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