Tag Archive for: Wisconsin

Divorce rates expected to rise during economic recovery

An increase in the rate of divorce in Wisconsin and across the United States may be directly related to a rebound in the economy, according to recent statistical studies and family law attorneys who are now seeing more couples choose to end marriages. During the recession, the overall number of divorces dropped dramatically nationwide. Now that financial conditions have begun improving and stabilizing, more married partners are calling it quits.

The American Academy of Matrimonial Lawyers (AAML) says America, with the world’s highest rate-of-divorce, saw far fewer legal split-ups during the recession years. In 2008, divorces dropped 24 percent. In 2009, divorces were down 57 percent. This is not an unusual pattern, according to the AAML, which said bad economic times traditionally make couples less certain about major changes.

The recession has affected the rate of marriage as well as the rate of divorce. Fewer recession-affected couples choose to marry, have children and break up. A Pew Research poll, taken at the tail end of 2009, found that couples, younger than 35 years of age, decided to wait for better times to get married. Some 15 percent opted to stay engaged a little longer rather than wed and 14 percent held off adding a new child to their families. In addition, many couples who wished to end a marriage decided to stick it out a little longer for financial reasons.

Many couples, who thought about breaking up during the financial downturn, hesitated to separate because of worries over how the economic crisis would affect the division of marital assets. The costs associated with divorcing, including finding separate residences, and falling property values, caused a reluctance to split up.

Source: AFP, “Rising US divorce rate signals economic recovery,” Virginie Montet, 4/29/2011

Concerned that your divorce could negatively affect your children’s social skills?

If you have children and are considering divorce, you have probably heard a lot of claims that children of divorced parents don’t perform as well in school, have a greater chance of getting divorced themselves, or are otherwise negatively affected by their parents’ decision to end their marriage.

The truth is, life is more complex than social science research. While statistics may show trends, they can’t predict what will happen to individuals. What is useful about such research is that it can give us information about what risks our children may face so that we can take action.

That being said, the results of a recent University of Wisconsin at Madison study suggest that children of divorce are more likely to have lower scores in mathematics and may fall behind in social skills, as well. And, the researchers found, children are most likely to be negatively affected once divorce proceedings are underway.

According to the study, those children who appeared to be affected began to experience developmental challenges after their parents initiated the divorce, and any learning challenges they experienced continued after the divorce was over. This is interesting information because it had been previously assumed that the greatest negative impact on children came from the turmoil in their parents’ relationships prior to the decision to divorce.

Published in the American Sociological Review, the study followed the development of over 3,500 children ranging in age from kindergarten to fifth grade. They were followed at various times before, during and after their parents’ divorces.

The study suggests that math skills are the most likely to suffer, perhaps because math requires a progressive understanding of concepts and problem-solving over time. The suggestion is that conflict experienced by children during a divorce has an impact on the understanding and conceptualization students need to progress in math. The study also suggests that, without intervention, these kids are unlikely to simply catch up as their lives stabilize.

Contributing factors that affect children of divorce include stress arising from dealing with angry or depressed parents, interruptions in the normal routine and living arrangements, and reductions in family income.

For couples with children, going through a divorce involves legal questions, but it also involves relationship issues for the divorcing parents and the children. Good divorce planning involves working with your divorcing spouse on how to resolve problems and successfully co-parent your children as you move into a new phase of your lives.

Source: Reuters Life! “Children of divorce score worse in math, social skills,” Bernd Debusmann Jr., June 2, 2011

Census finds change in Wisconsin divorce and marriage patterns

According to a recent analysis of data from the U.S. Census, people in Wisconsin are getting married and filing for divorce at a slower pace than couples living in the rest of the nation. In the years since the Census Bureau began keeping track of both marriages and divorces in 2008, it found that Wisconsin’s marriage and divorce rates lagged behind the national average.

According to the Census data, only 1.7 percent of Wisconsin men and 1.6 percent of Wisconsin women got married in 2009, compared with the national average of 1.9 percent for men and 1.8 percent for women.

Diana Elliot, a demographer with the Census Bureau, says that these two numbers are strongly related. She believes that many people are delaying marriage, and divorce rates will fall when there are fewer marriages. In fact, delaying marriage is part of a larger national trend. Over the past forty years, the average age at which a man marries has increased to 28 and the average woman married about the age of 26, reflecting an increase of about six years.

However, just because people are delaying marriage does not mean that that are putting off relationships. Cohabitation and having children out of wedlock is becoming increasingly common in Wisconsin. With that in mind, it is important to note the legal ramifications of having children out of wedlock.

