WHEN: Saturday, April 30, 2016, 8:30 a.m. – 11:00 a.m.
WHERE: SVA Parking Lot, 18650 West Corporate Drive, Brookfield, Wisconsin
COST: FREE
SVA Professional Services, the Better Business Bureau and ProShred are sponsoring ShredFest on Saturday, April 30, 2016, from 8:30 a.m. to 11:00 a.m., at the SVA Parking Lot, 18650 West Corporate Drive, Brookfield, Wisconsin.
What Can I Shred? Bring your old checks, check carbons and registers, bank and credit card statements, custodian statements and financial plans, receipts and junk mail.
How Much Can I Bring? There is a limit of three paper bags of documents (up to 50 pounds of paper). Place items in paper grocery bags rather than cardboard boxes or plastic shopping bags.
Please note: paper products only. Staples, rubber bands and paperclips do not need to be removed. No 3-ring binders, binder clips, hanging files or media products (photos, CDs, floppy disks, tapes, credit card, hard drives, etc.
On April 7, 2016, the Wisconsin Supreme Court published a decision (S.A.M. v. Meister, 2016 WI 22) confirming that grandparents, great-grandparents and stepparents of children with divorced parents may petition for visitation rights whether or not they maintain a “parent-like relationship” with their grandchildren, great-grandchildren or stepchildren. This decision is an important milestone in defining the visitation rights of relatives in divorce cases involving minor children, and embraces the Wisconsin legislature’s gradual expansion of visitation rights over time.
Meister involved the divorce of Nancy and Jay Meister, who received joint legal custody of their four minor children. Nancy was given primary physical placement and soon thereafter began to limit the informal visitations of the children’s paternal grandmother, Carol. In light of these changes, Carol petitioned the court for formal visitation rights. Both the Circuit Court and Court of Appeals found that Carol was not entitled to visitation rights because she did not maintain a “parent-like relationship” with her grandchildren.
However, the Supreme Court reversed, holding that the previous courts had incorrectly interpreted the relevant statute, which reads:
“[U]pon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.”
Wis. Stat. § 767.43(1). Based on an interpretation of syntax as well as an examination of the statute’s legislative history, the Supreme Court found that the qualifying clause “who has maintained a relationship similar to a parent-child relationship with the child” applies only to persons other than grandparents, great-grandparents and stepparents.
The Supreme Court further held that these statutory visitation rights do not unconstitutionally infringe on a parent’s right to direct the care, custody and control of his or her children. The above-referenced statute still requires courts to determine whether such visitation rights are in the best interest of the children, and as such, a fit parent’s determination of the children’s best interest must be given special weight.
Meister illustrates that the Wisconsin legislature has gradually expanded the number of persons who may petition for visitation rights. Currently, grandparents, great-grandparents and stepparents may petition for such rights, as well as other persons who have “maintained a relationship similar to a parent-child relationship with the child.” A grandparent, great-grandparent, or stepparent does not need to prove the existence of a parent-child relationship in order to secure visitation rights under Wis. Stat. § 767.43(1).
If you have any questions feel free to contact www.vhdlaw.com to schedule a free consultation to meet with an attorney.
Although it is difficult to predict the total amount of your divorce attorney fees, the following are some of the factors that impact the total cost:
Whether custody and placement are in dispute
Whether your divorce presents any novel legal questions
Whether a pension plan(s) is subject to division
Whether there is a prenuptial or postnuptial agreement between the parties
Whether either of the parties have received gifted or inherited property, and whether or not that property has been commingled
Whether you and/or your spouse have a premarital interest in property or debt
The nature and number of the issues contested
The cooperation of your spouse and opposing counsel
The frequency of your communication with your attorney
The ability of you and your spouse to communicate with each other
The promptness with which information is provided and/or exchanged between both you and your spouse and the attorneys
Whether there are litigation costs, such as fees for expert witnesses or court reporters
The extent of discovery
The hourly rate of the attorney
Reviewing regular invoices from your divorce/family law attorney and communicating with your attorney about any questions or concerns will help keep you on track with the overall cost of your divorce.
