Once a Wisconsin court establishes a child support order, support payments will be distributed via direct deposit or state-issued debit card. Under Wisconsin law, a parent must support his or her child until the child is 18, or until age 19 if the child is still in high school or a GED program. Thus, child support is a long-term financial arrangement; it is important that parents understand what it covers.
In general, child support covers a wide range of expenses that contribute to a child’s well-being. Those expenses can generally be divided into two categories: basic necessities and secondary necessities. Child support covers expenses in both categories, even if the recipient parent shares some of those expenses, such as housing, with the child. Food, medical care, shelter and clothing are considered basic necessities. Medical expenses include regular costs associated with insurance as well as extraordinary medical expenses such as surgery, deductibles, orthodontics and eyeglasses. Child support may be used to pay for both types of medical expenses.
Child support may also be used for secondary necessities, including child care, educational expenses such as school supplies and tuition, extracurricular activities such as sports and music lessons, transportation and travel for school and extracurricular activities, and basic entertainment. Child support orders may contain specific guidance for sharing the cost of these expenses, but a parent also usually has the option of using child support payments for these secondary necessities.
If a parent has questions about how to use child support payments or about how the other parent is spending child support payments, a family law attorney may be able to provide guidance on Wisconsin child support law. Family law attorneys can also identify appropriate justifications for modifying existing child support orders when the established amount is too low or too high.
Source: Findlaw, “What Does Child Support Cover?“, December 24, 2014
Divorce can be more complex for gay couples
While most married couples in Wisconsin or elsewhere do not assume that their marriages will end in divorce, same-sex married couples are finding that there may be obstacles in obtaining one. As a result, same-sex couples currently divorce only half as often as do heterosexual couples, but that may change as such marriages become more common and as legal barriers get resolved.
Perhaps the biggest pitfall to same-sex divorce occurs when couples are legally married but now reside in a state that does not recognize those marriages. Courts in those states will not grant a divorce for a marriage that under their laws never occurred. One solution would be to try to establish residency in a recognition state in order to qualify for a divorce, but this can be costly and time-consuming. A prenuptial agreement will not legally terminate a marriage, but it can provide for a division of property and help couples move on with their financial lives if they decided to split up.
Another issue can arise when a couple cannot agree to a custody arrangement. When a non-biological parent wants to share custody with a biological parent, problems can arise in the event of a disagreement. The best way to avoid such an issue in the future is for the non-biological parent to legally adopt the child at the time of birth. Even states that do not allow same-sex divorce will be required to recognize the adoption.
Same-sex couples who have questions or concerns about their marital or parental rights may wish to speak with an attorney who has experience in family law. The attorney may be able to give them advice and counsel concerning such matters as divorce and child custody.
Source: CNBC, “Gay couples find divorcing has traps“, Judith Messina, October 16, 2013
Law seeks to improve accuracy of adoptees’ birth dates
Wisconsin readers may be surprised to learn that some parents of adopted children born internationally are given inaccurate birth dates for their children. In some cases, the dates are off by a number of years. Parents with children that are found to be a different age than the date listed on their birth certificates may encounter a host of complications including confusion over which grade to place them in school. As children grow older, conflicting birth dates can create significant problems for adoptees including allegations of identity fraud and issues with school placement.
It can be difficult to resolve the issue because, although there is a state court process in place that will allow a family to request an amended birth date, federal agencies currently do not accept the changes. Adoptive parents can present state courts with educational dental and medical evidence to support the amended dates request, but this leaves the children with conflicting federal and state records.
The Accuracy for Adoptees Act, which is currently awaiting a signature from President Barack Obama, seeks to require federal agencies to accept state-court determined birth dates. The act was introduced into legislation in October and received support from both Republican and Democratic lawmakers. Congress approved the bill just in time for the holiday break.
The process of adopting a child internationally can be very complex as it is subject to state and federal laws and regulations as well as the laws and regulations in the child’s birth country. An attorney with experience in family law may be able to assist prospective adoptive parents to avoid legal entanglements and help ensure a smooth and accurate adoption process.
Source: USA Today, “Law aims to address adoptees’ birth date problems“, Kim Mulford, January 14, 2014
More grandparents have custody of grandchildren than ever before
Many Wisconsin residents may be interested to learn that, according to a report published on Aug. 5, more grandparents have custody of their grandchildren than ever before. Across the nation, the number of children who are in the care of their grandparents has doubled from 2.4 million in 2000 to 4.9 million in 2010.
In some cases, children may often be placed with their grandparents if their biological parents can no longer take care of them. This is because individuals who are responsible with placing children into different homes usually attempt to place the child with relatives or close acquaintances who know the child before resorting to other options. Grandparents are often preferred because, in most cases, they can provide a stable, caring home for the child when the biological parents are simply unable to.
