Kowalski Family Law

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How is child support calculated in Wisconsin? When it comes to the percentage of a parent’s gross income that will contribute to child support payments, the state’s standard formula is as follows: 1 child 17% 2 children 25%  3 children 29% 4 children 31%  5 or more 34% There are several guidelines that may be utilized when determining child support in Wisconsin. The guideline used is dependent on the amount of time spent with the…
Serving a military member stationed overseas with Wisconsin divorce or other family court papers must be handled carefully. Service must comply with United States federal and state court procedures. It is also wise to review service requirements or restrictions of the foreign country. For example, unlike the United States, some countries may restrict who can actually serve legal papers. Violation of such rules could even result in criminal charges in the host country. If the…
What is the difference between a prenuptial agreement and postnuptial agreement? The two are almost identical. A prenuptial agreement is made before you get married, while a postnuptial agreement is made after you get married. Both are agreements that determine how financial assets would be divided in the event of a divorce.  There is no point in signing a prenuptial or postnuptial agreement that is not carefully drafted to comply with requirements for enforcement. For…
The last blog discussed general concepts to serve divorce or paternity documents on Wisconsin servicemembers. This blog will address specifics for each branch of the military. ARMY The Army will assist county sheriffs to serve members with legal papers, as long as the member is stationed, resides, or employed at the base. The first point of contact for assistance should be the military police office on base. AIR FORCE The Air Force will assist the…
If you are seeking divorce from an abusive spouse, it is crucial to be aware of steps you can take in order to protect yourself. Sometimes, even if your spouse has never exhibited aggressive behavior, a divorce could cause them to snap. From guarding important documents to obtaining the guidance of a family law attorney, here are some tips on how to protect yourself during or after the divorce process.   Link to Article The post…
No legal case can validly proceed unless the responding party has been properly served with the relevant documents. In a paternity case, this would be the petition for paternity. In divorce, the petition for divorce. A previously blog provided some advice on locating servicemembers to serve papers. Once the member’s location is known, however, s/he must be formally served with the petition. Certain military rules may make this process difficult. The simplest means of service…
What are your visitation rights as a grandparent in Wisconsin? Certain criteria must be present in order for visitation rights to be granted. Such criteria includes the determination that the grandparent would not interfere with decisions pertaining to the child’s physical, emotional, educational or spiritual wellbeing. Another factor that must be present is proof that the grandparent has aimed to maintain a relationship with the child, but the parent has prevented the grandparent from doing…
January is often labeled “Divorce Month.” After spouses spend an extended amount of time in close quarters during the holiday season, clashing often occurs. Another reason why January often sees an uptick in initiations of the divorce process is the fact that many aim to start fresh during the new year. Due to a combination of both of these factors, family lawyers experience an uptick in divorce related inquiries during the month of January, with…
The National Domestic Violence Hotline presents startling statistics about the existence and reality of domestic violence in the United States. One such statistic is that “On average, more than 1 in 3 women and 1 in 4 men in the United States will experience rape, physical violence, and/or stalking by an intimate partner.” The prevalence of domestic violence in the United States has only been exacerbated by the ongoing pandemic. The United Nations has labeled…
Each divorce case must begin with filing and service of the divorce petition on a spouse. This is generally not a problem, since most spouses know where to find each other. However, civilian spouses of servicemembers may not know the member’s exact location, particularly if the couple has been separated for some time. The civilian spouse does have some options in this case. You must have the servicemember’s name, social security number, and rank available.…