Vanden Heuvel & Dineen S.C., with offices in Germantown, West Bend, Milwaukee, Appleton, Sturgeon Bay and Sister Bay urges it’s clients,  supporters, colleagues, and friends to use the free admission opportunities provided by Summerfest. Attendance at Summerfest can be costly for families. The following are opportunities to attend Summerfest without paying the cost of admission.
                                          Â
THE SUMMERFEST FREE ADMISSION GUIDE
All Free tickets received are only valid for use on the date which they are received. Offers are only valid within the times noted.
June 24 Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Johnson Controls âStomp Out Hunger Dayâ With Fox 6 â 12:00-3:00Â Â
All patrons who donate three non-perishable food items will receive one FREE weekday admission ticket. All donations to benefit Hunger Task Force.
June 25Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Milwaukee Journal Sentinel âLand the Big Gig Dayââ12:00-3:00
All patrons who present the Milwaukee Journal Sentinel coupon (available in the Journal Sentinel from Sunday, June 21) between noon and three p.m. at any ticket window will receive one FREE weekday admission ticket when they purchase one weekday admission ticket.
June 25Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Quaker Chewy Granola Bar Dayâ12:00-3:00
The first 1,500 patrons will receive one FREE weekday admission ticket when presenting an original receipt dated June 11-June 25 that shows the purchase of any flavor of Quaker Chewy Granola Bars (Box of 5 or larger).
June 26                             Sendikâs Presents âGo Red Day to Summerfestâ With the Wisconsin Badgers, the Big 920 and Oldies 95.7â12:00-3:00
All patrons arriving between noon and three p.m. wearing a red shirt or presenting a famous Sendikâs Red Bag will receive one FREE admission ticket.
June 27Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Goodwill Dayâ12:00-3:00
The first 1,500 patrons who make a donation to a Goodwill Store and Donation Center between June 1-June 27 and bring in their specially marked original Goodwill Summerfest donation receipt will receive one FREE admission ticket
June 28Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Kohlâs Family Dayâ12:00-3:00
The first 2,500 patrons who donate three non-perishable food items for kids will receive one FREE admission ticket.
June 30Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Sentry Foods and Deanâs Milk and Ice Cream Childrenâs Fest Day with Todayâs TMJ4â12:00-3:00
All patrons arriving between 12:00â 3:00 p.m. will be admitted FREE. Additionally, select food vendors will offer discounts on food and beverage items.
July 1Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Mountain Dew Dayâ12:00-3:00
The first 2,500 patrons who present a specially marked Mountain Dew can with the Summerfest offer on the can will receive one FREE weekday admission ticket.
July 1Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Direct Supply Seniorfest Dayâ12:00-4:00
All patrons age 60 and up will be admitted FREE. Additionally, they will receive an offer for two dollars off any non-alcoholic food and beverage purchase of ten dollars or more.
July 2Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Boston Store Dayâ12:00-3:00
The first 1,500 patrons that present an original receipt from any Boston Store dated between June 2 â July 2 will receive one FREE weekday admission ticket.
                                              H.O.G Day at Summerfestâ12:00-3:00
Receive one FREE weekday admission ticket when presenting a valid Harley Owners Group card. Additionally, cardholders will have exclusive access to the Harley-Davidson Hospitality Deck between 5:00 p.m. â 9:00 p.m.
July 3Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Patrick Cudahy Dayâ12:00-3:00
The first 1,500 patrons that present an original receipt for one pound of Patrick Cudahy bacon receive one FREE weekday admission ticket.
July 4Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Summerfest Military Appreciation Dayâ12:00-3:00
All active-duty military personal and veterans, along with up to four family members, who present their Military ID at the designated turnstile at any gate will be admitted for FREE.
