Tag Archive for: child support

Primary Caretaker Designation and Custody

Wisconsin parents who are considering a divorce should be aware of how a preference for the primary caretaker can affect custody arrangements. While joint physical custody is often seen as the ideal scenario, the preference is usually given to the child’s primary caretaker. The primary caretaker standard emphasizes the importance of the relationship between a child and the parent he or she spends the most time with.

Family courts determine which parent is the primary caretaker by using several factors, including who is responsible for bathing, dressing, meal preparation, making health care arrangements and other aspects of general care. The courts also consider which parent is responsible for helping the child with school work, attending school functions and planning leisure activities. Each of these factors contributes significantly to the parent-child bond the courts are interested in preserving for the well-being of the child.

When both parents have had an equal share in parenting responsibility, the courts use the “child’s best interest” standard to determine custody. This standard considers factors such as the child’s wishes and the physical and mental health of each parent. The courts also consider the stability of the home environment, interaction with extended family and how the custody arrangement would affect the child’s ability to adjust to social changes after the divorce.

A divorcing parent may benefit from contacting a family law attorney for advice on custody and visitation. An attorney may also be able to provide assistance with enforcing an existing custody order if the other parent is in violation of it. In many cases, legal assistance will be advisable if negotiations between parents has broken down.

Facebook Postings Could be Evidence in Divorce

Divorce is often a very contentious and stressful experience. Parties can look for any advantage they can get and a Facebook faux pas can have major consequences.

Depending on your privacy settings, not everyone who can read your Facebook is your “friend.” As more and more people use social media, we are seeing a growing trend in Wisconsin and across the country with more electronic postings from the internet coming into courts of law as evidence in civil cases like divorce and in criminal matters.

On September 10, the New York State Bar Association issued an ethics opinion that permitted using Facebook evidence so long as no trickery or fraud was used in obtaining it. Last year, a Wisconsin court of appeals upheld using a defendant’s Myspace page as evidence against him.

The sort of evidence that you can get from social media web sites is the sort of evidence that you used to need a private investigator to get. Now people are more than willing to share their secrets to complete strangers over the internet. Examples of self-damaging Facebook posts are plentiful. They range from a fugitive commenting on the great weather where she was hiding, to a parent claiming to be too poor to pay child support and then showing off a newly bought luxury car in Facebook photos.

People tend to write things on Facebook they would never say aloud and post pictures they would not want everyone to see. Facebook is a great outlet for expression, but some people should take more care with what they post on Facebook. Facebook postings have come back to haunt some people in court.

Sources:

St. Petersburg Times (TampaBay.com): Facebook flubs make for salacious legal cases; Stephanie Hayes, 10/15/2010.

State v. Trusty, 776 N.W.2d 287 (Wis. App. 2009)

J. Crew boss to try on a size XL divorce

Many Milwaukee residents probably know J. Crew, the clothing company beloved by Michelle Obama and other clotheshorses. If so, they are probably familiar with the face of J. Crew, Jenna Lyons. J. Crew has made Lyons, its president and creative director, a prominent fixture of its marketing campaigns. She usually appears in advertisements with her son to convey the message that it is possible to be a modern, career-oriented professional and parent — and to look great all the while.

The focus of that marketing strategy might need to change, though. Lyons recently filed for divorce from Vincent Mazeau, her husband since 2002, and is reportedly leaving him for a relationship with a woman.

It seems Lyons’ marriage to Mazeau fell apart this summer. Now, the two are trying to figure out a child custody arrangement for their son, Beckett.

Another unresolved issue is whether Lyons will have to pay Mazeau spousal support. Last year, she earned $4.2 million while he was primarily a stay-at-home dad. Mazeau has said he gave up on his career as an artist so that Lyons could pursue her career at J. Crew.

All in all, this has the makings for a rather contentious divorce. Money, fame and a professional reputation are at stake and if it’s true that Lyons left her husband for a woman, then there is just a whiff of scandal about the whole affair.

Generally speaking, in child custody cases, judges consider the best interests of the child. When it comes to spousal support, they look to each spouse’s need and to the other spouse’s ability to pay.

Now, that is really an over-generalization. Every relationship is unique and there are a host of other nuances and smaller factors that play into the situation. (Here, for instance, is true that Mazeau “gave up” his career as an artist? Many artists do not make it professionally; was he really “giving up” anything at all?)

If you are heading towards a divorce or need guidance in determining an acceptable child-custody arragement, it would be a good idea to have a conversation with a Milwaukee attorney who specializes in these matters. He or she will be able to elaborate more on all the details of what goes into child custody and spousal support decisions.

Source: The Daily Mail, “Millionaire J. Crew boss who painted five-year-old son’s toenails pink splits from husband — and moves on with lesbian lover,” Daniel Bates, Oct. 25, 2011

More common for wives to pay alimony

Wisconsin residents might be interested to hear that it is becoming more common for wives to be ordered to pay alimony to their ex-husbands in divorces. Husbands and wives do not necessarily have the stereotypical marriage arrangements that they used to have in the past. Traditionally, wives stayed at home while the men were the primary breadwinners. Now, however, wives may be the primary breadwinners, or both spouses may earn income equally.

