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4 Tips for Fathers During Child Custody

Tue, 09 Aug 2022 07:25:35 GMT

Here are four tips for fathers in a child custody placement case. Being a parent in a two household family can be very difficult. Many fathers have an especially hard time with the transition. They may feel that the deck is stacked against them. But fathers need not feel that way. With some very simple tips, they can not only have success in the courtroom, but more importantly be an effective and loving parent.

The first tip for a father in a child custody and placement case is to be present. Establish consistent placement times with your child. Show up for those placement times, and be engaged during your visitation. Attend your child’s school events like plays or musicals. Attend your child’s parent-teacher conferences, and show up for your child’s extracurricular activities like sports or Boy Scouts and Girl Scouts. By being present for placement and events for your child, you will be an important part of their life.
The second tip for a father in a child custody and placement case is to be involved. Know who your child’s teachers are and make sure they know who you are. Be sure to sign up for the child’s school newsletter and report card distribution. Know your child’s friends and their parents. And keep in contact with those individuals.
The third tip for fathers in child custody and placement case is to show affection. Tell your child that you love him or her and don’t be afraid to hug your child. It doesn’t mean that you are not manly. It just means that you are a loving parent.
The final tip is to co-parent to the best of your ability. Work with the other parent as well as you can. This may not be easy and will undoubtedly take some effort and patience to communicate, but the most well-adjusted children are those who have parents who get along to the best of their ability and put their child first.

Being a parent is tough. Being a father in a divorce or a two-household family is especially trying. It can become more manageable if you remember the simple tips to be present, be involved, show affection, and co-parent to the best of your ability.

Child Custody Mediation - 3 Tips

Wed, 02 Mar 2022 14:48:56 GMT

Here are three tips when entering a child custody and placement mediation.

A. The first tip is to come to your session prepared. This means to:

print off and bring with you your work schedule
your child’s school schedule and activity calendar, and
a holiday schedule if necessary.

Having these documents with you in the session will help to ensure that you don’t have to remember those dates off the top of your head and will reduce the stress during the negotiation.

B. The second tip for a child custody and placement mediation is to set your goals and limits beforehand. With the help of your attorney, determine your goals for the mediation session. That means:

think about what type of schedule you want for your child
what, if any, concerns you have about the other parent.

By doing this ahead of time, you’ll be able to determine what areas you are willing to compromise on and what areas you are not willing to compromise on. Come into the session with a firm idea of your goals and limits. This will prevent you from regretting any decision that you make while in negotiations.

C. The final tip for child custody and placement mediation session is to:

focus on the best interest of your child. This is the most important of all the tips and should be at the forefront of all the decisions you make in your negotiation.

It may mean that you have to compromise in an area that you wouldn’t normally do so. But if compromising is done for the best interest of your child, then it’s ultimately worth the sacrifice you’re making.

Divorce: What you MUST know about the MSA

Wed, 23 Feb 2022 16:22:12 GMT

What is a marital settlement agreement? In an uncontested divorce action in Wisconsin, which is when you and your spouse have agreed on all issues, we call the marital settlement agreement the final agreement that you and your spouse would both sign and agree upon -- all the terms and conditions that is then filed with the Court. At that point, the Court then accepts your agreement and grants you a divorce.

This gives you and your spouse certainty as well as control over the outcome of your divorce. Sometimes with a trial, it’s a little bit less certain, and you’re leaving the outcome in the hands of somebody else, i.e., such as the judge. That is why a marital settlement agreement is really important. So in the cases where you have two parties that can talk and compromise on issues, you certainly want to explore the idea of doing the marital settlement agreement.

