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Can I Relocate With My Children After a Wisconsin Divorce?

Posted on October 19, 2020 in Family Law

Milwaukee, WI divorce attorney for parental relocation By Attorney Max Stephenson

It may seem odd that the decision to move to a new location could belong to anyone other than yourself, but the fact is that after a divorce involving minor children, this is often the case. As frustrating as this may be, your relocation can affect not only your own life, but also your children’s other parent, and perhaps most importantly, your children. This does not mean that you can never move after your divorce, but it does mean that you will sometimes require legal approval to do so.

When Does Relocation Require Court Permission in Wisconsin?

Moving is a necessary part of almost any divorce, since at least one partner will have to find a new home after the separation. In Wisconsin, moves to a location within 100 miles of the other parent’s residence typically require no special approval. However, if you are planning to move 100 miles or more, you will need to follow the necessary procedures, which include:

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Should We Include Virtual Visitation In Our Wisconsin Custody Agreement?

Posted on September 29, 2020 in Family Law

Milwaukee child custody lawyer for virtual visitation By Attorney Max Stephenson

If you are a divorced or single parent, you likely know the importance of outlining when and where your child will physically reside in your parenting agreement. Virtual visitation via electronic communication is perhaps a lesser-known component of a parenting agreement, but it can be a great option for children and parents for whom physical visitation is not always possible.

When Is Virtual Visitation a Good Idea?

Virtual visitation can occur via phone, video chat, text, email, or any other electronic means, and it can be useful in a variety of situations to allow children to regularly communicate and maintain relationships with their parents. Some examples of when you might consider virtual visitation include:

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How Can I Make Sure My Wisconsin Prenuptial Agreement Is Valid?

Posted on September 23, 2020 in Family Law

Milwaukee, WI prenup attorney By Attorney Max Stephenson

Whether you are getting married for the first time or remarrying after a divorce, a prenuptial agreement can help you and your partner enter your marriage with a clear understanding of each other’s needs and interests regarding marital and non-marital property. Getting a prenuptial agreement does not mean that you believe a divorce is inevitable, but it is important that you go about the process of creating an agreement correctly to make sure that it is valid and enforceable if you do decide to divorce later on.

Creating an Enforceable Prenuptial Agreement in Wisconsin

In most cases, the terms of a prenuptial agreement will be honored during the divorce process. However, actions during the process of creating the agreement may make some or all of a prenup’s terms unenforceable. If you want to ensure that your prenuptial agreement is legally valid, you should:

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How Can Unmarried Fathers Establish Paternity in Wisconsin?

Posted on August 31, 2020 in Family Law

Milwaukee paternity lawyer for fathers’ rights By Attorney Max Stephenson

Establishing legal paternity is often a goal for unmarried mothers who want to ensure that their child’s father contributes to the child’s financial needs and well-being, but it can be just as important for unmarried fathers who want to secure the rights to be a part of their child’s life. If you are an unmarried father seeking legal paternity, a family law attorney can guide you through the process.

What Are the Benefits of Establishing Paternity?

Establishing legal paternity is often crucial for children because it allows them to receive support from both parents in the form of child support payments, health insurance coverage, access to family medical history, Social Security benefits, inheritances, and more. For fathers, legal paternity means they can pursue custody and visitation, contribute to parenting plan agreements, and be notified if a child’s mother wishes to place him or her for adoption.

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When Can a Wisconsin Child Support Order Be Modified?

Posted on February 19, 2020 in Family Law

Milwaukee child support modification attorneys By Attorney Max Stephenson

When you get a divorce with children under the age of 18, you and your spouse must address a wide variety of issues related to your children, including determining the amount of child support that each of you will be obligated to pay to provide for your children’s needs. Although a child support order will typically remain in effect until the child reaches the age of 18 (or 19 if the child is pursuing an accredited course of education leading to the acquisition of a high school diploma or its equivalent), you may be able to adjust your child support obligations under certain circumstances.

The Child Support Percentage of Income Standard

According to Wisconsin Administrative Code DCF 150.03, child support is determined by calculating a certain percentage of the payor’s income. The court will first determine the parent’s monthly income available for child support, which may be based on their actual annual gross income, imputed income based on earning capacity, or income imputed based on the assets they own. The percentage of this income that will go toward child support will be based on the number of children. For example, an obligor parent with two children will be required to pay 25% of his or her income in child support, whereas an obligor with three children must pay 29%. Parents may also be required to pay for additional child-related “variable” expenses, including health insurance, educational costs, and extracurricular activities.

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