End of the line for Cannon and Carey? Separation fuels rumors
There are many married couples out there that, when rough times become too much to handle, they jump straight to a divorce proceeding. While this is an understandable action to take, sometimes it behooves a spouse who is going through some marital troubles to take a step back and think through what their next course of action should be. In situations like these, legal separation can be a very helpful tool.
In some ways, legal separation is like a divorce. Many of the same issues are at play, and the spouses can talk through some crucial elements of their marriage. However, unlike divorce, legal separation doesn’t actually end the marriage in a legal sense. It gives the two spouses some time apart (even if that is only in namesake) to consider the prospects of permanently ending their marriage and what that would mean for their lives.
Legal separation can still be a complex process, so you need to consult with an attorney before making such a move.
We bring all of this up in light of some rumors surrounding the marriage of Nick Cannon and Mariah Carey. The celebrity couple is apparently going through a tough time, but they have not officially divorced. Cannon recently said that the couple had not been living together for a few months. Whether they filed for legal separation or not is unclear.
They have two children together and would certainly have significant assets to divide during the divorce process, should they ultimately choose to go that route.
Source: Huffington Post, “Nick Cannon Confirms Separation From Wife Mariah Carey,” Lauren Zupkus, Aug. 21, 2014
The prenup question: is a prenup right for you and your spouse?
Imagine that you are your significant other are engaged and your wedding day is only a few months away. You are thinking about talking to your significant other about a prenuptial agreement, but you are afraid of the ramifications — or even what you’re supposed to say. You fear that merely saying the word “prenup” could spell trouble for your marriage before it even begins.
The stigma of prenuptial agreements is very strong, and what many married couples need to realize is that a prenup isn’t anything more than a contract. It doesn’t have to be the be-all-and-end-all of the status of your marriage. In fact, discussing a prenuptial agreement and eventually having one can be good for the marriage.
It creates a platform for the spouses to voice their concerns about certain elements of the marriage, and it could even bring up topics that the spouses never even thought to confront. And then, they can address these issues in the prenup, thus sparing them stress and anger should the issue arise later in the marriage, or, hopefully not, in a divorce.
So should you get a prenup, or should you avoid the topic altogether and hope for the best? It’s entirely up to you, but remember that the contract is meant to protect you and your spouse — not to be a hindrance to your marriage. If you have questions about prenups or if you’re unsure as to what you can put in a prenuptial agreement, consult an experienced family law attorney.
Source: credit.com, “Should You Get a Prenup?,” AJ Smith, Aug. 29, 2014
What is family support in Wisconsin divorce cases?
In Wisconsin, there are three different types of support that may be ordered in a divorce. Like other states, Wisconsin provides for child support and spousal maintenance payments. Unlike many other states, however, Wisconsin law also allows for a third, hybrid type of support called family support.
Family support is a hybrid type of support covering both child support and spousal maintenance components. Unlike child support, which is not deductible by the payor or taxed to the recipient, the payor is able to deduct family support payments. Recipients of family support are also taxed on the payments they receive on their income tax returns.
When someone is in arrears in owed family support, they are assessed interest on the arrears amount at a rate of 1 percent per month on the amount that is equal to or greater than any child support amount that is owed. The amount of interest will continue to accrue until the delinquent amount is paid.
Some people in Wisconsin may benefit by reaching a settlement agreement in which they agree to designate combined child support and maintenance payments together as family support. In some situations, such as when one spouse has significantly more income than the other, doing so may help the payor reduce his or her overall tax liability, allowing for more money to be dedicated to making support payments. In some cases, this can allow people to reduce the overall tax liabilities they may have, increasing the attractiveness of agreeing to family support payments. People who are interested in learning more about the availability of family support in lieu of potentially separate child support and maintenance awards may wish to consult with their family law attorney about designating expected support payments as family support.
Source: Wisconsin Legislature, “767.531 Family support. “, November 25, 2014
Understanding child support: What does it cover?
Once a Wisconsin court establishes a child support order, support payments will be distributed via direct deposit or state-issued debit card. Under Wisconsin law, a parent must support his or her child until the child is 18, or until age 19 if the child is still in high school or a GED program. Thus, child support is a long-term financial arrangement; it is important that parents understand what it covers.
In general, child support covers a wide range of expenses that contribute to a child’s well-being. Those expenses can generally be divided into two categories: basic necessities and secondary necessities. Child support covers expenses in both categories, even if the recipient parent shares some of those expenses, such as housing, with the child. Food, medical care, shelter and clothing are considered basic necessities. Medical expenses include regular costs associated with insurance as well as extraordinary medical expenses such as surgery, deductibles, orthodontics and eyeglasses. Child support may be used to pay for both types of medical expenses.
