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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP

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Phone414-271-1440

Milwaukee WI parent child relocation attorneyIf you are a divorced parent, moving will likely be more complicated than finding a new home and packing up a moving van. That is because there are certain laws that apply when a divorced parent wants to move with their children to a new location.

In Wisconsin, the parental relocation laws were updated in April 2018. The new law provides that if both parents are granted any period of physical placement with a child, and one parent seeks to move with the child at least 100 miles away from the other parent, then the relocating parent must request permission for the move with the court.

The request to the court must include the following information: 

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Wisconsin high asset divorce attorneyProperty division is a component of any divorce, and in a high net worth divorce, this issue can be complex and hotly contested. Such divorces may require the assistance of forensic accountants to review voluminous financial documents and tax specialists to determine the tax costs and implications of dividing or transferring ownership of property.

Dividing Large and Complex Assets

It is usually accepted that a high net worth divorce involves liquid assets totaling more than $1 million. Those who fit this description often have a variety of businesses and accounts that have been created in order to take advantage of tax laws as well as to diversify assets.

In all cases of asset division, an attorney will first seek to identify what property is part of the marital estate. In Wisconsin, any property acquired or income earned by either spouse during the marriage is considered community property. 

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Milwaukee wills and estates attorneyAn estate may be contested when an interested party (such as one of the beneficiaries) objects to using the will to distribute an estate, in whole or in part. Such objections can lead to significant delays in distributing the property to heirs, so it is important that parties to such contests be represented by qualified legal counsel who can move the process along in a timely fashion.

Because the testator (the person who made the will) is dead during the probate process, proving what he or she intended at the time the will was signed can be difficult, although not impossible.

Common Challenges Made in Probate Court

Estate administration is complex, because no two wills and no two estates are alike. There are, however, common issues that are raised in probate court related to contesting a will. These include:

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Milwaukee business contract lawyerA business is only as strong as the contracts it enters. There are many ways that a business contract can be detrimental to a company: it can favor the other side, it can be unclear from a legal perspective, it can be vague, and it can leave out key terms. Many business owners fall victim to using a template contract found online that is not properly tailored to the parties and their unique situation.

On the other hand, a well-crafted contract can be an important asset to a business, giving the business stability. It should be noted that there are many ways a business contract can be poorly constructed, and those business owners looking to enter into a contract should be aware of these areas. Contract issues that commonly affect business owners include:

  • Too much legalese. If you do not understand the terms of the contract because legal jargon is used, this does not mean the contract is a good one. A good contract should be readable and understood by the parties. There may be a term or two that will need to be explained to you by a lawyer, but on the whole, a good contract should be understandable.
  • Lack of specificity. A contract has the same effect between the parties as law. Thus, it should be clear what each party’s obligations are. Any detail known should be included. For example, if payment is to be mailed to a party, the address for the party should be written out in the contract. The entire agreement should be reduced to writing. It is dangerous for the agreement to be partially in writing and partially verbal.  
  • Failure to address the contract’s termination. All contracts will come to an end, so the contract should contemplate how that will be done and under what circumstances.
  • Omitted litigation provisions. Most contracts should include an agreement on what law will govern any disputes arising between the parties, and if a party will be liable for attorney’s fees and court costs in the event of a contractual breach.

A Milwaukee, WI Commercial Contract Lawyer Can Help

If you are considering signing a business contract, you should have an attorney on your side. The qualified Milwaukee, WI business contract attorneys at our firm will use our years of experience in representing businesses when reviewing your contracts and ensuring that they meet your business objectives. 

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Milwaukee, WI child support divorce attorneyDetermining child support is an important component of the divorce process for couples who have children. Child support is seen by the courts as a way to protect children from the economic instability that could come from divorce.

Child support should be used to meet all of the child’s needs, such as housing, food, transportation, and medical care. It should also be used for items that may not be necessities but are things that the child became accustomed to during the marriage, such as camps and extracurricular activities.

