Post-judgment modifications, as the name suggests, are the changes to a judgment of divorce requested by an ex-spouse. It is requested when the final judgment is no longer practical or applicable. Post-judgment modifications primarily focus on child custody and/or placement, child support, and spousal support/maintenance. There are plenty of complexities attached to the post-judgment modifications. In this post, we will look at important things you need to know about post-judgment modifications.
Post-judgment modification for child custody and/or placement
Post-judgment modification for child custody and/or placement is the most commonly requested. It can be requested by the ex-spouse if he or she is not able to live with or see the child anymore. Some of the scenarios include when an ex-spouse has to move from one city to another for a job. If the job change requires a child to move with one parent to a new city or state, that will have an impact on the child’s placement with the other parent as well as the child’s education and social life, the court may award a modification of physical custody and/or placement.
Another scenario that is sadly becoming more common, a change in placement and/or custody can be requested and granted where a parent has become abusive or a drug addict. A court may consider making adjustments in the custody and/or placement rights of a parent. Child custody and/or placement is awarded only when the change in circumstances is significant.
Post-judgment modification for child support
The court may order a modification of child support if there has been a substantial change in the financial circumstances. The purpose of child support is to ensure that the financial needs of a child are met. For example, a higher-earning parent may be ordered to pay child support to the lower-paying parent to take care of a child’s needs, but both parents contribute. If significant changes have occurred in the financial situation of either parent, the court may consider a modification.
When there is a support order in Wisconsin, ex-spouses are usually required to exchange financial information on a yearly basis. When an income change is substantial, an increase or decrease in child support may become necessary. Additionally, if a person fails to exchange financial information, he or she could be held in contempt.
Post-judgment child support modifications can also be requested if there have been significant changes in the needs of the child.
Post-judgment modification for spousal support (a/k/a maintenance)
This is another common area where the court may award a modification if significant changes in the income of either party occur. To request a modification, the party seeking the modification must prove to the court that there have been substantial changes in the financial circumstances of themselves or the other other party, or both. For example, if the party receiving support enters into a new relationship and during that relationship it becomes a “marriage-like” relationship, his or her financial situation may have improved significantly, wherein the paying party may request a change in spousal support. Another scenario is the loss of employment or disability for the payee, if the paying party has lost their job, he or she may request a modification to the current order.
Do You Need a Lawyer for Post Judgment Modifications?
In most cases, it is better to have a lawyer assist you with the preparation and filing of your motion for a post-judgment modification. Unless the changes in the circumstances are significant and supported by the evidence, a post judgment modification has a higher burden of proof than the original divorce matter. So, in order to build a strong case, you need a top-rated divorce lawyer by your side.
You can get in touch with Magner & Hueneke, LLP divorce attorneys. If you are seeking a change to certain terms of your divorce order, we can help. For representation in Milwaukee County, Waukesha County, Racine County, and surrounding areas, call 414-281-4529 to arrange an initial consultation.
What is alimony, maintenance, and spousal support? You need to know this if you’re facing divorce.
The official definition of divorce states that divorce is the legal dissolution of a marriage relationship. When parties are married for a significant period of time, a spouse may seek spousal support. This spousal support payment is often referred to as “Alimony” by the IRs and is called “Maintenance” under Wisconsin law. In other words, on top of all the emotional turmoil, a party may also be required to support his or her spouse with payments known as alimony or maintenance.
Alimony or Maintenance may be required under a court order or by the couple’s agreement after divorce or even while a divorce case is still pending. This can either be frustrating or relieving, depending on your financial situation. But beyond the emotions, the court has framed the concept of alimony/maintenance to ensure that both parties are treated equitably. That’s where the role of top-rated divorce lawyers comes into play, bringing the legal experience and technology to the courtroom.
Here, we will look at general types of spousal support, and consider some of the factors that play a key role in determining the amount of maintenance that is ordered.
