West Bend Law Blog

Important tasks after your divorce

On behalf of Mayer Law Office, LLC posted in family law on Sunday, May 20, 2018.

If you are like most people who get divorced in Wisconsin, the experience is not something you would like to repeat or that you would wish on anyone else. However, if you are lucky you can use the experience to move forward and make your future a positive one. In looking at how you may best do this, there are some things you should make a plan to do as soon as possible after your divorce decree is finalized.

According to Forbes, a typical divorce agreement may not necessarily be the only document you need to focus on when it comes to getting a fresh start without your spouse. Any document that outlines beneficiaries or terms surrounding your death or potential need for someone to take control over your finances or health care requires a review and likely updating once your divorce is complete.

Caring for one's grandchildren

On behalf of Mayer Law Office, LLC posted in family law on Sunday, May 13, 2018.

If you are like most people in Wisconsin, you assume that once you have raised your kids and it is your time to be a grandparent, you should be all set to enjoy the most fun elements of watching a child grow. Sadly, there are some situations in which your adult child is not able to fulfill their parenting duties and you may choose to step in on their behalf. This can happen if your child dies, for example. Other times a person might struggle with a mental health condition or an addiction that leaves them incapable of effectively raising their kids.

As explained by AARP, if you are in the position of wanting to raise your grandchildren, you may have different levels of rights or responsibilities https://www.aarp.org/relationships/friends-family/info-08-2011/grandfamilies-guide-legal-issues.html based upon the designations involved and the level of rights retained by your adult child or the children's other parent. The most sweeping level of rights and responsibilities you can have would be if you were allowed to legally adopt your grandchildren. In this situation, it would be as if you were the actual parent both physically and legally.

How income changes affect child support

On behalf of Mayer Law Office, LLC posted in family law on Saturday, May 12, 2018.

Divorced parents in Wisconsin have a lot on their plate between sharing custody and trying to keep up a healthy relationship with a child they may not see that often. When the parent who is responsible for child support payments loses a job or takes a pay cut, this can result in high stress. While a support modification is possible, there are certain steps the parent needs to take in order to keep things legal.

One of the first instincts when there is a fear bills cannot be paid may be to stop paying child support payments, but this would be a mistake. According to the Wisconsin Department of Children and Families, you are required to keep paying until the court orders a modification change. The law also dictates you need to inform the support agency when there is an income or job change within 10 days of the alteration. Often the court will not even consider a change unless there is a substantial income change or you go longer than six weeks without a job.

What is the walk and turn test?

On behalf of Mayer Law Office, LLC posted in criminal defense on Sunday, April 29, 2018.

If you have recently been charged with a drunk driving offense in Wisconsin, you might be feeling like you have no rights or do not know how to protect your rights. The fact is that you always have the right to defend yourself against criminal charges. Understanding the process and tests involved in your investigation and subsequent arrest is important as sometimes there may be issues with some of the evidence used to support your arrest.

A good example of this is with the field sobriety tests. As explained by FieldSobrietyTests.org, these tests are not at all completely accurate. One of the tests known as the walk and turn test is said to have an accuracy rate of only 66 percent. Many things you cannot always control may contribute to your inability to properly pass this test. In this test you are asked to take nine paces forward in a heel-to-toe manner, then turn around and return to where you began.

What are the legal risks of adoption?

On behalf of Mayer Law Office, LLC posted in family law on Friday, April 27, 2018.

Wisconsin parents like you have spent a long time searching for a child to become part of your family. However, there are certain risk factors that can impact whether or not your adoption is a successful one.

According to the National Adoption Center, there are legal risks involved in certain adoptions. A legal risk usually involves any scenario in which the birthparent or parents of a child up for adoption could potentially come back and reclaim the child. In these situations, the birthparents have not yet given up legal custody of the child and could be approved for parenting if they chose to pursue it.

Arguments over specific property during divorce

On behalf of Mayer Law Office, LLC posted in blog on Wednesday, April 25, 2018.

Wisconsin readers know that property division is one of the most emotional and difficult issues to work through in a divorce. People are rightfully concerned over what is going to happen to their stuff, and you may have this concern as well. Disputes can be stressful and lengthen the divorce process, so it may be beneficial for you to seek an understanding of your rights to specific property.

Wisconsin is a community property state. This means both spouses jointly own all property accumulated over the course of the marriage. You have a 50 percent ownership stake in everything you and your spouse bought, built or accumulated during the marriage. As with all property disputes and divorce, it can be beneficial for you to seek guidance when dealing with these complex issues.

An argument for shared custody

On behalf of Mayer Law Office, LLC posted in family law on Wednesday, April 18, 2018.

Even before meeting their children face to face, Wisconsin parents have their little ones on their minds. When they are only a gleam in a dad's eye and a dream in a mom's heart, children steal the show.

Sometimes, though, calm waters of marital bliss turn choppy and parents instinctively start putting their own needs first, unintentionally allowing their kids' interests to take a back seat. If that continues and the couple decides to part ways, the children may wonder what will happen to them after their parents divorce. Families in this situation should know, no matter how frustrated each spouse is with the other, it is important for the children to maintain a relationship with both.

What grandparents should know about child custody

On behalf of Mayer Law Office, LLC posted in family law on Friday, April 13, 2018.

While Wisconsin grandparents may prefer that their grandchildren are raised by their parents, in some situations it may be best if grandparents receive custody of the children. Getting custody sometimes depends on a family's particular circumstances and it is important to understand what a court might consider when determining who the children will live with.

There are many reasons a court might decide that grandparents should have custody of their grandchildren. According to FindLaw, courts sometimes prefer to award custody to grandparents if the parents are not capable of raising the children or if they are abusive. The best interests of the children also play a factor. A court typically considers whether people are physically and financially capable of caring for the children. Sometimes the opinions of the children play a role in determining custody. If children are close to their grandparents, a court might be more likely to award them custody.

Tax reform likely to change divorce settlements

On behalf of Mayer Law Office, LLC posted in family law on Saturday, April 7, 2018.

People who have gotten divorced in Wisconsin know that the financial ramifications of this experience may be long-lasting, especially when taxes are involved. The fact that tax laws can change as well may also play into the uncertainty of just how a particular agreement during a divorce might come to cost one or both spouses dearly in the end. With the announcement of the recently passed tax reform laws, many people are taking a fresh look at how alimony may change once the law goes into effect.

As explained by MarketWatch, historically when a divorced spouse receives money in payment of a spousal support award, they would be required to claim that money as income on their federal tax return. The person who paid the spousal support would, in turn, deduct the amount of money paid from their overall taxable income. This is the basis on which tax responsibilities associated with alimony payments would be considered by parties during their divorce settlement negotiations.

How can an assault charge affect you in daily life?

On behalf of Mayer Law Office, LLC posted in criminal defense on Wednesday, March 28, 2018.

Wisconsin residents like you who are facing accusations of assault, battery, or abuse may feel like you need strong guidance during these difficult times. Mayer Law Office, LLC, is here to provide that guidance and help lessen your struggle.

Accusations of abuse and assault aren't to be taken lightly. Naturally, there are the legal repercussions that you need to worry about. Being convicted of an assault and battery charge could make it difficult for you to find a job or even rent a home in the future.