Kowalski Family Law Blog

Latest from Kowalski Family Law Blog

A new statute has established that a paternity adjudication may not always be in the best interest of the child, even if genetic testing has already occurred. As noted in our January 2015 blog (found here: https://kwvfamilylaw.com/wisconsin-paternity-update/), Wis. Stat. §767.863(1m) provides, “In an action to establish the paternity of a child who was born to a woman while she was married, if a male other than the woman’s husband alleges that he, not the…
On March 22, 2020, the Wisconsin Supreme Court temporarily suspended in-person proceedings. Now, a year and a half later, it has become clear that Zoom proceedings are likely here to stay in at least some sort of capacity. When you are not actually in the courtroom itself, it can be easy to forget that all of the same formalities still apply. Here are a few tips for client’s regarding Zoom etiquette: Practice, practice, practice! If…
Wisconsin state statute 944.16 classifies adultery as a Class I felony. However, this law is not typically utilized. It conflicts with other statements in Wisconsin law, such as the fact that Wisconsin is a no-fault divorce state. Wisconsin law additionally states, , “Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage.” If you…
In order to calculate the support obligation, the court must first determine a parent’s monthly income available for support. According to Administrative Rule DCF 150, the monthly income available for support is based on the parent’s gross monthly income, from all sources including: wages, salaries, earnings, tips, interest, capital gains, commissions, and bonuses, worker’s compensation or other personal injury awards intended to replace income, unemployment insurance, income continuation benefits and Social Security Disability Income (SSDI)…
In Wisconsin, you may file two different types of orders/injunctions: harassment, or domestic abuse. There are numerous differences between the two charges. However, the largest difference between a harassment injunction and a domestic violence injunction is the individual who is being accused. If the individual does not live in your home and they are not a family member, then you must consult with an attorney about filing a harassment injunction. If the individual lives with…
When you are going through a divorce, it is important to ensure you are protected online. Some things to consider include: -Do you have any apps that can show your whereabouts or transactions? Accounts such as Venmo for example, should be made private. -Make sure your information is no longer accessible to them through shared accounts such as Apple accounts, or Google accounts. -Change your passwords for applications/accounts that contain private information. For more internet…
How does Wisconsin law define “legal custody”? If you have legal custody of your child in Wisconsin, this means you have the authority to make major decisions on their behalf. According to Wisconsin law, major decisions include “decisions regarding consent to marry, consent to enter military service, consent to obtain a motor vehicle operator’s license, authorization for nonemergency health care and choice of school and religion.” If you are maneuvering custody issues in Wisconsin, or…
Divorce is not only hard on you, but it is also hard on your children. To ensure maximal wellbeing of your children post-divorce, it is important to employ a successful co-parenting strategy. Successful co-parenting will ensure your child feels secure, and gives them a healthy example to follow. View a wealth of information about co-parenting post-divorce here.  The post Successful Co-Parenting appeared first on Kowalski Family Law.…
What should you do if you and your co-parent disagree on whether or not your child should be vaccinated? First, you should talk to a trusted pediatrician with your co-parent. If you take all the necessary avenues and your co-parent still holds a belief you do not believe is in the child’s best interest, then you may need to involve a lawyer. If you need zealous and experienced guidance throughout your family law case, contact…
What is the difference between a contested divorce and an uncontested divorce? In an uncontested divorce, both spouses agree on all of the terms. These terms include the division of assets, alimony, child placement, etc. In a contested divorce, there are disagreements between the spouses about some or all of the divorce terms. These disagreements may be resolved through mediation, or through litigation. For experienced guidance throughout your contested or uncontested divorce case, contact our…