                                              Northwestern Mutual âMake a Child Smileâ Dayâ12:00-3:00
The first 1,500 patrons who donate new or gently used childrenâs books with a ten dollar minimum value will receive one FREE admission ticket. Books will be donated to the Boys and Girls club of Greater Milwaukee.
July 5Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Summerfest âFan Appreciation Dayâ Presented by Meijerâ12:00-3:00
All patrons will be admitted for FREE.
Each of us at Vanden Heuvel & Dineen S.C. hope that you find the above information helpful! Enjoy Summerfest. We hope to see you there. To contact an attorney at Vanden Heuvel & Dineen S.C. for any of your legal needs, see www.vhdlaw.com or call 1-800-805-1976.
The National Council on Aging provides a website, www.benefitscheckup.org, that identifies more than 2,000 government and private benefit programs for those over the age of 55. Participants must fill out a questionnaire and they then receive a report listing programs and benefits for which they may be eligible. The programs are explained and contact information is provided. This information can be a guideline for adults age 55 and over which can point them in the right direction for future benefits.
Litigation of any kind may be expensive, and divorces are no exception. There are some things you can do to control costs, including the following:
Put it in writing. Instead of calling your attorney with a question, consider providing it to your attorney by mail, fax, or e-mail. This will create an accurate record and it may take less time for your attorney to answer than playing telephone tag.
Keep your attorney informed. Your attorney should keep you up to date on the status of your case. You should do the same with your attorney. Advise your lawyer about any significant developments in your life including a change of address, change of employment, change of income, or purchase or sale of property. During your divorce, if your contact information changes, be sure to notify your attorney. Your attorney may need to reach you with information, and reaching you in a timely manner may help avoid more costly fees later.
Obtain copies of documents. An important part of divorce discovery includes the collection of documents, such as tax returns, account statements, credit card statements, and medical records. These records may be available at your fingertips. It is far easier and less costly for you to obtain the information than for your attorney to do so.
Review your attorneyâs website. The answers to commonly asked questions about the divorce process may often be found on your attorneyâs website. Check www.vhdlaw.com for valuable divorce information.
Get to know the support staff at your lawyerâs office. Although not able to provide legal advice, the receptionist, legal assistant, paralegal, legal secretary, or law clerk may be able to answer your questions regarding the status of your case. All communication with your attorneyâs staff is required to be kept strictly confidential.
Consider working with an associate attorney. You may find that working with an associate attorney is a good option. Hourly rates for an associate attorney are typically lower than those charged by a more experienced attorney. Frequently, the associate attorney has trained under the more experienced lawyer and has developed good trial skills, legal knowledge, and divorce litigation experience.
Leave a detailed message. If your attorney knows in advance why you are calling, your attorney can be prepared to answer your question when he or she talks to you. This not only gets your answer faster, but it also reduces costs.
Discuss more than one matter during a call or e-mail. If your question is not urgent, consider waiting to call until you have more than one question. Whenever possible, provide information requested by your lawyer in a timely manner. This avoids the cost of follow up by your lawyer and the additional expense of extending litigation.
Carefully review your attorney statements. Scrutinize your billing. If you believe an error has been made, contact your lawyerâs office to discuss your concerns.
Remain open to settlement. Trial costs money and can polarize relationships. Although a trial is sometimes inevitable, there are circumstances when a negotiated settlement is in the best interest of all involved.
The following is a checklist of items that should be completed after the divorce is final. This checklist is by no means a complete list, but provides you with a guideline of information. Review these items and implement those that are relevant to your divorce:
Record any quitclaim deeds. Make sure that the deeds are signed by both parties and notarized or properly authenticated. Check the legal description to make sure it is accurate.
If there is a division of a pension, 401(k), or other retirement plan, have drafted a qualified domestic relations order signed by the judge in your case, certified and properly approved by the plan administrator. A QDRO is generally drafted by an attorney or a specialist in that area.
