Posted on April 15,2021 in Family Law

One of the most important aspects of any divorce involving children is creating your parenting plan to outline certain agreements that you and your spouse have made concerning the children. In Wisconsin, once you have entered a court order detailing things such as child support and parenting time, that order is legally binding and requires cooperation from both spouses. It can be extremely frustrating when your ex does not abide by the terms of the agreement that you have. However, as a court order, there are certain steps that you can take to combat noncompliance from your ex.  

Filing a Motion to Enforce Physical Placement Orders in Wisconsin

Any parent can file a motion to have their physical placement orders enforced in Wisconsin, as long as certain conditions are met. In your motion to the court, you must state your name and show that you have been awarded periods of physical placement of your child, the name of your child’s other parent and that you have had one or more periods of physical placement denied or substantially interfered with by the other parent. Once you have filed the motion with the court, you must then serve the motion to the other parent.

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 Posted on April 09,2021 in OWI

We can all remember the times when we were teenagers. Finally being able to drive meant finally being able to have more independence from your parents, but it also meant taking on more responsibility than ever before. Operating a vehicle while you are under the influence (OWI) of drugs or alcohol is not only highly irresponsible, but it is also highly illegal. In Wisconsin, underage offenders who are caught driving while they are intoxicated face a variety of penalties that could potentially become serious. Being charged with a crime does not necessarily mean you will be convicted of one, but a Wisconsin criminal defense lawyer can help make sure you are not.

Wisconsin’s “Not a Drop” Law

One of the most important pieces of evidence in any OWI case is the driver’s BAC or blood-alcohol concentration. For drivers who are over the age of 21, the legal BAC limit is 0.08. In most states, the legal BAC limit for drivers under the age of 21 is set at a much lower threshold and Wisconsin is no exception. Wisconsin’s underage OWI law, also known as their “Not a Drop” law, states that the legal BAC limit for those under the age of 21 is 0.00, or no amount of alcohol. 

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 Posted on March 25,2021 in Family Law

Even though a divorce, for most people, is an emotional and often painful process, it is important to remember that it is first and foremost a legal process. Much of the divorce process is used to untangle the complicated web of finances that many couples find themselves in. Even so, it can be overwhelming for the average person to sort through compiled financial data, especially in the case of high-asset divorces. Divorces involving expensive or large assets can often also result in conflict, increasing the risk that spouses will be uncooperative with one another. Forensic accountants are often hired in high-asset divorces to analyze the couple’s financial records and in turn, ensure the property and debt division process is fair and balanced.

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 Posted on March 17,2021 in OWI

In most states, driving or operating a vehicle while under the influence of drugs or alcohol is strictly forbidden and results in a criminal charge. Wisconsin, however, is unique in the fact that it is the only state to still classify a first-offense OWI as a driving offense, rather than a criminal offense. Instead of jail time as a punishment, a first-time OWI offender typically only faces around $735 in fines, a six- to nine-month driver’s license revocation, and a potential requirement for an ignition interlock device (IID) on their vehicles. However, charges can escalate quickly in OWI cases. Under certain circumstances, operating a vehicle while intoxicated (OWI) can result in felony charges.

Fourth or Greater OWI Offense

If the OWI offense is your fourth or greater OWI offense, it will automatically be charged as a felony offense. A fourth OWI is charged as a Class H felony, which carries a possible jail sentence of 60 days to six years, a two- to three-year driver’s license revocation, and an IID requirement for vehicles. Charges for further offenses can range from Class G felonies to Class E felonies, for 10th or greater offenses.

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 Posted on March 11,2021 in Family Law

In almost every divorce, there will be some form of disagreement, whether that be on the way the property was allocated or the way the spousal maintenance was calculated. For some couples, every topic brings a disagreement. For other couples, it is the children who become a point of contention. In situations when parents cannot reach a custody agreement, even in mediation, a guardian ad litem will be appointed to help the court determine what is in the child’s best interests. Going through a divorce with a spouse who does not seem to want to cooperate can be stressful, but the guardian ad litem (GAL) is there to make sure your child’s rights are protected.

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 Posted on March 04,2021 in Criminal Law

There are many traffic offenses with which you could be charged in Wisconsin; however, one of the more serious offenses involves fleeing the scene of an accident. According to AAA, there were an estimated 737,100 hit-and-run crashes that took place in the United States in 2015. Fleeing the scene of a car accident, which is also known as a hit-and-run accident, is considered to be a criminal offense in Wisconsin and could even potentially carry jail time as a consequence in some circumstances. If you have been charged with fleeing the scene of an accident in Wisconsin, you should immediately contact a traffic violations defense attorney.

Wisconsin Law Concerning Drivers Stopping After Accidents

There are many reasons why a person may not stick around after getting into an accident with another driver. Perhaps they did not have driver’s insurance or a driver’s license. Maybe they were simply scared and panicked when they drove away. Whatever the reason, leaving the scene of an accident is illegal in Wisconsin. Depending on the situation you are in, Wisconsin law dictates the actions you must take if you are in an accident with another driver.

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 Posted on February 26,2021 in Fraud

In today’s world, most people utilize credit cards, debit cards, and other forms of electronic payment as their main way of paying for goods and services. This can be much more convenient than having to constantly keep cash on hand; however, it also opens up the possibility that your personal information could get stolen at some point. According to the FBI, of all of the fraud complaints that they receive each year, credit card fraud composes the majority of those complaints. In the state of Wisconsin, credit card fraud is a crime that can take several forms, and it is taken seriously and can result in major consequences. 

Types of Credit Card Fraud Offenses

There is more than one way to be charged with credit card fraud in Wisconsin. Credit card fraud is a term that is often used, but it actually encompasses a variety of actions that are illegal and carry serious consequences. Credit card fraud in Wisconsin includes:

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 Posted on February 25,2021 in Family Law

Divorce is a very emotional process, and it is also very confusing. Most people find the legalities of divorce too difficult to handle on their own, and you will likely have many questions throughout the process. Below are the most frequently asked questions (FAQs) surrounding divorce and the answers to them. If you are going through a divorce and have additional questions, it is important to consult an experienced divorce lawyer who can answer them.

What Are the Grounds for Divorce in Wisconsin?

People in Wisconsin can only file a no-fault divorce. Under no-fault divorce laws, one person must simply state that the marriage is irretrievably broken. This means that there is no chance the spouses will reconcile. One way to show that the marriage is irretrievably broken is for the spouses to live separate and apart from each other for 12 months. 

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 Posted on February 24,2021 in OWI

Like every other state in the country, there are multiple ways that you can be stripped of your driving privileges in Wisconsin. Major driving offenses that endanger the lives of others such as excessive speeding or reckless driving can end up costing you your driving privileges in some situations. However, the most common driving offense that leads to driver’s license suspensions and revocations is operating a vehicle while under the influence of alcohol or drugs. If your driver’s license has been suspended or revoked, you will have to take certain steps to reinstate it. A Wisconsin driver’s license reinstatement lawyer can help you make sure you are taking the proper steps to get yourself back on the road.

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 Posted on February 01,2021 in Family Law

Family law can be quite complicated, especially when you are facing a divorce and you have children. In fact, when dealing with a divorce in your family, one of the more consequential and important parts of the divorce process is the determination of child support. Based on the child’s custody type, either sole or shared, as well as a state-dictated percentage of one or both parents’ incomes, the calculation of child support can become rather challenging. Worse yet, if you do not entirely understand the process or you are not paying close enough attention, the calculation of child support in your case might be unfair and inequitable to both you and even your child. Here are some telltale signs that the child support payments might not be fair enough.

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