By Attorney Max Stephenson and Paralegal Courtney Hess

In a Wisconsin divorce, spousal maintenance or alimony is sometimes ordered to provide support for a spouse who is likely to have difficulty providing for themself without their former partner’s income, perhaps due to their health, childcare responsibilities, or lack of education and work experience. When maintenance is ordered, the paying spouse has an important legal responsibility to make the payments on time and in the full amount. However, they should also be aware of other obligations that are likely to be included in the court order.

How Is Spousal Support Paid in Wisconsin?

Typically, rather than making payments directly to their former spouse, the paying party in a maintenance order will be required to make payments to the Wisconsin Department of Children and Families (DCF) or a party designated by DCF. The recipient of the payments is responsible for ensuring that they are disbursed appropriately to the receiving party. Failure to make full, on-time payments to DCF or their designee can result in enforcement proceedings against the paying spouse.

By Attorney Cameron Weitzner and Paralegal Rachel Sweet

Operating while intoxicated (OWI) is a serious criminal offense, regardless of whether you have a prior history of convictions. Consequences of an OWI conviction include fines, driver’s license revocation, and a lasting criminal record, even for first-time offenders. However, the consequences can become much more severe if you are facing OWI charges a second, third, or subsequent time. If you are arrested for OWI with a previous conviction on your record, it is crucial that you hire an attorney who can help you avoid the full extent of the penalties you may face.

Second OWI Offense Penalties Depend on the Timeframe

In Wisconsin, if your second alleged OWI offense comes more than 10 years after your first conviction, the potential penalties will likely be the same as if you had no prior conviction. Namely, you may face a fine of up to $300, a $435 OWI surcharge, and revocation of your driver’s license for up to nine months, but you are unlikely to be sentenced to any period of confinement or imprisonment. However, if the second offense comes within 10 years of the first, the possible penalties become more substantial. Fines can increase to up to $1,100, the license revocation period can increase to up to 18 months, and the sentence can include up to six months in prison.

By Attorney Chris Strohbehn

If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business?

Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the file or further investigation that it may not cover some or all the claims against you or your business in a lawsuit. 

Recovering fair compensation for car accident injuries is often challenging, as negligent drivers may attempt to deny their fault, and insurance companies may seek to keep payouts to a minimum. Hit-and-run accidents add another layer to these challenges, making it difficult to know whom you can even file a claim against. However, with the help of a personal injury attorney, you can better understand your options and determine the course of action that is most likely to lead to a favorable result.

Identify the At-Fault Driver

One option for recovering compensation after a hit-and-run accident is to work with law enforcement and your attorney to investigate, identify, and locate the driver who fled the scene. You should be sure to call the police as soon as possible after the crash and give them any information you can that may help them find the driver, including a description of the vehicle or the driver’s appearance, the direction in which you saw them leave, and anything you can remember of a license plate number. Your attorney can also help you collect statements from witnesses and determine whether the driver may have been caught on camera.

Leaving the scene of an accident, especially one resulting in injury, without stopping to assist and identify oneself is a criminal offense in Wisconsin, so law enforcement is often motivated to find the offender and make an arrest. Once the driver is identified, your attorney can help you file a personal injury claim for economic and non-economic damages. In some cases, a hit-and-run offense could also justify punitive damages.

By Attorney Max Stephenson and Paralegal Courtney Hess

When a couple with children chooses to get a divorce in Wisconsin, one of the most important issues that must be resolved is the children’s custody and physical placement. Physical placement decisions are often complicated and emotionally charged, and they require the consideration of many different factors, including the children’s needs and best interests, the wishes of the children and parents, and the effects on relationships between parents and children.

Extensive discussions or a contested battle in court are sometimes needed to reach a decision on these matters, and once a child custody order has been issued, it can be incredibly frustrating and distressing when your former spouse fails to follow its terms. You should know that if you find yourself in such a situation, you can take legal action to enforce the order and ensure that you have the time with your children to which you are entitled.

By Attorney Erin Strohbehn

If you have recently lost a loved one and expect to inherit from his or her estate, you will most likely be impacted by the process of probate, during which the estate is settled and assets are distributed to the deceased’s heirs and beneficiaries. One of the most important figures during the probate process is the estate personal representative or executor. Many estate representatives are motivated to perform their duties to the best of their abilities, but some are not so capable. If you believe that your loved one’s estate representative is not suited for his or her role, you may be able to take legal action to have that person removed and replaced.

What Are the Duties of a Personal Representative in Wisconsin?

