Length of time cases are on CCAP

Case information is available on CCAP for varying lengths of time depending on the type of case.  For example, family cases are on CCAP for 30 years, while traffic forfeiture cases are only online for 5 years.

Length of time cases are on CCAP

Maiden name

Often not the most important consideration, but one that sometimes is overlooked – returning to one’s maiden name.  At some time during the pendency of a divorce, it is important for the wife to decide whether she wants to return to the use for her former legal surname.  She will be asked for a final decision on this issue at the final hearing.

Maiden name

Prepare for Children's Out of State Travel After Divorce

When you and your spouse are determining the custody and placement provisions of your Marital Settlement Agreement as part of your divorce action, don’t forget to address the possibility of your children’s out of state travel or out of the country travel during your or your spouse’s placement. The answer will depend on the terms of the Judgment of Divorce, which is either determined by the Court or by mutual agreement of you and your spouse. Your divorce agreement should include all or some of the following provisions regarding travel with your children:

• Limits on the duration of any out of state or out of country travel.


• Limits on distance of travel whether in state, out of state or out of country.


• Complete itinerary including flights, hotels, etc.


• Phone numbers, email addresses, etc.


• Passport availability for the child(ren); who holds the passport?


• Ability to fly without adult companion. Check with the airline for any travel requirements.


• Notice requirements.


• Make sure your children have identification on their person.


• Make sure your children have information detailing where you can be reached including cell phone, email address, third-party contact, work number, etc.


• It is strongly recommended that the children have a note from the non-traveling parent “acknowledging that my ex-spouse is traveling out of the country with my child ‘Sam.’  My ex-spouse has my permission to do so.” Get the note notarized.


• Some countries require more official documentation from the parent who is not traveling with the children. Know the requirements in advance.


• A medical release is a good idea for minor children.


• If your children are going to miss school, advise their teachers and get any necessary homework.

Hopefully you and your spouse can cooperate relative to traveling with your children. It’s fun to go to Disneyland or to Wisconsin Dells or to Grandma’s house in Colorado or to visit the Eiffel Tower in France, but there have to be perimeters on travel that apply across the board to both parties. If there is ever a fear that the children will be taken across state lines or out of the country without notice or permission, try to address these issues in advance, rather than after the fact. Contact a Wisconsin custody attorney for assistance.

Prepare for Children's Out of State Travel After Divorce

Maintenance/Alimony

In certain circumstances, Wisconsin law provides for an exhusband or exwife to provide support to the former spuose.  This is called maintenance, alimony or spousal support.  The amount of maintenance that one spouse is required to pay to the other is based on many factors, a few of which include the duration of the marriage, the contribution of each spouse to the marriage, including child care homemaking, etc., physical and emotional health of each party, age of each party, standard of living during the marriage, etc.

Maintenance/Alimony

Hospital Inpatient or Observation Status? Be Sure to Ask!

If you are hospitalized, the determination whether you are categorized as an inpatient or as observation status is vital. Even if you stay in the hospital overnight, you may still be considered an outpatient with observation status. Your status as an inpatient or outpatient effects how much you pay out-of-pocket for hospital services. Equally important, it effects whether Medicare will later cover your care in a skilled nursing home facility.

I was flabbergasted when one of my parents was hospitalized and a determination was made that my parent was an outpatient with observation status even though she was hospitalized overnight. The financial impact is substantial. You are an outpatient with observation status if you receive hospital services provided to help the doctor determine if  you actually need to be admitted as an inpatient. Again, while to me it makes little sense, this rule applies even if you are a hospital inpatient pursuant to your doctor’s orders.

These provisions substantially impact everyone, but particularly Medicare recipients. Medicare Part A covers inpatient hospital services. As a general rule, an inpatient pays a one-time deductible for the first 60 days of hospitalization. Medicare Part B pays most of your physician’s services when you are an inpatient. You pay 20% of the Medicare approved amount for physician services after paying the Part B deductible.

If you are determined to be a patient with observation status, payments are limited. You pay a co-payment for each individual service received at the hospital. Prescription and over-the-counter drugs are not covered. You will likely need to pay out-of-pocket for these prescriptions and submit a claim to your drug plan for a refund. www.medicare.gov/publications  For example, if you are admitted into the hospital with chest pain and the hospital keeps you two nights for observation services, you are classified as an outpatient and Medicare A pays nothing. Medicare Part B, subject to co-pays, will pay physician’s services and hospital outpatient services.

This is also a significant determination, ie., whether you are classified as inpatient or outpatient with observation status, because of the impact on skilled nursing facility care. Medicare Part A will only cover care at a skilled nursing facility if you have been a hospital inpatient for at least three days in a row, counting the day you were admitted as an inpatient, but not counting the day of your discharge.  If you don’t have a three day inpatient hospital stay and you need care after discharge from the hospital, Medicare Part A will not cover.