Types of Alimony Support
There are three types of alimony support:
Temporary alimony
Temporary alimony is the amount one spouse pays to the other until the divorce is final. The amount of Temporary maintenance is usually determined by a family court commissioner and is subject to review by a circuit court judge. The amount of temporary maintenance owed might be more or less than the amount ordered after the matter is finalized.
Short-term or Rehabilitative support
Short-term maintenance is sometimes referred to as rehabilitative support. It is often thought of as the amount one spouse pays to the other to help the recipient spouse make the transition to supporting themselves. Often this is awarded when a spouse has invested significant time in raising children or has reduced education or fewer work opportunities.
Indefinite support
Indefinite support is the amount one spouse pays to the other for an indefinite term such as remarriage or death. It is ordered as part of the final divorce judgment. Often indefinite support is awarded when a couple was married for a long time (i.e. >25 years).
If you have any doubts related to the types of spousal support, you can get in touch with our top-rated divorce attorneys in Milwaukee to get experienced legal advice.
What Are the Factors That Play a Key Role in Determining Alimony Support?
The purpose of alimony is to ensure that both spouses are able to maintain the reasonable standards of living as they had before the divorce. The court takes various factors into account while determining the maintenance. Let’s have a look at some of the important factors that the court will consider:
How to Avoid a Court Trial on Alimony?
The court trial means that you were unable to reach an agreement with regard to an equitable maintenance award. As a result, you are at the discretion of the judge for the decision-making on the amount and term for an equitable maintenance order. The best way to avoid a court trial on spousal support is to hire the best divorce attorney in your area. Your attorney will calculate the amount of spousal support while considering the tax consequences to both spouses. If needed, our divorce attorney knows reputable vocational evaluators that can be utilized for expert advice regarding your spouse’s earning capacity. Our divorce attorney is a Certified Divorce Financial Analyst and has been repeatedly nominated for awards including, Super Lawyers, US News & World Report’s Best Lawyers, and National Academy of Family Lawyers. Attorney Magner also has a 10.0 rating on Avvo and is Lead Counsel Verified by LawInfo.
Need help with calculating maintenance in your Divorce or Legal Separation? Get in touch with Magner and Hueneke LLP and our top-rated divorce attorneys in Milwaukee, Wisconsin.
What Should You Know About Post Judgment Modifications?
Post-judgment modifications, as the name suggests, are the changes to a judgment of divorce requested by an ex-spouse. It is requested when the final judgment is no longer practical or applicable. Post-judgment modifications primarily focus on child custody and/or placement, child support, and spousal support/maintenance. There are plenty of complexities attached to the post-judgment modifications. In this post, we will look at important things you need to know about post-judgment modifications.
Post-judgment modification for child custody and/or placement
Post-judgment modification for child custody and/or placement is the most commonly requested. It can be requested by the ex-spouse if he or she is not able to live with or see the child anymore. Some of the scenarios include when an ex-spouse has to move from one city to another for a job. If the job change requires a child to move with one parent to a new city or state, that will have an impact on the child’s placement with the other parent as well as the child’s education and social life, the court may award a modification of physical custody and/or placement.
Another scenario that is sadly becoming more common, a change in placement and/or custody can be requested and granted where a parent has become abusive or a drug addict. A court may consider making adjustments in the custody and/or placement rights of a parent. Child custody and/or placement is awarded only when the change in circumstances is significant.
Post-judgment modification for child support
The court may order a modification of child support if there has been a substantial change in the financial circumstances. The purpose of child support is to ensure that the financial needs of a child are met. For example, a higher-earning parent may be ordered to pay child support to the lower-paying parent to take care of a child’s needs, but both parents contribute. If significant changes have occurred in the financial situation of either parent, the court may consider a modification.
When there is a support order in Wisconsin, ex-spouses are usually required to exchange financial information on a yearly basis. When an income change is substantial, an increase or decrease in child support may become necessary. Additionally, if a person fails to exchange financial information, he or she could be held in contempt.
Post-judgment child support modifications can also be requested if there have been significant changes in the needs of the child.