Typically, a personal representative is named in the deceased’s will or appointed by the probate court according to state law. An estate representative has significant authority to manage a person’s property after his or her death, along with important responsibilities to settle any claims against the estate by creditors and to distribute the remaining assets to the appropriate heirs according to the decedent’s will or intestate succession laws. The personal representative is also responsible for keeping interested parties informed throughout the probate process.

By Attorney Cameron Weitzner and Paralegal Rachel Sweet

A large portion of drug-related arrests and convictions in Wisconsin involve the crime of drug possession. The penalties for a first offense of possession of a controlled substance are relatively minor, typically including a fine between $1,000 and $5,000 and jail time of six months to one year, depending on the type of drug. However, under certain circumstances, an arrest for drug possession could result in more serious consequences, particularly if there is evidence of possessing the drug for something other than one’s personal use. When you are facing felony drug charges, an attorney can help you protect your rights.

What Qualifies as Possession With Intent to Distribute or Manufacture?

Unlike simple possession, the crime of possession with intent to manufacture, distribute, or deliver a controlled substance is always considered at least a Class I felony in Wisconsin, meaning that a conviction can result in a sentence of up to 42 months in prison and a fine of up to $10,000. However, the penalties can greatly increase in severity based on the schedule or type of substance and the amount possessed. The most serious crimes of this nature, involving large amounts of heroin, cocaine, or methamphetamine, are charged as Class C felonies with fines up to $100,000 and up to 40 years of imprisonment.

Tailgating, or following another vehicle at an unsafe distance, has been an unfortunately common occurrence on the road for decades. Whether it is due to a driver’s inexperience, carelessness, or aggressive behavior, the results can be dangerous, especially when it is coupled with other risky actions. If you have been injured in a car accident involving tailgating, an attorney can help you recover full compensation for your injuries and damages.

The Dangers of Following Too Closely

Perhaps the most obvious risk of following another vehicle too closely is the potential for causing a rear-end collision. Cars traveling at high speeds can take several seconds and hundreds of feet to come to a complete stop even in ideal conditions, and tailgating reduces the time that a driver has to stop before a collision becomes likely. Following too closely becomes even more dangerous when combined with certain other factors, including:

• Distracted driving - Checking a phone, adjusting vehicle controls, or attending to people and objects inside and outside of the vehicle can significantly delay a driver’s reaction time when it is necessary to slow down or stop. When a distracted driver is already tailgating, they will have even less time to adjust to avoid a crash.
• Inclement weather - Weather conditions like rain, snow, and fog that decrease visibility and traction on the road’s surface typically require drivers to leave even more space between vehicles, because safely reacting and braking can take longer. What may be a safe distance in normal weather could essentially become tailgating in adverse conditions.
• Heavy traffic - Tailgating tends to become more common when roads become more congested. In heavy traffic conditions, a tailgating driver not only risks colliding with and injuring the driver in front of them, but also causing a chain reaction accident that affects a number of other people on the road.

Tailgating and Aggressive Driving

According to research from the National Highway Traffic Safety Administration (NHTSA), the AAA Foundation for Traffic Safety, and other sources, tailgating often goes hand in hand with other aggressive driving behaviors, such as speeding, illegal and unsafe lane changes, or attempting to block other drivers from changing lanes. In some cases, a tailgating driver may engage in acts of road rage, which creates an additional risk of harm for other drivers.

By Attorney Russell J. Karnes

When homebuyers and sellers sign a real estate purchase agreement, they enter into a legally binding contract, the terms of which both parties are expected to uphold. Many real estate transactions are completed without issue, but if you find yourself in a situation in which the other party has failed to follow through on the agreement, you may be able to pursue remedies through a lawsuit for breach of contract with the assistance of a real estate litigation attorney.

Examples of Breaches of Real Estate Purchase Contracts

Typically, the most important provisions of a real estate purchase agreement are the agreed-upon purchase price for the home and the closing date, or the date on which the transaction will be finalized. If the seller fails to complete the sale or the buyer fails to complete the purchase by the agreed-upon closing date, they may be in breach of contract. A breach of contract can also be related to other terms of the contract, such as the seller’s agreement to include certain items in the sale or provide a clear property title to the buyer.

By Attorney Max Stephenson and Paralegal Courtney Hess

When a couple decides to get a divorce in Wisconsin, they will need to prepare to divide all of their marital property. For many couples, the marital home is both the most valuable and the most difficult asset to divide. As you face the challenge of dividing your home, you should be aware of your options under Wisconsin law and the potential implications of your decisions.

Concerns About Marital Home Division

In a Wisconsin divorce, all of the following can have significant implications on how a couple’s home is divided: