal law section.  You can also checkout the website of the National Association for Biomedical Research, Animal Law Section, at www.nabr.org/animallaw .

Who is Going to be Awarded Placement of my Dog, Jack, When I Get Divorced?

COBRA Coverage is Not Always the Best

Before selecting COBRA coverage after a divorce, the party requiring health insurance should compare the COBRA coverage to other individual plans, including temporary insurance plans.  This can be done by seeking information from various health insurance providers, but also try www.ehealthinsurance.com which allows for comparison shopping.

COBRA Coverage is Not Always the Best

Maintenance - What are other factors the Court may consider?

Wis. Stat. Sec. 767.56 Maintenance provides a list of considerations the court should take into consideration in awarding maintenance.  The last factor to be considered is “other factors as the court may in each individual case determine to be relevant.”  This other factor may include a relationship with another person on the date of divorce.  While the court may not relieve a payor of maintenance based solely on the fact that the payee is cohabitating, if cohabitation enhances the recipient spouse’s financial circumstances, then maintenance may be modified or terminated.  Addictions may also be considered “other factors.”  Consider alcoholism, gambling, marital waste, etc.  On the other side, significant health issues may be another factor.

Maintenance - What are other factors the Court may consider?

Don"t Just Accept the Results of a DSS Study. It Must be Supported by the Evidence

Wis. Stats. 767.405 (14)(b)1 provides that county custody/placement studies are governed by the rules of evidence.  The report must be offered in accordance with the rules of evidence and shall be part of a record in the action if it is so offered and admitted into evidence.  The court may review the report, but may not rely upon it as evidence before it is properly introduced.

Don"t Just Accept the Results of a DSS Study. It Must be Supported by the Evidence

Are Children"s Statements Admissible in a Court Proceeding?

Generally, such statements are hearsay.  Wis. Stats. 906.11 gives the Court broad authority to control the presentation of evidence, including statements of children in a custody case.  Look for a hearsay exception before offering the child’s statement.  You can potentially admit the child’s statement through an expert.  Wis. Stats. 907.03 allows experts to base their opinions on facts or data not available in evidence.  Hearsay exceptions which may be successful in the admission of a child’s statement include:

1.    Present sense impression;

2.    Excited utterance;

3.    The existing mental, emotional or facial condition; and

4.    Statements for purposes of medical diagnosis or treatment.Statements of recent perception are admissible under Wis. Stats. 908.045.  For example, if a child says something at school to a teacher or to a daycare provider Wis. Stats. 908.045 may be a successful hearsay exception.

Are Children"s Statements Admissible in a Court Proceeding?

Don"t Confuse Gifted or Inherited Property with Property Brought to the Marriage

Wisconsin property division statutes Wis. Stat. Sec. 767.61(3) creates a presumption that the marital estate should be divided equally, except for properties shown to have been inherited or gifted.  Inherited property is removed from the presumption entirely.  Under 767.61(3) the presumption applies subject to a number of adjustments to all other property.  One of the adjustments is (b) property brought to the marriage by each party.  Property brought to the marriage by each party is subject to the presumption and it must be argued that an exception to the presumption should be made giving the property back to the client.  Look to the length of the marriage and the work history of the parties in order to address property brought to the marriage.

Don"t Confuse Gifted or Inherited Property with Property Brought to the Marriage

New Law -Carbon Monoxide Detectors Will Be Required In All Homes

New Law -Carbon Monoxide Detectors Will Be Required In All Homes

What is COBRA coverage?

The Consolidated Omnibus Budget Reconciliation Act (COBRA) requires businesses with at least twenty (20) employees to offer temporary extended health care plans to employees and their families in certain instances where coverage under a plan would otherwise end.  While several events can trigger the right to COBRA coverage, COBRA is important in some divorce cases because it permits a person to apply to his/her ex-spouse’s health insurance company for continued health insurance coverage for three (3) years after the parties are divorced.  The person applying for the continued coverage, however, is responsible to pay for the insurance unless the parties agree otherwise.

What is COBRA coverage?

Consideration of disability during hiring process

An employer may not ask whether a prospective employee has a disability that may affect his ability to perform a job.  An employer certainly can determine the qualifications necessary to successfully perform a job, but cannot ask directly about the existence of a disability.

In the event the prospective employee indicates that he has a disability that may require an accommodation, however, things change slightly.  At that point, an employer may ask what types of accommodations would allow the prospective employee to perform the functions of the job.