If you are receiving a transfer of funds from an account that does not require a QDRO, open a suitable account to which the funds can be transferred and take all necessary steps to allow the transfer. Talk to your financial advisor.
Change title to cars, boats, RVs, or other vehicles by properly executing title documents. Be sure to address not only title, but all registration and license plates.
Open new checking and savings accounts in your individual name, if you havenât already done so. Cancel any joint accounts, and make sure there are not any outstanding checks or debit cards remaining.
Cancel any joint credit cards, cell phone accounts, and debit cards, and open new accounts in your individual name. Use these new credit cards at least occasionally, in order to establish credit in your individual name.
If you have any automatic withdrawals or charges to joint accounts, make sure you contact the appropriate account holder prior to closing the account. Start automatic withdrawals in your new account, if applicable.
Transfer utilities into your name, as applicable. If you are vacating the residence, make sure your name is removed from bills attached to the residence such as utilities and cable.
Consider changing the beneficiaries on your life insurance, retirement, and other financial accounts.
If you are undergoing a name change, get certified copies of the judgment of divorce to change your name on your driverâs license, title, passport, Social Security card, and other documents.
Put your divorce paperwork in a safe place. Generally, if any future modifications are made to your judgment of divorce, those changes must be based on a substantial change of circumstances. You will need your divorce documents to identify issues and to evaluate whether a change of circumstances has occurred.
If you are receiving child support, check with the child-support agency to verify that it has the necessary documents, such as an interim disbursement order, to start the child-support process. If you are making or receiving payments through the Wisconsin Support Collections Trust Fund (WI SCTF), you must notify them of any address or employment changes in the future. WI SCTFâs address is P.O. Box 74200, Milwaukee, WI 53274-0200.
Make sure all your personal property has been distributed according to the judgment of divorce. Make necessary arrangements to transfer the property as soon as possible.
Review all health, home, auto, life, and umbrella insurance policies and make sure the terms and identification is correct on each policy. If life and health insurance is required as a part of your judgment of divorce, periodically request verification of the existence of any insurance policies required to be carried under the terms of any judgment of divorce. In the event of the death of your ex-spouse, immediately notify the life insurance carrier of the existence of any insurance policy in which you or your children have an interest.
If you are paying or receiving maintenance, identify if your tax withholding should be changed. Go to www. irs.gov/Individuals/IRS-Withholding-Calculator and run the calculator to determine your appropriate withholding. Remember that maintenance payments are
taxable to the recipient and deductible to the payor. The recipient will need to budget money for the payment of federal and state income taxes. Quarterly estimated tax payments may be required.
You will want to prepare a new will, power of attorney for health care, general durable power of attorney, living will, trust, and/or guardianship documents. What was legal and binding during your marriage may not be legal and binding after divorce.
Update your mailing address, if applicable, with the post office, credit card companies, banks, DMV, and insurance companies.
Close joint safe deposit or post office boxes and open new ones, if applicable.
Obtain a certified copy of your judgment of divorce for future reference.
Obtain a copy of your credit report. Check it for accuracy and updating.
Verify your health insurance coverage if you are obtaining COBRA benefits from your spouseâs employer.
Keep records of payments of maintenance, child support, and variable expenses. If you are the payor, do not pay in cash. Use a check or money order.
You may need your spouse to sign IRS Form 8332 relative to income tax exemptions. Make sure you have the form available for signature.
Update your childrenâs schools and medical and dental professionals with contact information of both you and your former spouse, emergency contacts, and school pick-up/drop-off instructions.
Keep a copy of your original marriage license if you were married for over ten years. If you were married over ten years and remain unmarried, you will be entitled to a portion of your former spouseâs Social Security.
You will be required to submit a copy of your marriage license, as well as a copy of the judgment of divorce, to the Social Security Administration.
