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
Attorney Linda S. Vanden Heuvel of Vanden Heuvel & Dineen, S.C. published Divorce in Wisconsin this month. The book is a practical question-and-answer guide to day-to-day divorce issues. Attorney Vanden Heuvel, a top-rated Wisconsin divorce attorney, and family law attorney wrote the book as a guide for clients who do not understand the divorce process. Divorce impacts not only … Read more
Two out of three college students graduate with student loans averaging $23,000.00. The Healthcare and Education Reconciliation Act gives student-borrowers new options in loan repayment. The Act expands the income-based repayment plan for Federal student loans. Under this new law, students enrolling in college in 2014 or after have the following student loan options: In … Read more
If a parent is receiving social security retirement or disability payments, the children should also receive social security benefits directly. Wisconsin addresses this situation. DCF 150.03(5) provides as follows:“ADJUSTMENT FOR CHILD’S SOCIAL SECURITY. The court may include benefits received by a child under 42 USC 402(d) based on a parent’s entitlement to federal disability or … Read more
On April 29, 2015, Attorney Linda Vanden Heuvel received Martindale-Hubbell Judicial Recognition – the highest possible rating in both legal ability and ethical standards reflecting the confidential opinions of members of the Bar and Judiciary. The Martindale-Hubbell Judicial Rating relies on judges, lawyers, and members of the Bar to recommend and rate attorneys on both ethical standards and quality … Read more