A marital settlement agreement is going to include:

basically all terms that affect your children if you have kids such as:

you need to determine who is going to have legal custody of the children; joint legal custody or sole legal custody will need to be decided
physical placement is where the children live and who they spend time with and how often and what the schedule would be; don’t forget about the holidays and the times off of school such as spring breaks, winter breaks, and things of that nature
whether or not one parent is going to be paying child support or not as well as health care expenses. Who is going to carry health insurance for the children? Is that going to be health insurance, dental insurance, vision insurance? What is the cost of that? How have you allocated that? You want to make sure to consider that and put that into your agreement. You want to talk about uninsured medical expenses. Those are the things that insurance doesn’t cover and who is responsible for that other provisions concerning the children would certainly come down to taxes, child tax credit, tax exemption and you want to make sure that your settlement agreement identifies that and who is being allocated those tax credits or exemptions
variable expenses for the kids. Those are the things like how are we going to pay for school registration, school supplies? If the kids are a little bit older, maybe like driver’s ed fees and things of that nature

All terms that affect your finances, your incomes, assets, debts, and liabilities
Spousal support -- Wisconsin calls that maintenance. Other states may call it alimony. Your agreement needs to determine whether or not there will be spousal support, which are payments from one spouse to the other spouse to help support that person
Personal property obviously is a big one. Starting with the bigger personal property things such as the home and real estate and how that will be divided up. Who is getting the house? If somebody is buying somebody out and the pay off or equalization payment for that. You want to certainly have provisions in there about any second homes that you have or investment properties
If there was a business that was started during the marriage or even before, you need to make sure to allocate the business and who is getting the business and how that all works out
Retirement plans, pension plans, bank accounts, checking and savings, money market and CDs, any bank account, HSAs, HRAs all of that needs to be considered and placed into the settlement agreement
What about debts? Yes, we need to allocate the debts and figure out who is responsible for the debts and properly lay that out in the settlement agreement so everyone is completely on board and understands the payment of debt
Tax filing and are you going to file as a married couple up to a certain period of time or if you’re getting divorced, of course, then you would be filing separately after that, but you may need to have some provisions in there to comply with the IRS and your state tax authority to figure out how you handle taxes for the year that you’re getting divorced
There is going to be other standard language in your settlement agreements that talk about protecting one another from the other party not following through on the agreement. You’re going to put standard provisions in there to make sure that people are signing documents like titles and deeds and things like that to transfer property that has to be transferred.

So as you can see in the settlement agreement, there is just a lot there and it’s another reason why you want to sit down with an attorney if you don’t have one and make sure that you’re covering everything. And if you do have an attorney, make sure again, sit down with your attorney and make sure the details are laid out. Don’t let the attorney off the hook by saying, “Don’t worry about it. We don’t need to cover that.” Absolutely not. You want these things in writing so there is certainty and you can move on in life.

If you want to get more value, please reach out to an attorney like me. Ask some questions that are specific to your case. Hire an attorney to help you with that matter. It will be worth your time and your money in the long run and it will give you that certainty that you’re looking for.

What is a Guardian Ad Litem and How to Ensure Your Child is Protected in Family Law?

Mon, 24 May 2021 21:21:51 GMT

What is a Guardian Ad Litem and How to Ensure Your Child is Protected in Family Law?

In Wisconsin, for legal cases in which the two parties in a family law case are unable to reach an agreement, a guardian ad litem is appointed.

A guardian ad litem is a licensed attorney appointed by the court to represent and advocate for a child’s best interests in a family law matter. The GAL will investigate the facts of the case, participate in negotiations between the parties involved, and take a position in court on the legal custody and placement of the child.

During the proceedings of the family law case, the GAL will present their findings to the court and make recommendations for placement and custody of the child based on the facts collected in the investigation.

While it may seem intimidating to have an attorney responsible for your child’s placement, there are ways for you to help your child’s GAL gather all the relevant information needed to best serve and protect your child in the case. By remaining open, honest, and cooperative during the entire process, you will be able to maintain a positive and professional relationship with your child’s GAL, ensuring that your child’s best interests are protected. Remember: the GAL is a lawyer for your child and represents your child’s best interests, so it is very important to provide all information the GAL may request in order to help them best advocate for your child’s protection.