Alimony was originally designed to allow the spouse who stayed at home to care for the home and children to continue living in the lifestyle he or she had become accustomed to. Traditionally, the woman was the one who received alimony from her husband during a divorce. With studies reporting that over 40 percent of the wives who work earn more than their husbands, that trend is beginning to shift. This makes it so that some husbands are, in fact, receiving alimony from their wives rather than the other way around.

Experts say that many women, like men, do not like having to pay alimony to their ex-husbands. This is especially so in cases where both the husband and the wife worked, but the wife simply earned more than the husband. Some people are advocating for the removal of alimony altogether in an attempt to make divorces as de-genderized as marriages are becoming.

Family law lawyers may be able to help people who are going through the divorce process ensure that they receive a divorce settlement that is in their best interest, and they may be able to help a couple negotiate issues such as alimony, property division, child custody, child support and other divorce matters throughout divorce proceedings.

Source: TIME Ideas, “The De-Gendering of Divorce: Wives Pay Ex-Husbands Alimony Too Read more: http://ideas.time.com/2013/05/16/the-de-gendering-of-divorce-wives-pay-ex-husbands-alimony-too/#ixzz2TrG4sEau“, Liza Mundy, May 16, 2013

In divorce, being right does not always mean being happy

Wisconsin divorces often become more complicated when couples lose focus of what might be best for both parties and their children. Some couples concentrate on the wrongs they feel they’ve suffered. The emotions related to these perceived wrongs can be so intense that they only serve to add drama to the divorce negotiations.

Sometimes, the emotions related to a divorce can overpower the couple’s sense of clarity. It is during moments like these when perhaps the best person to ask about the situation is a disconnected third-party who can look at the situation and clearly see what would be best for those involved.

Making decisions based on emotions can sometimes be very volatile during a divorce process, leading to negative outcomes for those involved. Sometimes, it is better to negotiate without going to court. A legal battle over maintenance, child support or the separation of family assets can become costly, both in time and money. Additionally, it can also cause stress and even more more emotional pain. Asking a lawyer for advice on achieving fair negotiations and avoiding lengthy legal battles can be the best way to find a solution that is beneficial for all parties involved.

Because emotions can be so overwhelming during a divorce, couples have the option of filing for a Temporary Hearing to address issues such as payment of bills, maintenance and child support, child custody and even the use of the family’s residence and automobile at the beginning of the process. There are many laws regulating the divorce process, and a lawyer can be a valuable asset to navigate them.

Source: WiCourts, “Basic Guide to Divorce/Legal Separation”

Source: Huffington Post, “Do You Want To Be Right Or Do You Want To Be Happy?“, Debbi Dickinson, June 18, 2013

Infidelity and divorce

Allegations of infidelity have sounded the death knell for many Wisconsin marriages. While some spouses may be willing to forgive an indiscretion, others are unable to move beyond the negative emotions and hurt caused by a spouse’s unfaithful behavior. In those cases, divorce may be the only option. However, infidelity may not play any role in a divorce proceeding depending upon state law.

Many states have no-fault divorce laws, and a spouse who is seeking a divorce need not prove that the other spouse did anything wrong to cause the marriage to end. In most such states the court will not consider a history of infidelity or other bad behavior by one or both spouses in determining issues such as property division, child support or alimony.

In many no-fault states the court will base child support on statutory guidelines that consider the parties’ incomes and the children’s physical placement, not who was to blame for the marriage’s demise. In determining whether to award spousal support, the court will look at factors such as the length of the marriage and earning capacity of the parties, not whether one party was unfaithful. However, if a spouse’s bad behavior affects or endangers the well-being of the children, the court may factor it into its consideration of a child custody dispute.

Someone contemplating a divorce may wish to speak with an attorney that is experienced in family law matters. The attorney may be able to negotiate and prepare agreements relating to such matters as property division and spousal support. If there are children from the marriage, the attorney may be able to provide advice and counsel on such issues as child support and visitation rights.

Source: HuffingtonPost, “A Cheating Heart and Its Role in Divorce“, Caroline Choi, October 01, 2013

Who gets custody of pets in a divorce?

Many people in Wisconsin and all across the nation consider their pets to be members of their families. Some couples, especially those without children of their own, may view their pets like children. Therefore, when they go to get a divorce, questions might arise over who gets custody of the pets.

Although individuals may view their pets as family members, the courts do not. For property division purposes, pets are viewed as marital assets. Therefore, judges will follow the same guidelines when deciding who gets to keep the pets as they do with who gets other marital assets like furniture, vehicles and other possessions.

More divorce lawyers have reported an increase in the number of pet custody cases being filed in court. Consequently, more judges are beginning to take a more open-minded approach to deciding who gets to retain custody of the pets after a divorce. One factor that a judge might consider when determining who gets to keep pets is who will be able to offer the pet the most love, time and attention and what will be in the long-term best interest of the pet.