Child support may also be used for secondary necessities, including child care, educational expenses such as school supplies and tuition, extracurricular activities such as sports and music lessons, transportation and travel for school and extracurricular activities, and basic entertainment. Child support orders may contain specific guidance for sharing the cost of these expenses, but a parent also usually has the option of using child support payments for these secondary necessities.
If a parent has questions about how to use child support payments or about how the other parent is spending child support payments, a family law attorney may be able to provide guidance on Wisconsin child support law. Family law attorneys can also identify appropriate justifications for modifying existing child support orders when the established amount is too low or too high.
Source: Findlaw, “What Does Child Support Cover?“, December 24, 2014
Changing a minor’s name in Wisconsin
Depending on the facts in the case, it may be possible to change a minor’s name to the mother’s maiden name after a divorce. A judge will have to determine that ordering such a change is in the best interest of the child. The court will look at how long the child has had the name and whether the change could cause harm to the child in the future.
While children have typically kept their father’s name in the past, courts do not always side with tradition. If the child has a stronger relationship with the mother than with the father, it may be better to allow the child to use the mother’s maiden name. However, a court may also rule that the child keeps the father’s last name as long as he performs his duties as a parent.
If the mother gets remarried, the child’s stepfather may ask that the entire family take the new father’s last name. It may also be possible for the children to revert back to the mother’s maiden name as part of the adoption process. Regardless of what name the child takes, it does not change child support, visitation or custody rights and obligations previously ordered by the court.
Consulting with a family law attorney may be worthwhile whenever a dispute arises during or after a divorce. It may be possible to get the parents together to resolve issues such as what name the child will take through mediation instead of going to court. However, an attorney may be available to represent a parent in court if necessary.
Source: Findlaw, ‘Changing Your Name After Divorce”, Accessed on Jan. 16, 2015
How alimony payments affect taxes
People who are going through a divorce in Wisconsin might be interested to learn how alimony will affect their taxes. The Internal Revenue Service requires all people who pay or receive alimony to report the payments on their taxes. Recipients of alimony must count the payments as income, and payers of alimony may deduct the payments from their yearly income.
For tax purposes, ex-spouses with an alimony order in their divorce decree must share their Social Security numbers with one another. If an individual fails to provide their ex-spouse with a Social Security number, the IRS may require them to pay a fine of $50. Spouses who are receiving alimony are required to report the full amount of alimony that they are receiving as income on Form 1040.
It is important for divorced people to understand what the IRS considers to be alimony payments. In order to be counted as an income deduction, alimony that is paid must be required by a court order. Voluntary payments and payments that are made to divide marital property are not alimony, according to the IRS. Further, the person who is paying alimony must not share the same household as the recipient, and the payments must be made in the form of cash, checks or money orders.
A person who is going through a divorce and seeking alimony payments might want to speak to a family law attorney. An attorney may be able to represent the lower-earning spouse’s interests at negotiations and court hearings. In some cases, the fact that alimony is deductible can help ameliorate the financial consequences to the payer.
Gay marriage rights upheld nationwide by U.S. Supreme Court
Although a lower court ruling in 2014 recognized same-sex marriages in Wisconsin, the right to marry for same-sex couples declared by the U.S. Supreme Court in its June 2015 decision gives the marriages of Wisconsin same-sex couples legal weight even if they move to another state. This interstate issue was part of the case before the Supreme Court. In Obergefell vs. Hodges, one state had refused to recognize a man as a surviving spouse because he had married his partner in a different state.
Additionally, the Supreme Court considered the question of whether the equal protection and due process guaranteed by the Fourteenth Amendment applied to same-sex marriages. In a 5-4 decision, the justices chose to extend these rights to gay couples. Writing for the majority , Justice Anthony Kennedy acknowledged that marriage had historically been defined as a union of opposite sex partners but conceded that the institution had evolved and changed over the years.
According to an ABC News/Washington Post poll, 61 percent of the people questioned expressed support for gay and lesbian marriage rights. These marriage rights had already existed in various legal definitions in the District of Columbia and 36 states. The other states will now have to recognize same-sex marriages as equal before the law.
Before this decision, gay and lesbian people had sometimes faced challenges to their family law rights. With equal legal protection now legally established, a person could have a clearer legal path toward goals such as marriage, divorce or child adoption. An attorney could advise a person about how to proceed with family law issues such as negotiations to divide property and determine child custody and visitation.
Source: ABC News, “Same-Sex Marriage: These Are The States Affected by SCOTUS Ruling,” June 26, 2015