Here are some recommendations to keep in mind while working with your child’s GAL:

1. Maintain an open dialogue with your child’s GAL.

- Communication and cooperation are key when it comes to working with your child’s GAL. You will be working with the GAL for the entirety of your case, so it is important to keep a positive relationship between you and the GAL. Along with maintaining a strong line of communication with your GAL, make sure to keep them updated and informed of any relevant or changing information in your child’s life. It is important to stay honest and updated with the GAL at all times to ensure they have all the necessary information to make the best informed decision for placement of your child.

2. Make yourself available to your child’s GAL.

- It is important to be as available as possible for the GAL responsible for your child. Your GAL will call you for information regarding your child, along with close friends, family members, and/or relevant references. To ensure the consistency of the case, always be available by phone or another form of contact. If you are unable to answer when the GAL calls, make sure to return their call in a timely manner. If your number changes, inform your GAL immediately. This will ensure that your case remains on track and does not fall behind. It is important for the mental health of you and your child to not draw out the case, as it may cause emotional stress to your family.

3. Provide your GAL with all the necessary documents regarding your child.

- The GAL will need to be provided with various types of documents and information regarding you and your child to help them understand and investigate the case. To simplify the process, it would be beneficial for you to obtain the information that the GAL may need. When you get the documents and information, make a copy of it for the GAL. Be sure to make copies for yourself and for the court, as well. You may also have to sign a release so that the GAL can obtain some of this information. Examples of information the GAL may need include:

● school/daycare records,

● medical records,

● Child Protective Services reports,

● pay stubs/financial records,

● counseling/therapy records,

● criminal records,

● records of court cases involving anyone living in the house, etc.

4. Be flexible and cooperative.

- GALs will sometimes request that the parents undergo psychological and mental health evaluations, parental fitness evaluations, and drug screens. It is extremely important to cooperate and go through with any evaluation that the GAL requests to ensure the GAL receives the necessary information about you and the other party to make a custody decision for your child that is in their best interest.

7. Be prepared for a home visit.

- The GAL will usually conduct a home visit. The purpose of this home visit is to observe the child’s living environment and interactions between the child, their caregiver, and the parties involved in the case. Some of these home visits may be unannounced. Make sure that your house is always a suitable place to raise a child. Do not have people who don’t live at the house lingering around during home visits. Also, you should not act differently when the GAL comes to visit. The GAL will be able to tell if you are putting on a show. Just be yourself and act as you normally would when you are alone with your child.

8. You have a right to see any of the documents that a GAL uses to write your recommendation. If you want to see any of the documents, ask them in writing before the hearing.

While family law cases may seem daunting, having a GAL appointed to represent the best interests of your child will allow for impartial and thorough judgements to protect your child during family court proceedings. With a GAL appointed, you can trust that your child’s best interests are being advocated for and protected.

The Constitutionality of Revocation in OWI Cases

Mon, 24 May 2021 21:18:02 GMT

The Constitutionality of Revocation in OWI Cases

In April 2017, Scott Forrett was arrested for, and charged with, his 7th offense for Operating while Intoxicated. In the following court proceedings, the revocation of his refusal to submit to a warrantless blood test after his arrest in a prior conviction allowed for an increase in his sentence. Forrett was sentenced to 6 years of initial confinement and 5 years of extended supervision.

However, Forrett challenged the judgment of his conviction and the order denying him postconviction relief, claiming that the revocation of his refusal to the blood test after the arrest of his 6th OWI was unconstitutional and should not have been recalled to increase his present criminal penalty.

Forrett argued that the State’s use of his 6th OWI conviction to increase the criminal penalty for his latest OWI violated his Fourth Amendment constitutional right to be free from unreasonable searches under Birchfield and Dalton. He claimed that the Wisconsin Supreme Court’s holding in Dalton should be upheld in his case. In accordance with Birchfield, Dalton ruled that a sentencing court cannot use a refusal to explicitly increase the confinement portion of a sentence on an OWI in the same case. Moreover, the State cannot use a refusal to enhance the available confinement portion for the sentencing on a subsequent OWI.