Notify your employer of your change in marital status. It may be necessary to change beneficiaries on employment
documents. Review your tax claim information with your employer. Provide updated emergency contact information.
Notify the Internal Revenue Service and Wisconsin Department of Revenue of any address change during the year of the divorce or the year following the date of divorce.
If your judgment of divorce assigns any outstanding tax liability to your former spouse, include a copy of the relevant section of your judgment when filing your income tax returns.
This checklist is in no way comprehensive and is not applicable to all divorces. Contact your attorney to verify what
steps you should take now that your divorce is final. For more information, feel free to contact Attorney Linda S. Vanden Heuvel 1-800-805-1976.
Attorney Linda Vanden Heuvel has been selected as a woman of outstanding leadership by the International Women’s Leadership Association. Linda was selected based on her leadership contributions to the legal profession and to Washington County, Wisconsin. Linda recently authored Divorce in Wisconsin, The Legal Process, Your Rights and What to Expect. Her next community project is Sculpture Feast which supports West Bend Friends of Sculpture which will be held at Regner Park on August 1, 2015.
Questions in a deposition may cover a broad range of topics including your education, work, income, and family. The attorney is allowed to ask anything that is reasonably calculated to lead to the discovery of admissible evidence, even if the answer may ultimately be inadmissible at trial. If you are unsure whether or not to answer a question, look to your attorney for advice.
Your attorney may object to inappropriate questions. If there is an objection, say nothing until the attorneys discuss the objection. You will be directed whether to answer.
Remember the following advice when answering questions during your deposition:
Never state facts that you do not know. If you do not know an answer to a question, say so.
Never attempt to explain or justify your answer. You are there to give the facts as you know them. You are not supposed to apologize or attempt to justify those facts.
Only give the information that you have readily at hand. Do not promise to get information that you donât have readily at hand, unless your attorney advises it.
Do not, without your counselâs request, reach into your pocket for a driverâs license, Social Security card, or other documents. The discovery deposition purpose is to elicit facts that you know. Unless you have been served with a subpoena that directs you to bring certain documents to the deposition, you are not required to bring or produce anything while you are testifying.
Do not let the opposing attorney get you angry or excited. Under no circumstances should you argue with the opposing attorney.
If your attorney begins to speak, stop whatever answer you may be giving and allow your attorney to make his or her statement. If your attorney tells you not to answer a question, then you should refuse to do so.
You may take your time in answering a question. Remember, the deposition does not show the length of time you took to answer a question.
Do not joke during a deposition. The humor may not be apparent in the transcript.
Do not volunteer any facts not requested by a question.
Answer truthfully.
After the deposition is over, do not chat with your spouse or your spouseâs attorney. Remember, the other attorney does not represent your interests. Do not let a friendly manner cause you to drop your guard.
The bottom line is to be prepared and to follow your attorneyâs instructions to the letter. The above guidelines are just that, guidelines. Your attorney knows the specifics of your case, and you should follow his or her direction prior to and during the deposition.
About 25% of the people going through divorce in the United States are over the age of 50. A number of factors explain this phenomenon. Divorce no longer holds the same stigma as it did in the past. Viagra provides more opportunities to men who in the past may have remained in a less than satisfactory marriage. The children are grown and out of the house. Women are more financially independent. People are living longer and are in better health. A regular comment is, “I may live another 5, 10, 20 years, and I do not want to live it married to him/her.” A healthy spouse may be less willing to act as a caretaker to an ill or disabled spouse. Second and third marriages, which make up about half of divorces involving people over the age of 50, have a higher divorce rate than first marriages.
Divorce issues are different for divorcing spouses over the age of 50. Divorce over the age of 50 can reek financial upheaval. Your retirement assets may be gone or divided in half. You will have less time to recoup any such losses. Your high earning years may be a thing of the past. As a result, it is important to consider the following points in any divorce action if you or your spouse are 50 or older:
Consider carefully whether you want to be awarded the marital residence. Compare the cost of upkeep, taxes, mortgage payments, repairs, etc., versus the benefit of owning the home.
