admin On June 20, 2011, Dane County Circuit Court Judge Daniel R. Moeser ruled that Wis. Stat. Chapter 770, which legalized registries for same-sex couples, does not grant legal status to domestic partners that are identical or substantially similar to marriage. The Court reasoned that “the State does not recognize domestic partnership in a way that … Read more
A court will consider the following factors to determine if a spouse is entitled to maintenance: 1. The length of the marriage. 2. The age, physical and emotional health of the parties. 3. The division of property made under s. 767.61 Wis. Stats. 4. The education level of each party at the time of marriage … Read more
The child support definition generally includes all gross income from every source. Instead of arguing whether something is gross income, argue whether or not including the income is fair or unfair. The payor has the burden to argue when the percentage is unfair. In the past the court has affirmed including trips paid by the … Read more
On March 23, 2010, President Barack Obama signed into law healthcare reform. The legislation that President Obama signed addresses publicly funded national long-term care insurance, the Community Living Assistance Services and Supports (CLASS) Act http://www.opencongress.org. It also contains a number of provisions aimed at ending Medicare’s impact of forcing the elderly and disabled, in some … Read more
Even though many people treat their animals as important members of their family, when it comes to divorce, Wisconsin pets are generally considered property and are not treated as “children.” The Court does not award “placement.” But this analysis is changing, as more recognition is given to the fact that pets are members of the … Read more
The Grandfamilies State Law and Policy Resource Center acts as a national legal resource supporting grandparents. The Grandfamilies State Law and Policy Resource Center provides a database of laws and legislation affecting grandparents and grandchildren for all 50 states, summarizes the laws and legislation, provides publications and technical assistance. Resources are also available on the AARP website. For additional elder law … Read more
On April 2, 2014, the United States Supreme Court struck down a cap on the total amount one individual can contribute to Federal candidates in a two year election cycle. This decision, with a new round of elections in the immediate future, will open the floodgates for “money talks” politics in the United States. The reasoning behind … Read more
Maintenance, which was previously referred to as spousal support or alimony, is a payment from one spouse directly to the other. It is entirely different than child support. By state statute, a Court can grant an order requiring maintenance payments to either party for a limited or indefinite length of time, after considering the following … Read more
On April 9, 2014, Wisconsin enacted the Wisconsin Social Media Protection Act. The Act protects employees by restricting employer’s access to individual’s social media information: There are, however, exceptions to the above restrictions. An employer is not prohibited from the following: The Social Media Protection Act makes it illegal to require an employee, job applicant or … Read more
Yesterday the Wisconsin Supreme Court declined to hear a petition brought by a same-sex couple seeking to strike down the State’s constitutional ban on gay marriage. A separate Federal lawsuit filed by eight same-sex couples remains pending in the Western District of Wisconsin in Madison. Nineteen states now allow same-sex marriage. These states include: Every … Read more