Consideration of disability during hiring process

Estate Tax in the United States

The estate tax is a tax imposed on the transfer of the “taxable estate” of every decedent who is a citizen or resident of the United States.  This applies whether such property is transferred via a will, according to the state laws of intestacy or otherwise made as an incident of the death of the owner, such as a transfer of property from an intestate estate or trust, or the payment of certain life insurance benefits or financial account sums to beneficiaries.  The estate tax is one part of the Unified Gift and Estate Tax system in the United States.  The other part of the system, the gift tax, imposes a tax on transfers of property during a person’s life; the gift tax prevents avoidance of the estate tax should a person want to give away his/her estate.

Estate Tax in the United States

School Records in Divorce Actions

The school records of minor children who are subjects of custody and placement actions are important to any determination by the guardian ad litem or social worker.  It is imperative, however, that you send an authorization not only to the school for the academic records, but also a specific authorization to the guidance counselor.  Records of the guidance counselor are generally not included in the general school file of a student.

School Records in Divorce Actions

Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service

When an obligation was incurred before entry on active duty, the interest rate goes down to 6%, unless the creditor (bank, finance company, credit card issuer, etc.) can prove in court that the member’s ability to pay was not materially affected by military service.  The term “interest” includes service charges.

The new Act clarifies the rules on the 6% interest rate cap on pre-service loans and obligations by specifying that interest in excess of 6% per year must be forgiven.  50 U.S.C. App. Sec. 527(a)(2).  The absence of such language in the SSCRA has allowed some lenders to argue that interest in excess of 6% was merely deferred.

The SCRA also specifies that a SM must request this reduction in writing and include a copy of his/her military orders.  50 U.S.C. App. Sec. 527(b)(1).  Once the creditor receives notice, it must grant the relief effective as of the date the servicemember is called to active duty.  The creditor must forgive any interest in excess of six percent with a resulting decrease in the amount of the periodic payment that the servicemember is required to make.  50 U.S.C. App. Sec. 527(b)(2).  The creditor may challenge the rate reduction if it can show that the SM’s military service has not materially affected his or her ability to pay.  50 U.S.C. App. Sec. 527(c).

Interest Rates on Debts and Mortgage Payments May Go Down When a Person Enters Military Service

Change of Substantial Circumstances in Divorce Actions

A substantial change of circumstances is fact intensive:  “The term ‘substantial change of circumstances’ is well-known in family law.  It focuses on the facts.  It compares the facts then and now.  It requires that the facts on which the prior order was based differ from the present facts, and the difference is enough to justify the court’s considering whether to modify the order.”  Beaupre v. Airriess, 208 Wis.2d 238, 245-46 (Ct. App. 1997).

Change of Substantial Circumstances in Divorce Actions

Website Help in Divorce and Child Support Cases in Wisconsin

1. http://www.supportguidelines.com (collection of child support cases across the country)


2. http://abanet.org/family (also provides links to military information for child support)


3. http://www.ccap.courts.state.wi.us/internetcourtaccess (provides access to information on closed and pending cases


4. Child Support Percentage Worksheet http://www.wisconsinforms.com/forms/cs3/pdf


5. Child Support Calculators http://www.wisconsinfathers.org http://www.dwd40calculator.com

Website Help in Divorce and Child Support Cases in Wisconsin

Three Police Officers Thrown from Hawks Stadium

Even police are subject to the law, as was shown when three off-duty Bellevue cops were tossed out of the Hawks stadium on September 16^th. The two men and two women were enjoying the game, but becoming a nuisance to those around them and eventually got into an altercation with an on-duty Seattle officer. The three men were thrown out of CenturyLink Field for being intoxicated and using constant foul language during a confrontation with a fan. The fan told The Seattle Times that the three police officers began calling him foul names in front of the man’s 12-year-old son. The fan says that he was worried because the officers were younger than him, tougher than him, and clearly drunk.

He called the stadium ushers to report the officer’s irritating behavior. The ushers in turn contact the Fan Experience authorities and the alcohol-enforcement officers at the game. One of the women at the game was a female officer who told the fan that he should “watch himself” after reporting their behavior to the authorities. Currently, the Bellevue Police Department is investigating the issue and has not confirmed or denied reports. Depending on what evidence they find, they may take legal action or reduce the employment benefits for the officers who set a bad example at the game.

The group also surrounded and taunted a police officer outside the stadium who asked them not to litter when they started dropping trash on the ground. A Seattle officer saw what was going on and called back-up in order to preserve the safety of the female officer. When a sergeant and a lieutenant responded, they were also subjected to taunts, ridicule, and obscenities by the drunken group. This instance shows that police may be an authority but they are not perfect. They can make mistakes too. If you were arrested on false charges or treated roughly by a police officer, talk to a lawyer at our firm! Working this into your case may help to reduce or dismiss your charges!

Three Police Officers Thrown from Hawks Stadium