This entire analysis seems to contradict Medicare guidelines which recommend that observation stays be no longer than 24 hours and only “in rare and exceptional cases” extend past 48 hours. Consumer Advocates take the position that the “observation status” practice unfairly shifts cost to patients.

For further information or help:

• On Part A and Part B coverage, read your “Medicare & You” handbook or call 1-800-MEDICARE (1-800-633-4227), TTY users should call 1-877-486-2048.


• About coverage of self-administered drugs, view the publication “How Medicare Covers Self-Administered Drugs Given in Hospital Outpatient Settings” by visiting www.medicare.gov/publications or call1-800-MEDICARE for a free copy.


• To ask questions or report complaints about the quality of care of a Medicare-covered service, call your Quality Improvement Organization (QIO). Call Medicare 1-800-MEDICARE to get the phone number. You can also visit www.medicare.gov/contacts.


• To ask questions or report complaints about the quality of care or the quality of life in a nursing home, call your State Survey Agency. Call 1-800-MEDICARE to get the phone number. You can also visit www.medicare.gov/contacts.

If you or a member of your family find yourself in this catch 22, know that you can appeal the determination of observation rather than inpatient status. Contact an experienced elder care attorney for assistance. Attorney Lisa M. Vanden Heuvel at Vanden Heuvel & Dineen, S.C. is able to guide you through the process.

Hospital Inpatient or Observation Status? Be Sure to Ask!

Maintenance Buyout

A spouse can buyout maintenance.  This buyout may be part of the property settlement that would increase the property received by the spouse seeking maintenance.  Before offering a buyout of maintenance, a spouse most consider the present value of the money and the tax consequences.  The value of a dollar today is probably worth more than the value of a dollar tomorrow.  As a result, a buyout of maintenance will generally be less than the total value of maintenance paid over the long term.

Maintenance Buyout

Divorce Rate for Older Couples on the Increase

The divorce rate for older adults is increasing, according to sociological studies as reported in the New York Times , and as well known to practicing divorce attorneys who witness the increase as part of everyday practice.. The divorce rate among people over 50 has doubled since 1990. The reasons for the increase in the divorce rate of long-married, older couples is varied. These reasons include increased longevity, increased self-awareness and independence of women, starting over before it’s “too late,” greater acceptance of divorce, the “Viagra” effect, the higher acceptance of divorce among baby boomers, greater lifestyle options and more. If a person is 65 years old and healthy, he/she can expect to live another 20 to 30 years in pretty good shape. Why stay in a bad relationship, when there is potentially a more positive, fun, intimate and adventurous relationship waiting on the other side of divorce? “A lot of marriages died a long time ago, but because of the shame involved, people often stuck together for the children. Now the children are grown, Viagra is another reason–men are able to satisfy younger women, and people are living longer and they can get out and still have a life,” according to Robert D. Gould, a divorced New York lawyer, who handles matrimonial cases. Life is short and an “is this all there is?” mentality is giving women and men the impetus to make the tough decision to file for divorce.

Divorce at any age is difficult, but divorce for those over 50 presents its own hurdles and problems. Many women who were stay-at-home moms have lower Social Security benefits, because Social Security is based in part on work history. Sometimes adult children and friends place guilt and anger on the parent who wants a divorce. Finances and budgets are often dependent on pension and retirement income, rather than earnings and earning capacity. Health may be deteriorating. Physical limitations may make living alone more difficult. Divorce can and does contribute to economic hardship and may put a strain on health. Divorce may  increase the need for support from the government and other sources.

In some instances, divorce may be the correct financial answer, in view of the financial and medical circumstances of the married couple. For example, a party may be better able to qualify for Medicaid and other tax-funded programs as a divorced versus a married person. The parties may still live together, but decide to get divorced in order to obtain economic benefits available to a party individually, but not as part of a married couple. As a single person, one partner may be shielded from the other party’s debts in the event of serious illness or other catastrophic expenses. With today’s domestic partnership laws, divorce may be a financial tool in some circumstances. People may simply decide to live together as another alternative. More on this issue will be addressed in next week’s blog.

The bottom line regarding divorce in a long-term marriage is the need to select a divorce attorney knowledgeable of the special requirements of long-term marriages ending in divorce. The divorce attorney representing older couples needs to address Social Security, Medicare, Medicaid, health insurance, long-term care, nursing home care, retirement and pension benefits, maintenance, asset retention and division, caregiver requirements, estate planning, life insurance, beneficiary designation, special needs trusts, children and grandchild relationships, guardianships, health and financial powers of attorney, etc. For a free evaluation call Wisconsin Divorce Attorney Linda S. Vanden Heuvel at 1-800-805-1976 or Wisconsin Elder Law Attorney Lisa M. Vanden Heuvel at 262-250-1976.

Divorce Rate for Older Couples on the Increase

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Test Post from VHD Law

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