Changing a minor’s name in Wisconsin

Depending on the facts in the case, it may be possible to change a minor’s name to the mother’s maiden name after a divorce. A judge will have to determine that ordering such a change is in the best interest of the child. The court will look at how long the child has had the name and whether the change could cause harm to the child in the future.

While children have typically kept their father’s name in the past, courts do not always side with tradition. If the child has a stronger relationship with the mother than with the father, it may be better to allow the child to use the mother’s maiden name. However, a court may also rule that the child keeps the father’s last name as long as he performs his duties as a parent.

If the mother gets remarried, the child’s stepfather may ask that the entire family take the new father’s last name. It may also be possible for the children to revert back to the mother’s maiden name as part of the adoption process. Regardless of what name the child takes, it does not change child support, visitation or custody rights and obligations previously ordered by the court.

Consulting with a family law attorney may be worthwhile whenever a dispute arises during or after a divorce. It may be possible to get the parents together to resolve issues such as what name the child will take through mediation instead of going to court. However, an attorney may be available to represent a parent in court if necessary.

Source: Findlaw, ‘Changing Your Name After Divorce”, Accessed on Jan. 16, 2015

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How alimony payments affect taxes

People who are going through a divorce in Wisconsin might be interested to learn how alimony will affect their taxes. The Internal Revenue Service requires all people who pay or receive alimony to report the payments on their taxes. Recipients of alimony must count the payments as income, and payers of alimony may deduct the payments from their yearly income.

For tax purposes, ex-spouses with an alimony order in their divorce decree must share their Social Security numbers with one another. If an individual fails to provide their ex-spouse with a Social Security number, the IRS may require them to pay a fine of $50. Spouses who are receiving alimony are required to report the full amount of alimony that they are receiving as income on Form 1040.

It is important for divorced people to understand what the IRS considers to be alimony payments. In order to be counted as an income deduction, alimony that is paid must be required by a court order. Voluntary payments and payments that are made to divide marital property are not alimony, according to the IRS. Further, the person who is paying alimony must not share the same household as the recipient, and the payments must be made in the form of cash, checks or money orders.

A person who is going through a divorce and seeking alimony payments might want to speak to a family law attorney. An attorney may be able to represent the lower-earning spouse’s interests at negotiations and court hearings. In some cases, the fact that alimony is deductible can help ameliorate the financial consequences to the payer.

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Gay marriage rights upheld nationwide by U.S. Supreme Court

Although a lower court ruling in 2014 recognized same-sex marriages in Wisconsin, the right to marry for same-sex couples declared by the U.S. Supreme Court in its June 2015 decision gives the marriages of Wisconsin same-sex couples legal weight even if they move to another state. This interstate issue was part of the case before the Supreme Court. In Obergefell vs. Hodges, one state had refused to recognize a man as a surviving spouse because he had married his partner in a different state.

Additionally, the Supreme Court considered the question of whether the equal protection and due process guaranteed by the Fourteenth Amendment applied to same-sex marriages. In a 5-4 decision, the justices chose to extend these rights to gay couples. Writing for the majority , Justice Anthony Kennedy acknowledged that marriage had historically been defined as a union of opposite sex partners but conceded that the institution had evolved and changed over the years.

According to an ABC News/Washington Post poll, 61 percent of the people questioned expressed support for gay and lesbian marriage rights. These marriage rights had already existed in various legal definitions in the District of Columbia and 36 states. The other states will now have to recognize same-sex marriages as equal before the law.

Before this decision, gay and lesbian people had sometimes faced challenges to their family law rights. With equal legal protection now legally established, a person could have a clearer legal path toward goals such as marriage, divorce or child adoption. An attorney could advise a person about how to proceed with family law issues such as negotiations to divide property and determine child custody and visitation.

Source: ABC News, “Same-Sex Marriage: These Are The States Affected by SCOTUS Ruling,” June 26, 2015

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Alimony can be complicated divorce issue

Wisconsin couples know that when a marriage ends, many times financial obligations do not. These include child support, which usually ends when a child turns 18, and alimony, which might only end with the remarriage or death of an ex-spouse.

Just like child support, alimony, also known as spousal support, usually can’t be avoided in a divorce. The burden of paying alimony usually falls on the spouse with the higher income. Sometimes, alimony ends after a specified time, and sometimes, it ends when the receiving spouse remarries or dies. In some cases, this may depend upon the stipulations of the divorce decree.

The amount of alimony to be paid also depends on other factors. These include each spouse’s gross monthly income and how long the marriage lasted. In shorter marriages, alimony may be limited to the same length of time the marriage lasted; in longer marriages, say over 10 years, it may last indefinitely. Courts also will look at the standard living the couple enjoyed in married life, if the alimony recipient is able to work, and the age and health of the receiving spouse.

Not all ex-spouses want alimony. They may be able to support themselves or may just want to sever all ties with their former spouse. Because spousal support can be a complicated issue, divorcing couples may want to consult with a family law attorney who may be able to help them in negotiating spousal support and helping them to make informed decisions when the issue comes before the court.

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Man must pay alimony to immigrant ex despite prenup

Wisconsin couples may be under the assumption that a prenuptial agreement is ironclad, but a federal court decision proves that is not always the case. On June 8, the U.S. Court of Appeals for the 9th Circuit ruled that a wealthy real estate agent must pay alimony to his Turkish ex-wife because he is her immigration sponsor.

The real estate agent, a naturalized U.S. citizen from Turkey, married a Turkish woman in 2009. Per the couple’s marriage contract, he agreed to provide enough financial support to keep her income at least 125 percent above the federal poverty line. However, the couple separated in 2011 and officially divorced in 2012. A prenuptial agreement stipulated that each party forgo alimony if they divorced. The ex-wife moved into an apartment with her adult son and received food stamps from California. Shortly after the divorce was finalized, she sued her ex-husband for the income promised on the I-864 Affidavit of Support they both signed when she came to the U.S.

The real estate agent, who is said to be worth $5 million, argued that he was already financially supporting his ex-wife and the prenuptial agreement foreclosed alimony. He further claimed that food stamps and a Turkish pension kept her above the poverty line. A district court ruled that he had an obligation to support his ex under the terms of I-864, but he did not have to pay her because her son’s support kept her above the poverty line. However, the 9th Circuit ruled that the affidavit of support is a contract and must be upheld regardless of the provisions of the prenuptial agreement.

Divorce cases can be complex, and prenuptial agreements that were entered into with the intent of simplifying them can be overturned for a variety of other reasons. Attorneys will advise their clients who are considering one that the terms should be negotiated and the document signed well in advance of the wedding in order to preclude a future claim of coercion or duress.

Source: Courthouse News Service, “Immigrant Ex Gets Alimony Despite Prenup,” Nick Rummell, June 8, 2016

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