Post-judgment modification for spousal support (a/k/a maintenance)
This is another common area where the court may award a modification if significant changes in the income of either party occur. To request a modification, the party seeking the modification must prove to the court that there have been substantial changes in the financial circumstances of themselves or the other other party, or both. For example, if the party receiving support enters into a new relationship and during that relationship it becomes a “marriage-like” relationship, his or her financial situation may have improved significantly, wherein the paying party may request a change in spousal support. Another scenario is the loss of employment or disability for the payee, if the paying party has lost their job, he or she may request a modification to the current order.
Do You Need a Lawyer for Post Judgment Modifications?
In most cases, it is better to have a lawyer assist you with the preparation and filing of your motion for a post-judgment modification. Unless the changes in the circumstances are significant and supported by the evidence, a post judgment modification has a higher burden of proof than the original divorce matter. So, in order to build a strong case, you need a top-rated divorce lawyer by your side.
You can get in touch with Magner & Hueneke, LLP divorce attorneys. If you are seeking a change to certain terms of your divorce order, we can help. For representation in Milwaukee County, Waukesha County, Racine County, and surrounding areas, call 414-281-4529 to arrange an initial consultation.
How Does Child Custody Work in Wisconsin?
The child custody battle is one of the most stressful experiences for divorcing parents. But, knowing about the child custody laws can make the process easier and more predictable. However, if you are unfamiliar with the different types of child custody and how they work, you can rely on Milwaukee child custody attorneys for guidance. Also, you must go through this blog post to know the basic concepts of child custody in Wisconsin. Here we’ll share all you need to know to create the best parenting plan for your kids. So, let’s get started.
2 Types of Child Custody
Child custody is a legal term referring to the responsibility or guardianship of a child that the court awards to one of the parents following a divorce proceeding. It is also known as parental rights and responsibilities, or residential responsibility. Like many other states, there are two types of child custody in Wisconsin too –
Factors that Judges Consider While Deciding the Child’s Best Interest
The principle of child custody cases is always ‘the best interest of the child’. Though there is no fixed definition of best interest here, we have listed a few factors that judges consider while deciding on child custody cases.
Importance of Establishing a Parenting Plan
A parenting plan addresses legal custody, primary physical placement of the child, child visitation, and issues related to the child in divorce cases. The child visitation attorneys in Milwaukee can help you in creating an effective parenting plan that outlines various aspects of parental rights and responsibilities after the divorce. When a parenting plan is signed by parents and filed with the court, it becomes a court order. It means the terms of the parenting plan are enforceable by law. A detailed and properly structured parenting plan helps deal with future disagreements. It limits your risk of future conflict and litigation.
Discuss Your Case with Attorneys at Magner & Hueneke
Usually, child custody cases are difficult for both parents and children. They are complicated, which results in a stressful situation. However, you should stand firm and strong to fight for your rights and the best interest of your child. The skilled and experienced attorneys at Magner & Hueneke can help you in child custody, child visitation, and post-judgment modification for child custody. We strive to help parents agree upon a custody or visitation schedule that works best for their situation. We have 50 years of legal expertise in the area of divorce, child custody, and other family law. Preserving the valuable parent-child relationship with the right parenting plan is our primary focus. So, contact us online to arrange an initial consultation now!
What are Common Divorce Mistakes & How to Avoid Them?
Divorce is complicated and can be an emotionally draining legal process. So, it’s very common to make mistakes in the heat of the moment or because of incomplete information. In addition, not hiring the best attorneys for your divorce just to save some money can result in costly divorce mistakes as well as waste time and money. These mistakes increase stress during the divorce process.
The divorce planning process includes knowing about divorce mistakes. Familiarizing yourself with common mistakes can help avoid delays and negative consequences, making the divorce process smoother. Below we have listed a few common divorce mistakes that people usually make and important tips to avoid such pitfalls.
● Mistake #1: Making Rash and Emotionally Driven Decisions
Most people are overwhelmed with different types of emotions during the divorce. As a result, they make wrong decisions just to get the divorce process over as soon as possible. Though it is obvious that people are eager to end the divorce process sooner, negotiations take time. Mutually beneficial settlement cannot happen overnight. The feeling of sadness, anger, revenge and depression can affect your ability to make key decisions. So, relax, be patient and calm, and let things take time so that you don’t have regret later about your decisions. Don’t let emotions dictate your decisions.
● Mistake #2: Posting Things Related to Divorce on Social Media
Divorce is a sensitive issue. Social media has emerged as a significant part of our lives. Sometimes, you may have bad things on your mind about your ex-partner, but avoid sharing your thoughts, feelings, and experiences online. Despite your privacy settings, mutual acquaintances might access the information, and the things you post online can be distorted by the other party to be used against you.
● Mistake #3: Taking Legal Advice from Friends Rather than the Divorce Attorney
The biggest mistake that people make during the divorce process is to think that they don’t need an attorney. People want to handle their divorce cases on their own because they think it’s easy to do and a cheaper option; however, counting on the best divorce lawyer for your needs is better than seeking advice from a friend or family member. Having a divorce attorney by your side from the beginning of the divorce process can help avoid costly mistakes, from getting the paperwork done right to managing the complexities of the case. An attorney can guide you in every step of the divorce process, providing you are honest with your divorce attorney. Even if a trusted friend went through a divorce recently, that person mostly likely had a different judge and facts (e.g different respective incomes/assets, ages, length of marriage, age/number of children). Our divorce attorney is a Certified Divorce Financial Analyst, has a certificate of in Family Mediation from the University of Wisconsin Milwaukee and has been repeatedly recognized as one of the best lawyers in Wisconsin according to Super lawyers and US News & World Reports.
● Mistake #4: Failing to Understand the Finances and Assets
Knowing the true value of your assets is important for developing a financial plan and equitable distribution in the divorce. Unfortunately, many people don’t know about their finances and separate assets. Tax filing status will change and financial transitions may affect your lifestyle and financial goals, and so it is important to maximize your property division. Our divorce attorney has specialized knowledge developed through specific training which recognizes the financial pitfalls of divorce. Attorney Magner was a business major and became a Certified Divorce Financial Analyst after focusing his legal practice on family law and divorce in the Milwaukee and Waukesha counties.
Schedule an Initial Consultation at Magner & Hueneke
We have briefly summarized some of the common divorce mistakes and how attorneys can help make the divorce process easier. So, when looking for the best law firms in Wisconsin, you can count on knowledgeable, experienced, and skilled attorneys at Magner & Hueneke. Our attorneys can help you make wise decisions about your future. So, schedule an appointment today to discuss your situation!
What You Need to Know about Property Division in a Divorce in Wisconsin
Separation is never a pleasant experience. But what adds more to this painful experience is the division of the assets and debts. Property division is the major cause of stress and conflict in most divorce cases. Marital property is presumed to be divided equally between the divorcing parties in Wisconsin, but may alter this distribution based on many different factors. Often you may hear that Wisconsin is one of a few community property states in the U.S., but property division is not as simple as 50/50. You should seek help from our divorce lawyers in Milwaukee to avoid a financial disaster after the separation. Our divorce attorney is a Certified Divorce Financial Analyst, and in this blog post, we’ll share some basic information to make the property division smoother for both spouses.
[Photo credit: PlusLexia.]
Understanding Property Division in Divorce
Marital assets may include anything that has a monetary value. This may include real estate, vehicles, furniture, clothing, stocks, patents, businesses, back accounts, cash, and pension plans.
3 Ways to Divide Assets and Debt
Property division involves discussion and may involve stressful negotiations. However, if you and your spouse have a good understanding, you can avoid the hassle. Here are three easy ways to deal with property division.
In sum, property division can be determined by the parties, and if the agreement is fair and equitable, the court will approve the terms of the agreement and grant a judgment of divorce. If there are disagreements, the court will need to address numerous factors and make a decision as to what is most equitable.
Factors Affecting the Property Division
Our top rated divorce attorney handles complex property division cases in Milwaukee and Waukesha Counties. The court will likely exclude gifts and inheritance and may decide a 50-50 split of assets is appropriate in long term marriages. However, judges also consider the following factors for the property division.
Seek Legal Advice from Magner and Hueneke LLP
A skilled divorce and family law attorney ensures that you receive the correct property division. So, whether you are looking for a high asset divorce attorney or need other legal advice to protect your financial interests, you can seek help from Magner and Hueneke LLP. We are known as Milwaukee’s top-rated divorce attorneys. Our property division attorneys have extensive knowledge and experience to guide clients through the legal process of divorce. Our divorce and family law attorney is a Certified Divorce Financial Analyst and has specialized training necessary to get you the best possible outcome.
Why Should You Hire a Divorce Attorney?
Divorce and separation are painful, but sometimes it is unavoidable. So, whether you are planning to file for divorce or you have to respond to a divorce petition from your spouse, consider talking to a divorce attorney early on in the process. Many people think they can handle the divorce without an attorney’s guidance, but it greatly increases the chance of mistakes and complications. It is crucial to have a legal expert who can help you through the divorce proceedings. It is a cost-effective divorce solution, and you can expect the desired outcomes. If you are still confused about whether or not you should hire an attorney, you must read this blog post. Here are the top reasons to hire a divorce lawyer in Milwaukee for dissolving a marriage.
The Bottom Line The process of getting a divorce is complex, stressful, and expensive, but having a divorce attorney by your side can make things easier and less stressful. If you are looking for an experienced and skilled divorce attorney in Milwaukee, you can rely on Magner & Hueneke, LLP, for protecting your future. We assure you that we will handle all the divorce and legal separation issues, including Alimony/Maintenance, Child Custody and Placement, . So, schedule an appointment now to discuss your situation!
How Can Social Media Affect Your Child Custody Case?
Social media has become an important part of human lives. Most people enjoy sharing their personal and professional lives on various social media platforms. But, parents involved in a child custody case should be very careful and mindful while using social media. You may be surprised to know that, according to the American Academy of Matrimonial Lawyers, 80% of child custody attorneys and child visitation lawyers use social media evidence in their cases.
Though it takes a few seconds to type and post something on Facebook, Instagram, or any other social media site, it could have a long-lasting impact on your child custody case. So, in this blog post, we’ll share the essential things you should know about the impact of social media on child custody cases. Let’s get started.
Social Media & Child Custody Case
Your content on social media sites can be used as digital evidence against you. Here’s how social media posts can hurt you in a child custody case.
If you delete a post, it can be used as evidence against you. The spoliation of social media evidence may be considered a crime. So, it is better to be careful before posting and avoid deleting the posts.
A court will consider if your social media posts show your violent or irresponsible behavior. Child placement rights attorneys can use your social media posts to show that you are not doing what you were supposed to do in the order.
Many children have their own social media account, and they can review the posts you and your spouse shared. If they find something negative or get to know about new things in an inappropriate time and manner, it may be problematic. So, try to keep the children out of the conflict in custody cases.
Social Media Behaviors You Should Avoid
Here’s how you should use social media during a child custody battle.
Find a Reliable Child Custody Attorney in Milwaukee |Magner & Hueneke
The average American spends 144 minutes a day on social media platforms. So, the impact of social media on child custody cases cannot be overlooked. Moreover, child custody cases are sensitive and challenging on an emotional level. So, it is important to find an attorney who can help you make the best decision in your child’s interest. Whether you need help regarding visitation, parenting plan, or placement rights, you can get in touch with the paternity law attorneys in Milwaukee. Magner & Hueneke’s expert and experienced lawyers are known for strong representation in such cases. Feel free to reach us for all your custody and paternity-related concerns!
When is a GAL used in a custody agreement?
In a contentious divorce or separation action, the matter of custody and placement of minor children can often times be a source of disagreement. In these types of situations where parents cannot agree as to the custody and placement of their minor children, courts have ways of advocating for those children by using court-appointed attorneys to determine what is in the best interest of the minor children.
A Guardian ad Litem, or GAL, is a term used to describe an attorney appointed by the court to look after the best interests of a ward; one who lacks the ability take care of themselves.
According to Wis Stat. 767.407, a GAL is appointed when the court is concerned for the safety or welfare of the minor child(ren), or the custody or placement of the child(ren) is contested.
The guardian ad litem acts as an advocate for the minor child(ren) with regard to paternity, legal custody, physical placement, and support. The guardian ad litem functions independently of the parents. He/she represents the minor child(ren), and considers, but is not bound by, the wishes of the minor child(ren) or the positions of others as to the best interests of the minor child(ren).
The idea of the court appointing a GAL in a divorce matter may seem intrusive or unnecessary, but the advice of an experienced lawyer working on behalf of your child(ren), can help to lessen the stress of divorce and help you focus on the things you can do to give your case the greatest chance of success.
Annulment, legal separation, or divorce: Which one is right for you?
The terms annulment, legal separation, and divorce can sometimes cause confusion to those looking to end their marriage. This guide may help bring some clarity to those in Wisconsin.
Annulment
An annulment is a court procedure that determines that a marriage never existed. According to Wis. Stat 767.13, a marriage may be annulled if one or both people are not able to consent to the terms of marriage. This could be mean they were under the influence of drugs or alcohol, were coerced under false pretenses or force, or mentally incapable of consent. Also, if they are minors and their parents did not sign off on the marriage, there is no consent and that is also grounds for annulment.
One reason for annulment that is often sighted in pop culture is the issue of consummating the marriage. In other words, one person in the relationship is physically incapable of consummating the marriage through sexual intercourse.
Legal Separation and Divorce
Both legal separation and divorce share many of the same aspects such as custody, support and the 120-day waiting period, however a legal separation provides the couple can reconcile at any point but may not marry another person, because they are still technically married, according to the Wisconsin Court System.
If one person wishes to convert the legal separation into a divorce proceeding, he or she may do so after a year without consent from the other person.
Wisconsin is a no-fault state, meaning the couple does not need to prove a reason for the divorce or separation. In the case of divorce, one person states that the marriage irretrievably broken before the court, while in in the case of a legal separation both parties must state their relationship is broken.
To help navigate what a potential dissolution of a marriage could look like, please contact Magner & Hueneke, LLP at (414)281-4529 for more information.
Ways to Avoid an Expensive Divorce
When looking into potential divorce, one subject always comes to mind, and that is cost. Money difficulties can be both the catalyst for a divorce as well as a hurdle during the proceedings, however there are ways to keep some of those expenses from climbing.
To start, it is important to do as much research on the laws of the area as well as who the right attorney is for each person’s circumstances. Knowing as much as you can about the divorce process can keep you from asking too many questions, which will inevitably increase your bill.
Although it may be ironic, the key to keeping a divorce both economical and uncomplicated is to foster good communication with your ex. This could mean mutual agreement on appraisers or agreeing on the value of various assets. When getting property appraised, if the couple can agree to an appraiser that means one split bill. Without an agreement, each person will pay their own way as well as the extra fees for those appraisers testifying in court.
There is also the issue of deciding how much money each person earns and what potential support could look like. Agreeing to the earning capacities for each person can save the costs associated with vocational assessments, which may cost over $1,000 just for the report. The assessment could be used by a court to determine whether to impute income to an under earning spouse.
Co-parenting is another way to keep yourself from unnecessarily increasing your divorce costs. When the divorcing couples discuss child placement, it is important to be as specific as possible. If parents have good communication, they will spend less time using their attorneys to communicate with each other. Communication through attorneys is more expensive and time consuming. It is also important to keep in mind that litigating should be a last resort when trying to keep costs down.
In short, divorce might not be pleasant, but clients that are able to work cooperatively with their lawyer and their spouse will be in the best position to avoid an expensive divorce.