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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. 

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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.

  • Spoiling the Evidence 

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. 

  • Child Custody and Placement Order 

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.

  • Keep Children Out of the Conflict 

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. 

  • One should never post negative comments, complaints, or statements about a spouse or child. 
  • Posts indicating a party lifestyle with the involvement of alcohol or drugs should be avoided.
  • If the divorce is not finalized, don’t say you are single on social media and avoid creating dating profiles. A person is advised not to use social media to post provocative pictures when a case is pending with child custody issues.
  • Avoid sharing the private information of your spouse, children, or the decisions made in court.
  • If you haven’t settled your divorce yet, don’t post your girlfriend/boyfriend pictures on social media.
  • When the division of assets is at issue, don’t post pictures or information about your luxury purchases.
  • Be careful of your children’s social media accounts, as they may also be monitored.
  • Most importantly, if possible, take a break from social media during the custody litigation and avoid using it entirely.

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!

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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.  

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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.  

 

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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.   

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Is January really ‘divorce month’?

After the holiday season is over, both attorneys and the courts see an uptick in divorce filings, especially in the first half of January creating the nickname ‘divorce month.’

According to an article published in the New York Times in 2019, there is a significant jump from December to January in Google searches of the topic of divorce as well as attorneys doing more filings and taking on new clients.

Two factors may play a role in this yearly trend. One factor includes not wanting to ruin the holidays for children and other family members.

Divorce also rises after the holidays because of the idea of starting the year fresh.

“The holidays are over, and I’m not going into this year as miserable as I was last year.” Vicky Townsend, co-founder and chief executive of the National Association of Divorce Professionals, said in the New York Times article.

Although filings may see a jump from December to January, it doesn’t mean that marriages on the rocks are doomed during this time. Divorce filings are often cyclical and caused by many factors, especially this year with the pandemic at play.

“Too much time with family can often trigger someone waking up and realizing, ‘This is not what I want for the rest of my life,’” according to Susan Myres, president of the American Academy of Matrimonial Lawyers and a divorce lawyer in Houston. “You’ll see an uptick in filings after Valentine’s Day and around August,” when children have had summer off and before school starts.

January may not spell the end of one’s marriage, however if you are thinking about separating, it may be time to give an attorney a call about your potential options.

Attorney Neil Magner has over 15 years of experience serving southeastern Wisconsin in various forms of family law, including divorce and legal separation, post-judgment modifications, child custody and support matters, equitable property division and paternity cases. Call 414-281-4529 to schedule an appointment.

Don’t forget about IRS when deciding divorce agreement

The IRS has some very interesting rules when it comes to reporting the income and assets of divorcing couples. To make it even more complicated, those rules are different in community property states like Wisconsin.

The first thing to know before you check the “married” or “single” box on your tax return is that the IRS wants to know what your marriage status was on Dec. 31. If your divorce became final on Jan. 1, you must check the married box. If you live in Wisconsin, the state treats both incomes as community property and you may have to include part of your spouse’s income as your own for the part of the year you were still married.

You and your ex-spouse must also decide who is going to claim head of household – and take advantage of the greater deductions – for the part of the year that you were married. Generally speaking, if you paid for more than half of the housing costs for the year, and/or lived on your own for more than six months, and/or the children lived with you for more than six months, you can claim head of household.

You must also decide who is going to claim the tax write-off for the children. Usually the parent with whom the children live with the majority of the time will take the write-off. If there is shared parenting time and joint custody, some couples take turns claiming the children every other year.

Keep in mind when determining and agreeing to alimony and child support payments that alimony is deductible by the payer and must be claimed as income by the payee. Child support is neither of those things so you must be careful how you describe certain payments in the divorce decree.

When dividing assets and property, the IRS can hit you unexpectedly. If you are awarded part of your former spouse’s retirement account or 401(k) it’s a good idea to roll over that money into a retirement account of your own so you do not have to pay penalties or fees on that money.

To avoid paying capital gains or losses on a property transfer you must complete the deal within a year of the divorce date unless the event is specifically detailed in the divorce agreement. In that which case you have up to six years for any property transfers.

Source: dailyfinance.com, “Don’t Let Divorce Destroy You at Tax Time,” Dan Caplinger, July 23, 2012

Parents sometimes use children as pawns in disagreements

Many of the decisions and protocol parents need to follow regarding their children are addressed in the divorce decree and child custody/support orders. But there are certainly some events that no one can prepare for. Anger, bitterness, pride and different belief systems often get in the way of sound decisions when divorced parents have arguments about what is best for their children.

Such is the case of a 4-year-old girl that made national news recently when her father did not allow her to accept a trip to Disney World from the Make-A-Wish Foundation. She recently completed her chemotherapy treatments for leukemia that she’s been fighting for the last two years. The Foundation granted her wish to take her Mom, sister and grandparents with her to the Magic Kingdom. But, she needed signed permission from both her parents, and her father refused.

The girl’s mother feels that her father was retaliating because he was only recently granted visitation rights to see his daughter earlier this year. She felt he was using this occurrence as a way to get back at the mother.

He argued that only children who were terminally ill and only had six months left to live should be awarded grants for the foundation. His daughter was declared cancer free. He was also embittered because neither he nor the girl’s other siblings were invited to participate in the trip.