When a married couple divorces, the issues of child support, child custody, alimony, and marital property division are resolved in the divorce order. When an unmarried couple with children separates, there is no divorce order. When a mother never marries a child’s father, a paternity lawsuit is needed to determine the issues of child support, child custody and visitation.

Source: The Superior Telegram, “Wisconsin marriage and divorce rates trail the nation’s,” Teresa Shipley, Aug. 25, 2011

La Crosse man denied custody, charged with threats

After an unfavorable outcome in a child custody case, a La Crosse man has been charged with eight felony counts of threat. In the custody case, the man was denied contact with his children and ordered to undergo counseling. He began seeing a therapist, who told police the man made threats during a session. He allegedly told the therapist that he would “go on a rampage and take down as many people as I can.”

The man is charged with one count of threat to a judge and seven counts of threat to witnesses, Class H felonies, for making threats against a judge, his wife, and social workers. He currently is jailed with a cash bond set at $25,000. His case presents a good example of what not do to when attempting to gain child custody.

Under Wisconsin law, parents may agree where their child will live after divorce. If they cannot reach an agreement, the court will decide based on the best interests of the child. Child custody disputes can be emotionally draining. One’s parenting skills may come under scrutiny. It is important to remain level-headed and cooperative with the court’s requests during this time. Actions that call a parent’s judgment into question or raise concerns about the child’s safety will likely lead a court to conclude that the child’s best interests would not be served by giving that parent custody or visitation rights.

Once the court determines physical placement, it can be hard to modify. Accordingly, someone involved in a custody dispute is advised to seek the advice of an experienced child custody attorney. The attorney can help protect parents’ rights and provide guidance throughout the process.

Source: WXOW.com, “La Crosse man charged with threatening judge, wife, social workers,” Steffani Nolte, Jan. 17, 2013

Wisconsin man ordered to reveal unpaid child support

Last month, we reported that a judge had ordered a Wisconsin man not to have any more children until he demonstrates that he can financially support the nine children he already has. Now, another Wisconsin man has received a similar order, but in this latest case, the judge has gone one step further. The man also must reveal within three minutes of meeting a woman that he is a convicted felon with overdue child support obligations.

The unusual order came after the 28-year-old father pleaded guilty to the felony charge of failure to pay child support in 2011 for over 120 days. During sentencing, a Washburn County Circuit Court judge told him that he cannot have any more children until he is paid up on his delinquent support. This has been done before, following a previous case authorizing judges to issue such orders. The obligation to notify potential mates of one’s criminal past is novel, at least to this man.

These cases illustrate the risks of falling behind in child support payments. The more one falls behind, the more difficult it becomes to get caught up. A failure to pay can lead to child support enforcement proceedings and criminal charges. That is why it is important to seek help.

In Wisconsin, and in other states, the financial obligation of a non-custodial parent is often based on a percentage of the parent’s income applying a statutory child support formula. If there is a substantial change in circumstances, it may be possible to modify the original child support order. If you have fallen behind in your monthly payments, it can help to seek advice from a knowledgeable child support attorney who can review your financial circumstances and seek child support modification if appropriate.

Source: Milwaukee Journal Sentinel, “Wisconsin man in child support case ordered not to have more children,” The Associated Press, Jan. 17, 2013

Another Wisconsin man barred from having children

Wisconsin judges have a variety of means at their disposal for child support enforcement. They may order garnishment of a delinquent parent’s wages or income tax refunds, place liens on property or deny occupational and sporting licenses or even order jail time. Increasingly, Wisconsin judges have been resorting to an enforcement measure many view as extreme – they are ordering delinquent parents to refrain from having more children.

A Racine County judge made national headlines in December when he ordered that a man could not have any more children until he showed he could support them. In that case, the man owed around $90,000 in delinquent payments for nine existing children. Then, as we reported in a prior blog post in January, a Washburn County judge imposed similar conditions on another man who had been convicted of failure to pay child support. Now, a Sawyer County judge has adopted the same approach.

In the most recent case, a Hayward man who owes approximately $5,000 in back support for his three children was convicted on two felony counts of failure to pay support. In sentencing him to two years’ probation, the judge ordered that he refrain from procreating until he pays up. In an additional twist similar to the other case, the judge also ordered that the man disclose within three minutes after meeting any woman that he is a felon and owes back child support.

These cases demonstrate the serious consequences of falling behind on child support payments. If non-custodial parents find they cannot make court-ordered monthly payments, it is important for them to seek help. An experienced child support attorney can review a parent’s financial situation to determine if a child support modification would be appropriate.

Source: Duluth News Tribune, “State view: No-procreation order is just one solution to enforce child support,” Bruce Vielmetti, Jan. 23, 2013

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