Make sure you know what you actually owe in debts and other obligations. Obtain your credit report and your spouse’s credit report. Wisconsin is a community property state so you will probably be considered jointly liable for any credit card debts or loans. While your Marital Settlement Agreement may allocate debts to one party or another, that Marital Settlement Agreement is only between the spouses and is not binding on the creditor.
Show any Marital Settlement Agreement to a tax accountant for review and analysis. Maintenance is income to the recipient and deductible to the payor. Know the impact of removing funds from any retirement account or IRA. Consider whether it is better to rent or own a residence.
Remember to take into consideration the cost of health insurance.
Make sure any pensions are fairly divided or that an equivalent asset is allocated to the other party. Get the pension valued so you know the present value of a monthly pension payment. You may be able to negotiate survivorship benefits of a pension. Because you are over the age of 50, your chances of building a pension or 401(k) in any other significant manner is substantially lessoned by time.
Consider how divorce assets will be divided on death. You may wish to include in any Marital Settlement Agreement provisions for payment of educational expenses of children or grandchildren, allocation of other assets on death, etc. While the Court may not have jurisdiction to take these actions in a divorce, the parties can stipulate to these provisions. Make sure to draw up a will or trust to ensure that assets are correctly distributed to heirs.
As soon as able, change beneficiary designations on life insurance policies, pensions, 401(k)s and other assets.
Change, if necessary, any medical directives or powers of attorney. In most instances, you will not want your spouse to act in those capacities during the divorce process.
If one party is disabled or in a nursing home, it is possible to craft a Marital Settlement Agreement accordingly. While there is a presumption of 50/50 division of marital assets, that presumption is rebuttable given the facts and circumstances of each case. If divestment is an issue in a nursing home case, that can be factored into any asset division by a capable Wisconsin divorce attorney knowledgeable in the area of estate planning and elder care.
Consider negotiating provisions which provide ownership of life insurance on the other party. If a spouse is receiving maintenance and the paying spouse dies, the income can be continued through life insurance proceeds.
Consider the timing of the divorce. Sometimes a day makes a difference. For example, in Social Security where there is a 10 year eligibility requirement when a former spouse is eligible to receive Social Security. Maintenance of health insurance may be a factor in some medical situations.
Divorce over the age of 50 is a unique circumstance requiring careful consideration and planning. For more information, call 1-800-805-1976 or email Attorney Linda S. Vanden Heuvel. Also see, Divorce in Wisconsin.
On April 29, 2015, Attorney Linda Vanden Heuvel received Martindale-Hubbell Judicial Recognition – the highest possible rating in both legal ability and ethical standards reflecting the confidential opinions of members of the Bar and Judiciary. The Martindale-Hubbell Judicial Rating relies on judges, lawyers and members of the Bar to recommend and rate attorneys on both ethical standards and quality of legal work.
Attorney Linda S. Vanden Heuvel, congratulations on earning this powerful rating! Your peers have honored you with this special recognition.
Attorney Linda S. Vanden Heuvel was selected as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel (NADC). NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the bar. Only the top one percent of attorneys in the United States are awarded membership in NADC.
Attorney Vanden Heuvel was delighted to accept the award. Other Wisconsin attorneys who are members of NADC include Attorney Robert Habush of Habush, Habush & Rottier, S.C., and Attorney Timothy Aiken of Aiken and Scoptur, S.C.
Attorney Vanden Heuvel recently published Divorce in Wisconsin, The Legal Process, Your Rights, and What to Expect. Contact Attorney Vanden Heuvel at 1-800-805-1976 or email linda@vhdlaw.com.
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.
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 childâs 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 placementâOne 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 placementâUnder 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 custodyâOccasionally, 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.
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:
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.
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.
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.
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.
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.
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.
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: