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 somttimes 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

Facebook Information

Be careful what you place on Facebook.  In a recent divorce action, I was able to ascertain the other party’s income based on information he had placed on Facebook and on a dating service questionnaire.

Facebook Information

Fair Housing

The Wisconsin Fair Housing Law protects the rights of people in the rental or purchase

of housing.In Wisconsin it is illegal to discriminate in renting or selling housing because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age or ancestry.

Fair Housing

No to Same-Sex Marriage in Wisconsin; 19 States Allow Same-Sex Marriage

Yesterday the Wisconsin Supreme Court declined to hear a petition brought by a same-sex couple seeking to strike down the State’s constitutional ban on gay marriage. A separate Federal lawsuit filed by eight same-sex couples remains pending in the Western District of Wisconsin in Madison. Nineteen states now allow same-sex marriage. These states include:

• Massachusetts


• California


• Connecticut


• Iowa


• Vermont


• New Hampshire


• New York


• Washington


• Maine


• Maryland


• Rhode Island


• Delaware


• Minnesota


• New Jersey


• Hawaii


• Illinois


• New Mexico


• Oregon


• Pennsylvania

Every state which does not allow same-sex marriage has pending litigation challenging the ban.

No to Same-Sex Marriage in Wisconsin; 19 States Allow Same-Sex Marriage

Grounds for Divorce in Wisconsin

In Wisconsin, the only necessary ground for divorce is that one party believes that the marriage is irretrievably broken.

Grounds for Divorce in Wisconsin

Harassment Restraining Order - Where can the Petition be Filed?

You can file a Petition for Temporary Restraining Order and Injunction in the following places:

1.   The County where the Petitioner resides

2.   The County where the Respondent resides

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

Harassment Restraining Order - Where can the Petition be Filed?

High Income Earner

For child support purposes, there are difference child support calculations depending on one’s income.  High income earners are people that make $84,000.00 or more per year.  That ends up being $7,000.00 per month.  Speak with an attorney if you fall into this category.

High Income Earner

High Tech Monitoring of Children

A wave of the future appears to be high tech monitoring of children.  This can be accomplished by activating a “chaperone service” on your child’s cell phone, which will identify his location.  70% of cell phones in the United States are GPS enabled and these types of devices are becoming more popular by the day.  Other cell phone spies are “cell phone spy” and “my mobile watch dog” which allows a parent to read another’s text messages.  “Car chip pro” plugs into a port below the dashboard producing an online report that highlights whenever someone slams the brake or guns the gas.  See “Smart Money” March 2010.

High Tech Monitoring of Children

How do I locate a collaborative divorce attorney?

Try an internet search for your location with the terms “collaborative law” “collaborative divorce” and “collaborative attorney.”  You can also contact the International Academy of Collaborative Professionals at www.collaborativepractice.com.

How do I locate a collaborative divorce attorney?

Changes to Wisconsin"s Domestic Abuse Injunction Laws

There have been changes to Wisconsin Domestic Abuse Injunction statutes, Wis. Stats. 813.12.  The changes include:

1.    The petitioner must provide information regarding other cases involving the parties.

2.    The parties may stipulate to the issuance of a harassment injunction instead of a domestic abuse injunction.

3.    The court must provide written information to the petitioner regarding service by the sheriff’s department.

4.    Either party has 30 days to file for a de novo review and the hearing must be held within 30 days of filing.

Changes have also been made to Wis. Stats. 813.125 Harassment Injunctions.  These changes include:

1.    The ability to publish a harassment injunction.

2.    A child, parent, step-parent or legal guardian of a child may be a petitioner.

3.    A guardian ad litem may be appointed for a child party.

4.    The petitioner must provide information regarding other cases involving the parties.

5.   The court must provide written information to the petitioner regarding service by the sheriff’s department.

6.    The court may not dismiss or deny a TRO or an injunction based on a pending action between the parties or an already existing no contact order or the need to verify the terms of an already existing no contact order.

7.    The court may order the sheriff to accompany the petitioner to place the petitioner in possession of his or her residence or serve the TRO or injunction.

8.    A confidential petition addendum is required.

9.    Either party has 30 days to file for a de novo review and the hearing must be held within 30 days of filing.

Changes to Wisconsin"s Domestic Abuse Injunction Laws

How do I protect my elderly parents from potential elder abuse by caregivers?

It is important for family member to always be alert to changes in patterns which may be a signal to a problem. Be alert to:  unpaid bills, missing property, unexplained withdrawals from accounts, changes in banks or how statements are delivered, unfamiliar signatures on checks or documents, and changes in personal amenities and grooming items. All of these things can be signals to a problem. The vigilance of relative and friends is key to preventing abuse. The easiest and best prevention method is to check on the elderly person often.

How do I protect my elderly parents from potential elder abuse by caregivers?

I am divorced, do I have a right to my ex-husband"s social security?

If you were married ten years or longer, you can receive social security benefits as a widow or widower if your ex-spouse dies, even after your divorce and even after your ex-spouse remarries.  Benefits paid to a surviving divorce spouse who is 60 or older will not affect the benefit rates for other survivors receiving benefits; meaning your children’s benefits won’t be affected if you are over 60.  If you remarry before you turn 60, you lose the entitlement to survivor’s benefits from your former spouse unless your later marriage ends before the death of your former spouse.  If you remarry after age 60, you can still collect benefits on your former spouse’s record.  For more information see:  www.ssa.gov.

I am divorced, do I have a right to my ex-husband"s social security?

I owned my home prior to marriage. Do I get it back on divorce?

Generally, no.  The court presumes that all property that is not a gift or inheritance is to be divided equally between the parties, but may alter this distribution without regarding to marital misconduct after considering the following:1.  Length of the marriage.

2. Property brought to the marriage.

3. Whether one of the parties has substantial assets not subject to division.

4. The contribution of each party to the marriage, giving appropriate economic value to each parties contribution in homemaking and child care services.

5. The age and physical and emotional health of the parties.

6. The contribution of one party to the education, training or increased earning power of the other.

7. The earning capacity of each party.

8. The desirablility of awarding the family home or right to live therein for a reasonable period of time to the party having physical placement.

9. The amount and duration of an order granting maintenance to either party.

10. Family support payments and whether the property division is in lieu of such payments.

11. Other economic circumstances of each party.

12. The tax consequences to each party.

13. Any written agreement made by the parties before or during the marriage concerning property distribution.

14.  Such other factors as the court deems relevant.

Applying these factors, you can make an argument that despite the presumption of equal division, you should be awarded a premarital interest of your residence.

I owned my home prior to marriage. Do I get it back on divorce?

If I am injured or incapacitated, can my partner, to whom I am not married, make medical or financial decisions on my behalf?

Not unless you have executed a Durable Power of Attorney and/or a Health Care Power of Attorney giving your partner the specific authority to make those decisions.

If I am injured or incapacitated, can my partner, to whom I am not married, make medical or financial decisions on my behalf?

If you suspect that your sexual partner is being unfaithful, run, don"t walk to your nearest clinic.

If you suspect your partner is unfaithful, you should be tested for all sexually transmitted infections.  This includes HIV, human papillomavirus, chlamydia, gonorrhea, syphilis and herpes simplex.  There is also a test for mycoplasma which is a respiratory illness caused by contact with an infected person.  The website for Center for Disease Control and Prevention is www.cdc.gov/std.

If you suspect that your sexual partner is being unfaithful, run, don"t walk to your nearest clinic.

Interrogatories

An interrogatory is a written question, usually in a set of questions, submitted to an opposing party in a lawsuit as part of discovery.

Interrogatories

Legal duty

A legal duty is a duty arising by contract or by operation of law.  It is an obligation the breach of which would be a legal wrong.

Legal duty

Mediation

Mediation is often defined as a method of nonbinding dispute resolution involving a neutral third party who tries to help the disputing parties reach a mutually agreeable solution.In the family law context, mediation is often used to try and resolve custody and placement disputes.  By mediating custody and placement disputes, courts seek to improve the lives of parents and children by facilitating communication between parents and working towards a resolution satisfactory for both parties.  Mediation can be used to allow parties to work disputes out themselves, without court involvement.

Mediation

Move Over Law

To help protect maintenance workers and emergency responders, the State of Wisconsin has passed a move over law, which requires drivers to shift lanes and/or slow down in the event an ambulance, police car, fire truck, tow truck or related vehicle is stopped on the side of the road with its emergency lights flashing.

Move Over Law

My husband is dead. May I get the marriage annulled?

A marriage may be declared null and void after the death of a spouse; although a marriage may not be annulled after the death of a party.

My husband is dead. May I get the marriage annulled?

Web site assistance in your divorce action.

 

Attorney Linda S. Vanden Heuvel is an AV-rated divorce attorney practicing in Washington, Ozaukee, Dodge, Waukesha, Milwaukee, Fond du Lac and Sheboygan Counties.  In addition to Linda’s many years of experience, she provides insight into non-court divorce web sites that may assist you.  These web sites include:

• www.divorcenet.com


• www.divorcesupport.com


• www.divorcemagazine.com


• www.divorcelawinfo.com


• www.nolo.com


• www.justia.com


• www.alllaw.com

Web site assistance in your divorce action.

Web site assistance for caregivers.

The Mayo Clinic in Minnesota provides a website for caregivers of Alzheimer’s patients and caregivers of aging parents:  www.MayoClinic.com/health/caregivers/my00395/tab=indepth.

Web site assistance for caregivers.

What are the legal rights and benefits conferred by marriage?

1.    File joint income taxes.2.    Create a family parternship under federal tax laws.

3.    Create a marital life estate trust.

4.    Receive spouse’s social security disability, unemployment, Veteran’s pension and public assistance benefits.

5.    Receive a share of your deceased spouse’s estate under intestate succession laws.

6.    Create an estate tax marital deduction.

7.    Sue a third party for your spouse’s wrongful death and loss of consortium.

8.    Receive family rates for insurance.

9.    Avoid deportation of a non-citizen spouse.

10.    Enter hosptial intenstive care units, jails and other places where visitors are restricted to immediate family.

11.    Make medical and financial decisions about your spouse in the event of disability.

12.    Claim the marital communications privilege.

What are the legal rights and benefits conferred by marriage?

What happens to the money I previously paid for an item that I placed on layaway after I miss a payment?

When placing items on layaway it is always important to get the merchant’s policy in writing, including how much time you have to make payments, the minimum payment, fees, and what happens if you miss a payment. There may be a penalty for missing a payment or the item may be returned to stock, it depends on the stores policy. Warning: if a store closes or files for bankruptcy you may lose all or a big portion of your payments as well as the merchandise.

What happens to the money I previously paid for an item that I placed on layaway after I miss a payment?

What is income for child support purposes

Gross income means all of the following:1.    Salary and wages

2.    Interest and investment income

3.    Social Security Disability income

4.    Old age insurance benefits

5.    Net proceeds from workers compensation or other personal injury awards intended to replace income.

6.    Unemployment insurance

7.    Voluntary deferred compensation

8.    Profit sharing

9.    Employee contributions to any pension or retirement account

10.    Military allowances and Veterans benefits

11.    Undistributed income of a corporation

12.    A reasonable allowance for economic depreciation – which means the amount of depreciation on assets computed using the straight line method and useful lives as determined under federal income tax laws and regulations

What is income for child support purposes

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

What is not included as income for calculation of child support?

Child support

Foster care payments

Kinship care payments

Public assistance benefits except child care subsidy payments

Food stamps

Cash benefits paid by counties

Supplemental Security Income under 42USC 1381 to 1383 F and state supplemental payments

Payments made for social services or any other public assistance benefits

What is not included as income for calculation of child support?

What is the innocent spouse rule?

The IRS allows leeway when one partner in a marriage prepares joint tax returns that the other spouse signs without knowing what is actually in the return.  The innocent spouse rule provides that a spouse who unknowingly signs a fraudulent tax return may be excused from tax liability for penalties based on that return.  It is difficult to prove that you are an innocent spouse.  Review IRS Publication 971 available at www.irs.gov which has information about the innocent spouse rule.  Also, talk to a tax expert.  For the details on the ins and outs of taxes and divorce, review IRS Publication 504 available at www.irs.gov or by calling 1-800-829-3676.

What is the innocent spouse rule?

What is the Parental Kidnapping Prevention Act (PKPA)?

The Uniform Child Custody Jurisdiction Enforcement Act or UCCJEA sets forth standards that a Court may take into consideration in making a custody determination and when a Court must defer to an existing determination from another state.  In general, a state may make a custody decision about a child if the state is the child’s home state and there are significant connections with people such as doctors, teachers, grandparents, etc.  Under UCCJEA courts in the United States must recognize custody decrees not only of other states but of other nations.  The Parental Kidnapping Prevention Act (PKPA) 28 U.S.C. Sec. 1738A and 42 U.S.C. Secs. 654, 663, is a Federal statute that addresses kidnapping by noncustodial parents and addresses inconsistent child custody decisions made by state courts.

What is the Parental Kidnapping Prevention Act (PKPA)?

What is the purpose of a Guardianship in the Wisconsin court system?

Guardianship is a relationship created by a court between an individual (ward) who the court has determined to be “incompetent” and another individual or organization (guardian) who the court authorizes to make personal, medical, and/or financial decisions on behalf of the ward.

What is the purpose of a Guardianship in the Wisconsin court system?

What is tracing in a divorce action?

Tracing is the exercise of following the asset trail.  If an asset can be traced to a particular source, the court relies on other principal and rules to determine whether the traced asset is divisible or not divisible.  That the existence of subsequently purchased property can be traced to income generated by non-divisible property that is gifted or inherited does not mean that the purchased property is non-divisible.  Once property is transferred from separate property to joint ownership, the property becomes part of the marital estate subject to division.

What is tracing in a divorce action?

What Items Should I Keep in My Safe Deposit Box

Birth and death cerficiates, estate planning documents, life insurance policies, marriage license and divorce decrees, military discharge papers, social security cards.

What Items Should I Keep in My Safe Deposit Box