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Recent Blog Posts
How Can Dissipation of Assets Affect a Wisconsin Divorce?
When spouses in Wisconsin divorce, they will be required to divide their property and assets. However, there are some circumstances in which actions by one spouse will affect a couple's ability to divide their assets fairly. If one spouse has taken actions that reduced the value of the marital estate, this may be considered dissipation of assets. When a spouse claims that the other party has taken these types of improper actions, they may ask for adjustments to be made to how marital property will be divided, ensuring that their financial interests will be protected.
What Counts as Dissipation of Assets?
In general, any use of marital assets for the sole benefit of one spouse outside of the marriage can be considered dissipation of assets. Some common examples of asset dissipation that may need to be addressed during the divorce process include:
How Do Breathalyzers and Field Sobriety Tests Affect OWI Arrests?
If you are stopped on suspicion of drunk driving, the officer will likely ask you to blow into a portable breathalyzer or take field sobriety tests. These tests are used to determine whether you are impaired and whether you should be arrested and charged with drunk driving. If you are arrested, additional tests may be performed to determine whether you were driving under the influence and whether you should be charged with the offense of operating while intoxicated (OWI). Understand the role that these tests play in OWI cases is important, and you will need to be aware of the consequences you may face for refusing to submit to one or more types of tests.
Roadside Breathalyzer Tests
If you are pulled over by a police officer on suspicion of drunk or intoxicated driving, you may be asked to take a breathalyzer test. This portable breathalyzer test may be used to determine whether you are intoxicated by providing an estimate of the amount of alcohol in your system. The legal limit for blood alcohol content (BAC) in Wisconsin is 0.08%. If a breathalyzer indicates that your BAC is above this limit, this will give the officer probable cause to arrest you for OWI.
Can Child Support Be Modified if a Parent Loses Their Job?
The loss of a job is a difficult event for any family to endure. When a person experiences a reduction in their income, they may struggle to meet their own needs, and they may also be unable to make child support payments as required following a divorce or family law case. In cases where a parent who is paying child support loses their job, it is important to determine whether child support payments may be modified and the procedures for doing so.
Child Support Modifications
In Wisconsin, child support is typically calculated using a percentage of the non-custodial parent's income. Following the loss of a job, a person may be unable to meet the obligations that had been put in place based on the income they earned when child support was originally calculated. However, modification of child support is not automatic. A parent will continue to owe child support, as well as interest on any missed payments, and these obligations will not change until a family court judge issues a modified child support order.
The Differences Between Actual and Constructive Drug Possession in Wisconsin
When it comes to drug possession charges in Wisconsin, there are two types of possession that can lead to criminal prosecution: actual possession and constructive possession. The type of possession the prosecution chooses to allege will have an impact on what kind of defenses might be available to the defendant. Today, we will look at the differences between these two types of possession, as well as some possible defenses for each.
Actual Drug Possession
Actual drug possession is just what it sounds like—the drugs are found on the person who is charged with possession. This can be in the form of drugs being found in a person's pocket, purse, or even in their hand. If drugs are found in any of these places, it is going to be very difficult for the defendant to assert any type of defense because it is going to be assumed that they knew the drugs were there and that they intended to use them.
Talking to Children About Divorce - How Much is Enough?
No one said parenting would be easy, but no one said it would be this hard either. You never thought that you would be sitting your kids down to tell them that you and their other parent are getting a divorce. It is a tough conversation to have, but it is important to remember that you do not have to share all the details with your children. They just need to know enough to understand what is going on. Here are some tips on how to have this difficult but necessary conversation.
Tips for Controlling the Conversation
The conversation with your kids about your divorce is going to be tough—there is no question about it. It is important to understand, however, that children are often aware that there are big problems even if you have not talked about your concerns in front of them.
If you and your spouse have decided to end your marriage, the best thing you can do is schedule a time that you both can sit down with your children and talk to them directly. When you do so, keep the following in mind:
A Short Overview of Miranda Rights in Wisconsin Criminal Cases
In 1966, the U.S. Supreme Court issued a ruling in the case of Miranda v. Arizona that set forth certain constitutional rights that must be read to criminal suspects who are in police custody and are going to be interrogated. These rights, commonly referred to as "Miranda rights," come from the Fifth and Sixth Amendments to the U.S. Constitution. In Wisconsin, these rights are codified in state statute (Wis. Stat. 971.30).