Just like child support cases, individuals can present evidence and testimony to prove to the court why it is best for the pet to remain in their custody. Issues that they might address are whether they have the financial means to support the pet, whether their ex has ever been neglectful of or abusive towards the pet, whether their work schedule is flexible enough to accommodate the pet’s emotional and physical needs and whether they retain custody of children who are emotionally attached to the pet. In some pet custody cases, visitation, shared custody and pet support payments are established by the courts.

Source: The Huffington Post, “Who Gets the Family Dog After Divorce?“, Nancy Kay, November 10, 2013

Divorce may have outsize impact on couples’ tax status, liability

Wisconsin couples both married and unmarried may know that marital status has an effect on the taxes they have to pay. A wedding means it’s time for a change in their tax situation, but so does a divorce. Filing status may be the first change that comes to mind when thinking about how life events affect one’s tax burden, but sharing expenses and income as a married couple can have a large impact at tax time.

Financial planning experts frequently offer tips to taxpayers trying to figure out their new obligations to the Internal Revenue Service. They suggest what some may already know: Filing status is important for figuring one’s tax burden, possible exemptions and credits such as the one for earned income. Whatever a taxpayer’s marital status is at 11:59 p.m. on Dec. 31 of the year for which the return is being filed is that person’s status for the entire year. Until a divorce is final, each spouse still falls into the “married” column.

Being married or single isn’t the only filing status; should a household include a qualifying dependent, a single person can file as the “head of household.” When it comes to married couples, choosing to file a joint return means that each spouse shares equally in any tax liability imposed by the IRS. Married people can choose to file as “married filing separately” to avoid this commingling, but doing so may take away eligibility for certain credits as well as expose each spouse to higher tax rates.

Filing for divorce is just the first official step in dissolving a marriage. Important divorce legal issues such as property division, alimony and child support may still need resolution. Family law attorneys may be able to help divorcing spouses access resources that could contribute to an outcome agreeable to all parties as well as represent divorcing spouses in court proceedings as needed.

Source: Yuma News Now, “How Marriage And Divorce Can Impact Your Taxes”, April 05, 2014

Tumbling Marriage Rates in Wisconsin Raise Family Law Questions

The United State Census Bureau released its statistics on marriage this week. The numbers tell an interesting story. In the 1960s, more than 80 percent of American adults were married. By 2000, the number fell to 57 percent. The recent figure for 2009 is 52 percent nationwide and 53 percent for Wisconsin. In Milwaukee County, only 41 percent of adults were married as of 2009.

The reasons for the decline are unclear. Some would argue that it is a sign of deteriorating family values. Others point out that young adults are waiting longer to get married than previous generations. Still others maintain that women no longer see marriage as a requirement for economic reasons. While the cause for the drop in marriage rates is up for debate, the effects are fairly predictable when it comes to family law.

With fewer marriages there will be less formal arrangements between couples. Many couples are choosing to live together or cohabitate.  According to the Population Reference Bureau, the decline in marriage rates “has been accompanied by a rapid increase in the number of cohabitating couples.”

When cohabitating couples break up, they do not divorce. Divorce allows married couples to divide their property, arrange for alimony (maintenance), child custody, visitation and child support. But many cohabitating couples have children and this often raises the issue of paternity, child custody, and child support.

When unmarried couples who have children separate, these issues are often left hanging and they require a court order for final resolution. The process can be complex and confusing. It is important to be fully aware of your rights and responsibilities when it comes to your children.  An experienced family law attorney can help you understand your options, rights, and responsibilities.

Source: MilwaukeeNewsBuzz.com: Is Wisconsin losing its taste for wedlock?; Matt Hrodey, 9/30/2010

A proactive approach can help children deal with divorce

A divorce is difficult for all involved, but when you have children still in the home it’s important to play an active role in helping them understand what is happening, why it is happening, and how it will affect them. This process is very traumatic for kids, and studies have shown that it can even affect their school performance, so you and your soon-to-be ex need to be proactive in helping them.

Parenting experts have some tips for helping children deal with divorce that we would like to share with you. First, you need to explain what is happening. Sit down with your kids, together if possible, in a quiet media-free environment. Calmly, tell them that you are going to be divorcing. Do this during a time when there will not be additional stress, such as when your child is missing out on an activity or staying up way past bedtime.

If you and your spouse must discuss the situation with your child apart from one another, collaborate beforehand to set the story straight. Even if you are bitterly angry at one another, you need to give your child the exact same story. Discrepancy will just confuse your kids and make the emotional trauma more painful.

Assure your kids that the divorce is in no way their fault, and then explain what it means for them. Be practical and answer the questions they will have, such as where they will live and when they will see the other parent. Be honest, but assure them that you love them no matter what and that they will have everything they need. Finally, do not talk negatively about your spouse, even if you feel like it. Remember, they will be your child’s parent for the rest of his or her life, so it is not your job to discredit your soon-to-be ex in front of your kids.

Experienced family law attorneys understand that both spouses’ actions leading up to and during a divorce can be considered by a Wisconsin judge when making divorce rulings on important issues, including child custody and child support. When facing a divorce, a cooperative and proactive approach is often looked upon favorably by family court judges.

Source: ABC Action News, “Parents in action: How to help your children cope with your divorce,” Angela Ardolino, 6/2/2011