What Impact Does My Use of Social Media and Other Technological Devices Have on Custody and Placement and Other Aspects of My Divorce?

Whatever you place on social media is generally fair game for your spouse and his or her attorneys to include in any trial evidence. While your Facebook information may be funny and outrageous to your friends and family, a totally different spin can be placed on the same information by your spouse or the court. Act under the presumption that anything you place on social media will be accessible to the other party, either through discovery or otherwise.

Check your email, Instagram, Facebook, Twitter, Linked-In, and other social media accounts. Make sure there is nothing on these accounts that can be used against you in the divorce. Remove or block anything potentially incriminating. Rest assured that if this information is on social media, it is accessible to your spouse and his or her attorney.

Also be extremely careful of the emails and texts you send to your spouse. They can be kept for years. Emails can be printed. These communications are generally admissible in court.

Every now and then check your car. Make sure that your GPS data is erased. Make sure your car is not tagged with a GPS. Your I-PASS (Illinois electronic toll collection system) can be traced. It is possible to determine when your car has passed through tolls.

Dating websites are also a source of much information, including income and assets. Your web history is also subject to subpoena in some circumstances. Be aware of these factors before and during the divorce process and make sure to take any necessary precautions.  If you wait, it may be too late.

What Impact Does My Use of Social Media and Other Technological Devices Have on Custody and Placement and Other Aspects of My Divorce?

Physical Placement is Not One Size Fits All

When clients ask me about physical placement of their children, each client’s situation must be considered and weighed on an individual basis. What works for one family does not necessarily work for another. It is very important to find an attorney who is familiar with not only the laws of the State of Wisconsin regarding custody and placement, but also has education and background in child development and other placement strategies. I devote an entire chapter of my book, Divorce in Wisconsin, to child custody and placement and also welcome your questions by email at  linda@vhdlaw.com.

What is physical placement of a child?

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.

What are the different types of physical placement?

In most cases each parent is awarded periods of physical placement of the children. The actual placement arrangement may take one of three basic forms:

• Primary placement—One parent has primary placement of the children. The other parent has periods of placement, which could take the form of every other weekend during the school year plus extra time in the summer. There is also usually an alternating of holidays. This is only an example and many other options can be applied.


• Shared placement—Under Wisconsin law, parents have a shared placement schedule if each parent has at least 25 percent or ninety-two days a year of physical placement with the minor children. The periods of physical placement are determined by calculating the number of overnights of each parent and dividing that number by 365. An example of a shared placement schedule is a 50/50 alternating week schedule.


• Split custody—Occasionally, and for a wide variety of reasons, children are split between the parents. With split custody, the placement schedules are usually set up to have the children together every weekend and for substantial times in the summer. There is a special split custody child-support rule that offsets and nets the child-support obligations of the parents.

Please feel free to call me at 1-800-805-1976. Vanden Heuvel & Dineen, S.C. has offices in Germantown, West Bend, Milwaukee, Appleton, Sturgeon Bay and Sister Bay, Wisconsin, to address your divorce and custody and placement needs. Contact divorce Attorney Linda S. Vanden Heuvel at www.vhdlaw.com.

 

Physical Placement is Not One Size Fits All

Student Loan Forgiveness Act in Effect

Two out of three college students graduate with student loans averaging $23,000.00. The Healthcare and Education Reconciliation Act gives student-borrowers new options in loan repayment. The Act expands the income-based repayment plan for Federal student loans.

Under this new law, students enrolling in college in 2014 or after have the following student loan options:

1. Borrowers choosing income-based repayment will pay no more than 10 percent of their income above a basic living allowance. This is a reduction from 15 percent under current law. The allowance is currently $16,500.00 for a single person and $33,000.00 for a family of four.


2. Student loans will be forgiven after 20 years or after 10 years for those in public service such as teachers, nurses, and military personnel. Borrowers must make monthly payments during the initial loan period.


3. Effective July 1, 2015, all new loans will be direct loans by private companies under contracts with the Department of Education.

In addition, the Obama Administration is studying new bankruptcy options for student loan borrowers. Under current law, most student loans cannot be discharged in bankruptcy.

While students and their parents generally favor the above loan options, there is also much criticism of the plan which does not address the cost of education, the miss-use of student loans, and the burden on the taxpayer, government, and financial institutions resulting from non-payment of student loans.

 

Student Loan Forgiveness Act in Effect

Divorce in Wisconsin - A Practical Guide for Divorce

Attorney Linda S. Vanden Heuvel of Vanden Heuvel & Dineen, S.C. published Divorce in Wisconsin this month.  The book is a practical question and answer guide to day-to-day divorce issues. Attorney Vanden Heuvel, a top-rated Wisconsin divorce attorney and family law attorney, wrote the book as a guide for clients who do not understand the divorce process. Divorce impacts not only the parties going through the divorce, but also children, family, friends, and more. Divorce impacts financial issues, the marital home, retirement–in actuality, the entire future life of anyone going through a divorce. It is important to know the answers to basic divorce questions.

Using an easy question and answer format, Attorney Vanden Heuvel offers clear, concise information that will help clients build their confidence and gain peace of mind during this often difficult time. Divorce in Wisconsin provides answers to more than 350 legal questions.

To contact Attorney Linda S. Vanden Heuvel call 1-800-805-1976 or click here to send her an email.

Divorce in Wisconsin - A Practical Guide for Divorce