There are a variety of issues that will need to be addressed during a couple’s divorce, and in cases where married spouses have children together, they will need to determine how child custody will be handled going forward. Couples are encouraged to work together to reach agreements on these matters, but they may encounter disagreements over a variety of issues related to how their children will be raised or how they will share physical placement. In these situations, each parent may submit a proposed parenting plan. By looking at the differences between the parents’ proposals, a court may be able to help resolve disputes and find solutions that will work for all parties involved. In these situations, parents will need to understand the issues that a proposed parenting plan will address.

Details Addressed in a Proposed Parenting Plan

If a couple will be participating in divorce mediation, each party will be required to submit a proposed parenting plan to the mediator at least 10 days before their first mediation session. If spouses are unable to reach an agreement through mediation, or if the court waives their mediation requirements, the parents will be required to submit proposed parenting plans to the court. These submissions must be made within 60 days after the mediator informs the court that the couple could not reach an agreement or after the date the mediation requirement was waived. If a parent does not submit a proposed plan, they will not be able to contest the plan submitted by the other parent.

A proposed parenting plan will address the following:

By: Attorney Jaclyn Kallie

Even though nursing homes can provide essential care for elderly people, many families are understandably hesitant to place their loved ones in a situation where they may be at risk of harm. Stories about nursing home abuse often appear in the news, and families may worry that a person will be at risk of physical violence, verbal abuse, or even sexual assault. While these issues are a serious concern, families will also want to be aware of the possibility that a nursing home resident may experience neglect, potentially causing them to suffer serious personal injuries and adverse health conditions.

Injuries That May Occur Because of Negligence by Nursing Home Staff Members

Nursing home neglect differs from nursing home abuse in that it usually is not purposely committed by staff members with the intent of causing harm to a patient. Instead, it typically occurs because a nursing home is understaffed. Many facilities struggle to maintain the proper staffing levels and ensure that they have medical personnel and other providers available at all times to meet the needs of residents. Even if a nursing home does have adequate staffing, there are many situations where staff members may not have been fully trained in the appropriate forms of care and the procedures that must be followed.

By: Attorney Nicole Masnica and Paralegal Rachel Sweet

When law enforcement officials perform investigations into criminal activity, they will often “follow the money.” If a person is found in possession of significant amounts of cash, makes large deposits into a bank account, or otherwise receives large sums of money without a good explanation, this may be seen as an indication that they have engaged in crimes such as drug trafficking. At the same time, it is illegal to take measures to conceal the source of money that was obtained illegally, and there are a variety of actions that may lead to money laundering charges. These charges may be pursued at either the state or the federal level, and those who are charged with this type of offense will need to understand the specific laws that address money laundering.

Money Laundering Offenses in Wisconsin

Wis. Stat. § 943.895 details offenses related to money laundering and the potential penalties for a conviction. These charges may apply if a person:

By: Attorney Chris Strohbehn

The State of Wisconsin has a high volume of trucks traveling its roads and highways every day. The size and weight of these trucks can often result in devastating accidents for other vehicles, bicyclists, or pedestrians involved in a crash. In recent years in Wisconsin, there has been an average of over 7,500 large truck crashes per year. These crashes resulted in an annual average of over 2,000 injuries and 70 deaths. Even minor collisions with trucks can result in personal injuries, leading to medical bills, time off of work, and pain and suffering.

The trucking industry and the drivers they employ must follow strict state and federal regulations for both the overall condition and the operation of their trucks to protect other vehicles on the roads. However, with the increased emphasis on just-in-time deliveries, violations can occur. Each truck accident can have multiple parties who may ultimately bear responsibility for the accident, including the truck driver, the carrier, or the warehouse that loaded the truck.

By: Attorney Max Stephenson

Getting a divorce will affect the finances of both parties in multiple ways. Spouses will usually need to make significant changes to their living arrangements, lifestyles, and other aspects of their lives as they determine how they will be able to cover their ongoing expenses on a single income rather than sharing two incomes. While these adjustments may be difficult but necessary when both spouses earn similar incomes, there are some cases where one party may struggle to address their ongoing needs. If one spouse was a family’s primary income earner, the other spouse may need assistance as they establish a new life for themselves and determine how to cover their living expenses. In these cases, spousal maintenance (also known as alimony or spousal support) may be appropriate, and spouses will need to understand how the amount of support will be determined and how long payments may last.