If you are in a situation in which one parent has the children less than 25 percent of the overnight stays each year, then that parent will be the paying parent, and his or her income will be used. Child support will be calculated based on the following percentages of the paying parent’s gross income:

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Milwaukee winter car accident injury lawyerLearning to drive in Wisconsin’s winter weather is a skill unto itself. Snow, ice, and freezing temperatures all increase the difficulty level of driving and, unfortunately, they also increase the chances of a car accident

Anyone getting behind the wheel this winter should familiarize themselves with the following tips in order to keep the roadways safe for everyone:

1. Use the Right Equipment

Winter tires are recommended in temperatures less than 44 degrees. Many people operate under the false notion that all-season tires are able to adequately handle winter driving. However, the rubber compound in all-season tires begins to freeze when temperatures go below 44 degrees. This means that such tires will be less effective at gripping the road. If you do not have winter tires, proceed with caution and the understanding that your car may not be able to handle all winter road conditions.

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Posted on in Divorce

Milwaukee, WI divorce decree modification attorneyAs the saying goes, the only thing that is constant is change. While your initial divorce decree may have worked for you and your family at the time, these orders may need to be updated throughout the years, and it is important for divorced spouses to understand the processes that must be followed when making post-divorce modifications.

People may seek changes to child custody, child support, and spousal maintenance orders. Circumstances leading to a change in child custody orders include:

  • Parent relocation
  • A parent re-marrying and/or the addition of half-siblings or step-siblings
  • Changes in children’s schools
  • Changes in children’s extracurricular activities
  • The emergence of a child’s medical condition

Alimony and child support modifications may be granted if there has been a change in the payor’s income. Child support modifications may also be granted if the child requires more or less support or if changes to child custody arrangements have increased or decreased the amount of time a child spends with a parent. 

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Milwaukee embezzlement defense lawyer white collar crimeBy Ray Dall’Osto and Brianna Meyer

If you pay attention to the news, you will often see stories about an employee being charged with embezzlement. A common embezzlement fact pattern involves an office manager or bookkeeper who is accused of diverting their employer’s money to his personal account, often in small increments over a long period of time, or charging and purchasing personal items using the employer’s credit. Another situation involves a company officer, attorney, or trustee who diverts funds they are entrusted with for their personal use or for another, without the company’s or client’s knowledge and permission.  

By the time the employer or entity detects possible impropriety and embezzlement, thousands to millions of dollars will have gone unaccounted for. A 2017 study of embezzlement cases nationally found the median loss to be at $300,000 and the average loss over $1 million.

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Posted on in Employment Law

Milwaukee employment law attorney employer employee disputeWhether you are an employer or employee, you have rights under state and federal law, and you may also have rights which were contractually established in your specific situation. Here are four types of disputes that often arise in the area of employment law:

1. Wrongful Termination Allegations

Wrongful termination cases can be some of the most difficult and emotionally-charged employment law disputes. These cases often put an employee’s work on trial. It should be noted that Wisconsin is an at-will employment state, meaning that an employer may terminate any employee for any reason so long as there is no contract in place and so long as the employer does not violate certain discrimination and retaliation laws.

2. Wage Disputes

This type of lawsuit arises when an employer is accused of not properly compensating a worker for their time on the job. This can include not paying workers for overtime or earned tips or not allowing regular paid breaks. Employers must also pay workers minimum wages. The current Wisconsin and federal minimum wage is $7.25 per hour. 

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Milwaukee alimony and divorce lawyerDivorce is common in the United States, and every day, people choose to end their marriages for a variety of reasons. However, many people choose to say married for financial reasons. When two people have merged their lives, one spouse may become financially dependent on the other, and in these cases, the dependent person may believe that he or she has no option other than to stay in the marriage despite wanting a divorce.

In this scenario, Wisconsin courts will entertain a request for spousal maintenance, which is commonly referred to as alimony. A spouse may seek spousal maintenance regardless of how the marriage ended.

It is important to keep in mind the purpose of alimony. Spousal maintenance is not meant to punish a party. Rather, it is meant to support one spouse and allow them to maintain the standard of living they were accustomed to during the marriage. 

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