The Foundation argued that it does not focus on terminally-ill children, but provides hope and strength to youngsters undergoing difficult medical procedures.

In the end, the little girl’s maternal family raised enough money for the trip by placing jars at local Haskins businesses and with donations that poured in from around the country through an online account.

Our firm can help you resolved conflicts like the one discussed in this article. Learn more by visiting our Milwaukee, Wisconsin, Family Law web page.

Source: Toledoblade.com, “Help goes national as cancer survivor, 4, will get her wish,” Mel Flanagan, July 20, 2012

Milwaukee woman entitled to interest from ex-husband’s benefits

A Wisconsin court recently decided that the ex-wife of a former Milwaukee fireman is entitled to 40 percent of his retirement pension beginning in 2001. The couple divorced after 24 years of marriage back in 1993. During that time, they worked with family law attorneys to draft a marriage settlement agreement. The agreement determined that the ex-wife would receive 40 percent of her former husband’s pension that he would begin to receive in 2001 when he turned 57.

Instead of receiving his pension in 2001 as planned, the fireman decided to join litigation concerning the duty disability benefits he had been receiving since 1985. The results of the litigation determined that the fireman would receive nontaxable disability benefits for life instead of the pension. He did not inform his ex-wife that he decided to take the disability option instead of the pension. When his wife learned through a family friend of this decision in 2009, she assumed that he had done this hoping that she would receive not receive any spousal support because of his decision.

The ex-wife decided to dispute her ex-husband’s decision, and a circuit court ruled in her favor. The former firefighter was ordered to pay his ex-wife the past-due payments that she should have received back in 2001 plus 3 percent interest. Her ex-husband was ordered to pay more than $160,000. The court also ruled that if he did not pay the past-due amount within one month and two weeks from the judgement, he would have to pay 12 percent interest on the amount owed. The ex-husband tried to appeal the decision, but the appeals court upheld the circuit court’s decision. Family law attorneys can be valuable advocates for people struggling with family law issues.

Source: State Bar of Wisconsin, “Court Sides With Ex-Wife in Pension Fight, Applies New Judgment Interest Rule,” Joe Forward, Sept. 13, 2012

‘Grand families’ face unique legal issues

Society’s view of the “traditional” family — that is, father, mother, children — is of course a hot topic these days in family law, especially in wake of more and more states legalizing same-sex marriages. But another type of nontraditional family is often overlooked: the so-called grand family.

More and more children these days are being raised by their grandparents; in fact, this is the fastest-growing type of family in the United States. In Wisconsin, more than 70,000 children live in homes where the primary person in charge of the child’s well-being is one or both of the grandparents.

The reasons behind the increase of grand families are many and include everything from parental incarceration, drug abuse and divorce. Often, an endangered child’s biological grandparents will step in and adopt the child in lieu of getting protective services involved or dealing with a foster family. Besides the usual day-to-day challenges of parenting, grandparents may also face unexpected legal issues when it comes to their status as caregivers, which can also affect their grandchildren.

The law depends on family classification more than most people would assume. Grandparents who find themselves raising their grandchildren face a potential storm of legal issues. Family attorneys can work to prevent these legal problems from happening in the first place. For families, planning is one of the best ways to protect against future unforeseen circumstances.

For example, grandparents can use family attorneys to ensure that their grandchildren are legally tied to them and that this has occurred through the correct legal channels. Dealing with the challenges of parenthood is stressful enough, but having to worry about what might happen to your child just because the law doesn’t technically recognize your unique family can be staggering. A simple consultation with a family attorney could save hours and hours of emotional and financial headaches later on.

Source: Green Bay Press Gazette, “‘Grand families’ support group starting,” Sept. 27, 2012

Wisconsin domestic partnership law upheld

The Wisconsin domestic partnership law has survived a constitutional challenge, at least for now. The law, passed in 2009, allows same-sex couples who share the same residence to register as domestic partners. Shortly after the law took effect, Family Action Wisconsin filed a lawsuit seeking to have domestic partnerships declared unconstitutional. The group argued the law violated a 2006 Wisconsin constitutional amendment that declares marriage in the state to be between one man and one woman. The amendment denies state recognition of any legal status that purports to confer rights and benefits substantially similar to marriage.

Defendants in the lawsuit, who include a former Wisconsin governor, argued the domestic partnership law did not grant substantially similar rights. They pointed to 33 specific differences between domestic partnerships and marriage, including differences in how domestic partnerships are treated under existing family law. For example, the law makes no provision for property division when a same-sex partnership ends. The Wisconsin Court of Appeals agreed with the defendants. The plaintiffs have vowed to appeal to the state’s Supreme Court.

While registered domestic partners in Wisconsin do not have all the rights of married couples, there are some benefits. Registering as a domestic partnership allows a couple to own property as joint tenants, inherit property through the laws of intestacy, and take leave under the state’s Family and Medical Leave Act when one partner is ill.

Because domestic partners are not treated the same as married couples, individuals wishing to register a domestic partnership are advised to consult with a knowledgeable family law attorney first. The attorney can help by drafting a domestic partnership agreement to address issues not covered by the law, like how property division will be handled if the relationship ends.

Source: State Bar of Wisconsin, “Wisconsin’s Domestic Partnership Law Survives Constitutional Challenge,” Joe Forward, Jan. 2, 2013