What Are the Miranda Rights?
Broadly speaking, Miranda rights ensure that defendants in criminal cases are aware of their Fifth Amendment right against self-incrimination and their Sixth Amendment right to counsel during police interrogations. The specific language of the Miranda warning that must be read to a suspect depends on the jurisdiction, but typically includes something to the following effect:
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You have the right to remain silent.
What Is Parental Alienation and How Can It Impact Child Custody?
It practically goes without saying that many divorced or separated parents are not especially fond of each other. Parents who do not see eye-to-eye can struggle to co-parent effectively. Some disagree about their child’s education or church involvement. Others differ with regard to household rules or discipline.
Some parents hold onto anger from their marriage and let this anger influence the way they parent their children. They may talk badly about the other parent or even discourage the child from having a close relationship with the other parent.
In some cases, the situation escalates into parental alienation. Parental alienation occurs when a parent intentionally sabotages the relationship between the child and the other parent. Many experts consider parental alienation to be a form of emotional abuse.
Some Effects of Parental Alienation
Save for cases involving abuse or other mistreatment, it is usually in a child’s best interests to have a close relationship with both of his or her parents. Unfortunately, divorced parents’ resentment toward each other can sometimes negatively affect the child’s relationship with the parents. Sometimes, a parent intentionally damages the child’s relationship with the other parent. This is extremely harmful to both the alienated parent and the child. The child may feel confused, angry, guilty, and afraid. He or she may fear that having any positive feelings toward the alienated parent is an insult to the parent discouraging the relationship. The child may suffer from low self-esteem, problems at school, anxiety, depression, and difficulty forming friendships and relationships with others.
Can I Get Custody if My Ex is Abusing Our Child?
The time following a divorce, separation, or other establishment of a court-ordered child custody order can be a time of high conflict between co-parents. Unfortunately, this results in many false accusations of child abuse that judges and courts must spend valuable time and resources investigating.
For those parents who are dealing with real concerns of child abuse, the prevalence of false accusations may make them understandably worried about whether the court will take their concerns seriously. After all, proving child abuse is not always easy, and although your parental intuition may be absolutely sure that something is “off,” it can be difficult to collect evidence to prove it. If you are worried that your ex is abusing your child and you want to take action in the form of a modified custody arrangement, contact an experienced Wisconsin child custody attorney today for help.
When Can a Minor Be Tried as an Adult in Wisconsin?
Every parent hopes for the best for their child. Even when a child struggles with a bad friend group, poor academic performance, impulse control, or other difficulties that contribute towards criminal behavior, it can still be a shock to learn that child is being accused of committing a serious crime.
Wisconsin has a separate juvenile justice system to handle cases of juvenile delinquency, but some crimes can be serious enough to merit treatment in the adult criminal justice system. If your child is facing criminal charges, contact an experienced Wisconsin criminal defense attorney, especially if you are concerned that your child may be tried as an adult.
Which Crimes Can Cause Juveniles to Be Tried as Adults?
Once a child is 17 years old, he or she is considered an adult for the purposes of criminal prosecution. But some of the most serious crimes can allow much younger children to be prosecuted as adults as well, and in some cases, the law even requires it.
You Can Deal with Divorce in a Healthy Way - Here is How
Divorce - despite being incredibly common, it is still a word that carries an enormous amount of stigma and weight. People who are going through divorce often feel as though the burden of the legal negotiations, scheduling chaos, and the societal implications of divorce leave them very little energy or resources for their own well-being.
Fortunately, the divorce process in Wisconsin has mostly changed from being an adversarial endeavor to one that is more focused on seeking resolution and reducing conflict. In addition, therapy for divorce has made enormous strides and divorcees are finding it easier than ever to get the mental support they need as they go through this difficult process. With the help of a great Wisconsin divorce attorney and these tips for handling divorce in a healthy way, you can make it to the other side and thrive.
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