Determining the Amount and Duration of Spousal Maintenance

There are multiple factors that may be considered when determining whether spousal support will be needed during and/or after a couple’s divorce. These factors may also help determine the amount that should be paid, and the length of time that payments will last. Relevant issues that may be considered during the divorce process include:

By: Attorney Chris Strohbehn 

Motorcyclists contend with many safety challenges. Driving in the open air among trucks, passenger-sized vehicles, and fellow motorcyclists can be precarious. Additionally, motorcyclists are vulnerable to fluctuations in weather, visibility, and road pavement, such as potholes. On average, motorcyclists are 29 times more likely to die in an accident than those in a passenger vehicle. Of the 2,104 motorcycle crashes in Wisconsin during 2020, there were 112 fatalities.

Families of those who have perished in a motorcycle accident may bring a wrongful death claim for monetary compensation (“damages”). Awarded damages are for the loss of potential income from the deceased as well as medical and funeral expenses for the deceased. Emotional trauma incurred from the catastrophic event is also taken into account when awarding damages. The statute of limitations for wrongful death lawsuits resulting from a motor vehicle in the state of Wisconsin is two years after the accident occurs. So, there are crucial time constraints to consider.

By:  Attorney Nicole Masnica

All criminal charges should be taken seriously, since a conviction can result in multiple types of penalties, including prison sentences, probation, fines, or the loss of a professional license. Accusations involving sex crimes can be especially worrisome, since, in addition to other criminal penalties, a person who is convicted may be required to register as a sex offender. This can impact multiple parts of a person’s life and cause permanent damage to their reputation, their ability to find a job, and their relationships with family members, friends, and others in their community.

Requirements and Restrictions for People on the Sex Offender Registry

Generally, anyone who is convicted of a sexual offense will be required to register as a sex offender. This requirement will also apply to minors who are adjudicated delinquent based on sexual offenses, those who were found not guilty of sexual offenses based on mental illnesses, and residents of Wisconsin who were convicted of sex crimes in other states or jurisdictions.

Marsy’s Law is an initiative meant to protect crime victims' rights. This is a national proposal that has already been adopted in a handful of states, including Ohio. It has also been rejected in others, including Idaho and Maine. However, some legal scholars are concerned about the impact Marsy’s Law could have on the constitutional rights of criminal defendants. 

What Does Marsy’s Law Provide?

Some provisions in Marsy’s Law are a bit vague. In general, the law is designed to protect victims who have reported a crime against them as they participate in the criminal justice process. Provisions include: 

• Victims have the right to be treated with “dignity, respect, courtesy, sensitivity, and fairness.”

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By: Attorney Chris Strohbehn and Paralegal Ruth Campos

Those who are involved in car accidents are likely to experience a number of different types of difficulties. In high-speed collisions or other serious cases, emergency medical treatment may be needed, and a victim may receive multiple forms of ongoing care. Even in seemingly minor collisions, a person’s vehicle is likely to be damaged, requiring expensive repairs. In many cases, car accident victims will be covered by the insurance policy of the driver who was at fault for the collision. However, if a driver did not have the required insurance coverage, this may leave victims unsure about their options and uncertain about how they will address their financial expenses and other ways they have been affected.

Uninsured and Underinsured Motorist Coverage

In situations where an at-fault driver is uninsured, others involved in an accident will usually be able to receive coverage under their own auto insurance policy. Wisconsin law requires liability insurance policies to include uninsured motorist coverage. The minimum limits for this coverage are the same as the minimum limits for liability insurance: $25,000 for the bodily injury or death per person, $50,000 for the bodily injury or death per accident, and $1,000 of medical payments coverage per person.

During the first few months of each year, as April 15th looms, many people are concerned about the requirements for filing their annual federal and state income tax returns. The tax filing process can be stressful, and many taxpayers may be worried about whether they will owe taxes or whether they may face penalties if they provide the wrong information to the Internal Revenue Service (IRS). Unfortunately, this provides scammers with the opportunity to target people and attempt to steal their money or personal information. Those who have been affected by these types of scams can consult with an attorney who understands legal issues related to cybersecurity.

Common Tax-Related Scams

Scammers may use a number of different methods of contacting people, convincing them that they owe money, or asking them to disclose personal information that may be used to commit identity theft. These methods include:

• Unsolicited phone calls - Scammers may call people claiming to be from the IRS and demanding payment for taxes or penalties. These calls can often be threatening, and a scammer may claim that a person will be arrested, their bank accounts seized, their driver’s license will be revoked, or they will face other consequences. It is important to understand that the IRS does not make unsolicited phone calls to taxpayers.  The IRS typically contact people by mail first before using any other methods. The IRS also does not accept payments through gift cards, prepaid credit cards, wire transfers, or cash sent through the mail.

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