To counter Forrett’s opposition to his sentence, the State argued that imposing criminal penalties for a refusal and using a refusal conviction for counting purposes, to enhance the possible penalty for a subsequent and unrelated OWI conviction, are not the same. The State claimed this conclusion was held in statute by Birchfield and Dalton.

However, the Court of Appeals agreed with Forrett in the unconstitutionality of using a refusal from a prior arrest to enhance criminal penalty on a subsequent case. It characterized the United States Supreme Court’s holding in Birchfield as: “pursuant to Birchfield, criminalizing refusal to a warrantless blood draw with criminal penalties exceeds the defendant’s implied consent, and thus, impermissibly burdens or penalizes a defendant’s Fourth Amendment right to be free from an unreasonable warrantless search.” Forrett, ¶ 11. The Court of Appeals characterized the Wisconsin Supreme Court’s holding in Dalton as “imposing ‘criminal penalties’ for a refusal is not lawful under the Fourth Amendment.” Forrett, ¶ 12. The court emphasized that “Dalton and Birchfield clearly stated that imposing ‘criminal penalties’ on defendants who refuse to submit to a warrantless blood test are outside the ‘limit’ of the Fourth Amendment’s prohibition against unreasonable searches.” Forrett, ¶ 12.

Moreover, the Fourth Amendment to the United States Constitution and article 1, section 11 of the Wisconsin Constitution guarantee that persons shall be secure from unreasonable searches and seizures. In Birchfield, the Supreme Court analyzed implied consent laws under the Fourth Amendment and specifically, the constitutionality of warrantless searches—blood draws. The Court held that a refusal to submit to a blood test without a warrant can be the basis for a civil penalty—revocation—but it cannot be the basis for a separate criminal charge and penalties.

So, why is the publication of Scott Forrett’s case important to present and future criminal cases in Wisconsin?

This case was recommended for publication, as it amends how Wisconsin attorneys should approach OWI cases, and once it is published, it will become the law. Therefore, once the Forrett case is published, Wisconsin attorneys must act accordingly, pursuant to the case’s result.

The Forrett case impacts how Wisconsin OWI cases should be prosecuted. Following the case’s publication, county and municipal prosecutors will no longer be allowed to dismiss OWI charges and allow a blood test refusal from a prior charge to stand in an open case. Thus, prosecutors must revisit their files and determine whether any OWI charges in their open cases are enhanced due to a prior refusal to submit a blood test. If any of their open cases contain these measures, those refusals may no longer be counted, and the charges must be amended accordingly. The same practice must be followed for all future cases.

Steps in criminal cases: Discovery and Pretrial Negotiations

Wed, 18 Nov 2020 16:44:18 GMT

Steps in criminal cases: Discovery and Pretrial Negotiations

After a plea is entered the District Attorney provides discovery, which includes police reports, witness statements, photographs and any audio or video recordings taken during the course of the criminal investigation. It is not uncommon for supplemental reports to be exchanged during the course of the case.

When reviewing the police reports, it is important keep in mind the perspective of the author and the information known at the time of the investigation. Often times the reports are one-sided, which requires taking time to speak with clients and get their side of the story. During investigations important pieces of information may be overlooked or deemed not important enough to follow up on. Sometimes the police reports have inaccuracies that adversely affect clients. Additionally, reports are sometimes lacking important information, which requires additional investigation on behalf of clients. Throughout the pretrial phase, it is always important to analyze the strengths and weaknesses of the case and file any necessary pretrial motions. Mistakes are sometimes made during the course of law enforcement intervention, which must be addressed by way of filing motions and negotiations.

Pretrial conferences are informal meetings with the district attorney to discuss the case, exchange information and engage in settlement discussions when appropriate. Having an experienced team of legal professionals to help you navigate the criminal court process is vital and there is a lot to lose if your liberty is in jeopardy. If you find yourself along and accused of committing a crime, call our experienced legal team at Hawley, Kaufman & Kautzer today!

When Should I Hire a Divorce Attorney - Money Problems

Tue, 17 Nov 2020 14:56:55 GMT

When Should I Hire a Divorce Attorney - Money Problems

This is the third part of my series - When Should I Hire a Divorce Attorney. This post is about problems with money. Money problems arise in many marriages and that alone is not a reason to get a divorce. However, if the issues with money persist and lead to a breakdown of the marriage such that you have considered filing for a divorce, then it is a really good idea to hire a divorce attorney to help you.

First, money problems can come in many forms. It may be that your spouse is spending too much money. It could be that your spouse is not sharing money with you. It might be that your spouse is preventing you from access to money. It could also be that your spouse is wasting money on frivolous ventures or risky investments. Your spouse might be hiding money from you. Your spouse could have opened accounts that you are not aware exist. Perhaps your spouse is not using money for marital debt without telling you.

As you can see from the previous paragraph, the list of money problems can be long. What is common with all money problems is that one spouse has control and the other spouse does not. The lack of control is the problem.

When there is a divorce, the control problems do not get better unless you have help. Although both spouses are required to complete and file a Financial Disclosure Form, it is not uncommon for a spouse to underreport or withhold information or complete the document incorrectly. A Financial Disclosure Statement is a document in which the party completing it should report all of his or her income, assets, debts and expenses. Spouses rely on the information reported in order to arrive at a fair division of assets and debts and income.

A divorce attorney will help you get the information you need from your spouse. If your spouse is not forthcoming with the information a divorce attorney has tools to use to try and get the information. The spouse can be required to provide financial documents and answer questions under oath about their income, assets, debts and liabilities. If the attorney feels that a spouse is withholding information the attorney can request that the judge get involved to direct the spouse to comply with the requests for information. If a spouse fails to turn over documents or refuses to answer questions under oath, the spouse can be sanctioned.

If you are asking if you need an attorney to help you, the answer is, “yes”. The lack of control of your finances did not happen overnight. Some parts of your marriage developed such that one spouse had greater control of the finances and has now used the finances to his or her advantage and to your detriment. It is only human nature for the same power and control struggle over money to continue. Rather than try on your own by employing the same methods you used in the past, which did not work, do something different. Hire a divorce attorney and have the attorney seek the information that you need.

In these posts I think it is important to address both spouses. In other words, if you are the spouse that has controlled the marital funds, you may be accused of vindictiveness or wrongdoing, when in fact, you have done nothing wrong. Sometimes the person who handles the money is simply acting reasonably and responsibly. The problem may boil down to perspective. Perhaps you are thrifty and saving the future, while your spouse is a spendthrift and is constantly buying new things. Neither spouse is really right or wrong in such a situation. What is wrong, however, is a lack of agreement between two spouses.

If you are accused of overly controlling money or being vindictive the best thing you can do is be transparent. Explain your money habits and show where you keep money and how you spend it or save it.

If you have improperly used marital funds it is important for you to have legal representation. Rather than perpetuate the problem and make it worse, it is advantageous to acknowledge what was done and then correct the behavior. A judge will have greater respect for you if you can address and fix past mistakes. An experienced divorce attorney will help you. Divorce attorneys specialize in analyzing your financial affairs and then coming up with solutions to make sure that the financial aspects of divorce are fair and equitable.

Steps in Criminal Cases: Preliminary Hearing

Thu, 12 Nov 2020 14:46:01 GMT

Steps in Criminal Cases: Preliminary Hearing

If you have been charged with a felony, you have a right to a preliminary examination hearing. At that hearing, the State, through the district attorney, has the burden of proof and must produce a witness to provide testimony that establishes probable cause that: a felony was probably committed and that you probably committed it. At this type of hearing, hearsay is permissible. This means that the witness, often times a law enforcement officer, may testify to what he or she was told by another witness or alleged victim. At a preliminary hearing you have a right to examine the witness through cross examination. If the State meets its burden, a defendant will be “bound over for trial”, which means that there is sufficient information for the case to proceed to trial. If the court determines that sufficient proof is not established at a preliminary hearing, the charges may be dismissed or amended.

A preliminary hearing is not a trial in which the court determines guilt or innocence. However, it is an important step in the criminal justice process. During a preliminary hearing a defense may be discovered or the court may determine that the charge is not appropriate. If you have been charged with a felony and need help, call our team today!

When Should I Hire a Divorce Attorney - Infidelity

Mon, 26 Oct 2020 14:12:41 GMT

When Should I Hire a Divorce Attorney - Infidelity

This is the second part of my series - When Should I Hire a Divorce Attorney.

Infidelity is absolutely a time when you want to hire a divorce attorney. A divorce attorney will remain detached from emotions and will help you with your children and finances.

There is something seriously wrong in your marriage, if one or both spouses are cheating. Infidelity, cheating, whatever you want to call it, is a violation of trust. When you violate trust, you lose credibility. That has a great impact on the marriage and a spouse’s ability to think clearly. The breakdown of trust is such a big deal. If you cannot trust your spouse to love and respect you, then how can you trust your spouse in other matters of life, such as with your finances and children? This is when you need an attorney to help you make wise decisions that will impact your future with your family and your finances.

With cheating, forever, there will be feelings of suspicion, remorse, anger, hate, love, forgiveness, and more. Spouses will blame each other and all of this will fester and compound. Whether you are the victim or the cheater, one of you, or both of you, decided not to care enough about the marriage. When someone does not care to the point that there is infidelity, it is simply time to move on and file for divorce.

You may not be able to change your spouse, but you can change yourself. You can change the way you react to the way someone treats you. Divorce is a way to change how you react to what your spouse does to you. You want to cheat? Fine, that is on you. But I am not going to wait for you to decide to respect and love me. You had a chance and I am moving on. You have one life. Would you rather live it happily or in sadness?

You have to start believing that you are a co-creator in this wonderful life that has been offered to you. You make the decisions and you take action. You can design your life and how you wish it to be. Why are you waiting around for someone else to plan it for you? I can guarantee to you that your cheating spouse was not planning a wonderful life for you when he or she cheated. It is really the exact opposite. That person did not care whatsoever. The decision to stop caring was made long ago, and not just in the moment that the spouse cheated. Take control of your life and your plans. File for divorce and work with an attorney to start designing your future. Focus on your children and finances. Let the attorney help you through the untangling of your life, in order to put it back together to march forward.

If you are the person that cheated, divorce attorneys work with you too. Maybe cheating was not the best way to exit your marriage, but now that it has occurred, we must deal with its impact. Wisconsin is a no fault divorce state. This means that infidelity cannot be used against you to punish you. Many people have the incorrect belief that because they cheated that they are deserving of less. We will work with you to talk about how the marital estate and your right to custody of your children will be affected.

As a bottom line, please remember that your choices will have some impact on the divorce proceedings, but more than likely it is an emotional impact. You cannot let the emotional impact cloud your understanding of the law and what is entitled to you. You must determine to move on. Confront the challenges ahead of you.

You need an attorney because the attorney is detached from all the emotion that comes from infidelity. A divorce attorney will remain focused on a positive outcome for you. We will help you address all aspects of a divorce. This includes the division of income, real estate, personal property, retirement accounts, investments, other assets and debts.

Infidelity is a difficult topic, especially when you have children. A divorce attorney will help you determine, what if any impact cheating will have on your custody and placement rights. We will walk through this together to address all concerns you have.

A divorce attorney’s job is to make sure that you leave the marriage with your children, your money and your dignity.

When Should I Hire a Divorce Attorney - prior to filing for divorce

Tue, 13 Oct 2020 18:22:52 GMT

When Should I Hire a Divorce Attorney - prior to filing for divorce

As a divorce attorney in Sheboygan County I get asked all the time, “when should I hire a divorce attorney”. I have thought about that question and I have come up with 7 times when you should hire a divorce attorney. This post talks about one instance when you should hire a divorce attorney. I will make another post with additional instances.

Prior to filing for divorce

I cannot emphasize how difficult the divorce process can be, emotionally and physically. It takes a lot of energy and there is an emotional toll and a time commitment.

Many people try to work it out with their spouse. Some are successful, but the vast majority of people that do this end up shooting themselves in the foot.

Attorneys spend a lot of time undoing the damage that an unrepresented party has already caused. As attorneys we cannot change those facts. So, by hiring us early, we can avoid the mistakes and obtain a cleaner and more certain outcome.

Mistakes get made. People do not receive the financial compensation that they deserve. Many people are unaware of the law and what is afforded to them.

Routinely, people compromise on child support, spousal support and property division and they compromise, not because it is the right thing to do, but because they are scared to be successful. They are scared of the challenge and confrontation.

Sometimes, friction is good. You cannot get a diamond without friction. So, you really need to press ahead and a good divorce attorney will help you.

Spouses lean on each other, play to one another’s likings and take advantage of another's weaknesses. It is sad, because people seek a divorce for many reasons - power and control being one of them.

For example, let’s say one spouse has controlled all the money. Then, when it comes time to divide money, and set child support and maintenance, the spouse who has traditionally exercised power and control simply exercises power and control all over again and the other party gives in to the financial demands and settlement.

Or with kids, it may start out fair, but overtime one spouse starts taking more and more time or denies the other parent time with children. This usually happens when spouses are divorcing and one spouse becomes more comfortable with the idea of being separated. That spouse gains strength in a way and uses power and control to convince the other spouse to give in.

After the fact, I ask, why did you do that and most people say it is because they were scared and just wanted it to be over with.

This is the wrong reason to finalize a divorce. Finalize it when it is right. When it is fair and equitable and in the best interest of children.

Yes, you can hire me after you file for divorce, and yes, you can hire me after your divorce is final and when you want to go back to Court to modify orders to make them more fair, but when you delay, you are already behind.

It is like a marathon. It is best to start together at the start line, or sometimes prior to that, in training. We can plan and then file. We can file and then run together.

Sure, I can assist you once you have started the race, but our outcome will be more certain if we start together earlier.

YOUR TESTIMONY CAN MAKE A DIFFERENCE AT A HEARING

Thu, 10 Sep 2020 22:18:00 GMT

YOUR TESTIMONY CAN MAKE A DIFFERENCE AT A HEARING

One of the things that I discuss with my clients is that they are “fact witnesses” and nothing more. In family law matters, clients are concerned and distracted by emotion. The emotion of the moment can take over and cause a client to provide testimony that is not clear or factual. As you can imagine, any court official in having to make a decision benefits from factual information. A court’s decision is only as good as the information it relies on. Therefore, as a witness you must provide facts. Take the emotion out of it and simply funnel as many facts to the court official as possible. You would be surprised at how difficult this is for some people. The best thing to do is to practice.

Lawyers typically do not ask questions when we do not know the answer. The client must remember that the attorney is not asking a question because the attorney is curious or does not know. The attorney already knows the answer and is attempting to elicit a response from you that will go to the court official and promote the attorney's perspective of the case.

Give straight answers. So, if an attorney asks you what is your favorite color, for example, simply state the color. Do not go into a long story about how when you were a child you used to like the color red, but then in college you preferred the color purple, and now you really like orange. By the time you get to your response the court is confused about the initial question and what your answer may be.

As a witness you must listen to the question carefully. Then, provide an answer that answers the question. Please also make sure that your answer is factual. Once the words comes out of your mouth it is hard to change the answer.

To help my clients get through emotional hearings I ask them to think about themselves as a third party observer. Pretend that you are not the husband or wife. Instead, visualize yourself as someone like an accountant who is simply providing factual information that has nothing to do with emotions. So if your estranged spouse says well he must earn $10,000 a month because we always afforded to go on trips and buy anything we wanted, your job as a factual witness is to say no, I actually make $8,000 per month and I can prove that because here is my pay stub and here is my tax return.

Attorneys are experts in asking questions that serve the attorneys narrative. And humans like to get along. So sometimes I find that my clients start answering questions in the affirmative even when it may not be true. It seems that they are doing it because they want to seem more cooperative.. That does not help anyone. You can still be cooperative by saying no sir my income is not $10,000, but it is in fact a thousand dollars per month. When the attorney questions the validity of that you can say I'm sorry that you're mistaken but look at my pay stub. Believe me the attorney will be red in the face and will quit arguing with you.

You are the expert of your life. You know the answer. Just state the facts. This is the best way to help yourself at a trial or hearing.

THE CDC AND HHS HAS ISSUED AN ORDER PREVENTING YOU FROM PURSUING RESIDENTIAL EVICTIONS AGAINST ANY “COVERED PERSON”

Fri, 04 Sep 2020 19:03:14 GMT

THE CDC AND HHS HAS ISSUED AN ORDER PREVENTING YOU FROM PURSUING RESIDENTIAL EVICTIONS AGAINST ANY “COVERED PERSON”

Landlords beware. Understand what you may do and what you cannot do under the new Order from the Centers for Disease Control and Prevention (CDC) and Department of Health and Human Services (HHS).

The Order

Effective September 4, 2020 and through December 31, 2020 a landlord cannot pursue a residential eviction if the tenant is a “covered person”. This Order was made to prevent the spread of COVID-19.

Meaning of Covered Person

A tenant is a covered person, if under the penalty of perjury, the tenant declares in writing the following:

The person used best efforts to obtain all available government assistance for rent or housing;
The person expects to earn less than $99,000 in annual income for the calendar year 2020 (or no more than $198,000 if filing a joint tax return) or was not required to report any income in 2019 to the IRS or received a stimulus check pursuant to section 2201 of the CARES Act;
The person is unable to pay the full rent due to substantial loss of household income, loss of compensable hours of work or wages, lay-off or extraordinary out-of-pocket medical expenses;
The person is using best efforts to make timely partial payments that are as close to the full payment as the person’s circumstances may permit, taking into account other non-discretionary expenses;
Eviction would likely render the person homeless or force the person to move into and live in close quarters because the person has no other available housing options.

If For Non-Payment of Rent, Notice to Terminate, Evict, and Remove are Not Allowed

If the tenant is a covered person you cannot serve a notice terminating tenancy, file an eviction or act upon a previously obtained writ of restitution with the Sheriff.

The Tenant Is Still Responsible for Rent and Other Contractual Obligations

A tenant is still responsible to pay rent during the halt in evictions. This is not rent forgiveness. Landlords may still charge and collect fees, penalties, or interest as a result of the failure to pay rent. The landlord, however, cannot remove the tenant for failure to pay rent until 2021.

You Can Evict for Non-Rent Violations

Non-rent evictions can still be pursued. A landlord can still evict for a tenant’s acts that relate to:

Criminal activity;
Threats to the health or safety of other tenants;
Damage to property or a threat to damage property;
Violations of building codes or health ordinances or other regulations on safety: or
Violations of other contractual obligation not including rent, such as non-payment of fees, penalties or interest.

Penalties for Violation of the Order

Landlords need to be careful. You cannot evict for non-payment of rent. If you do you may face significant penalties, including fines and criminal charges. For a person violating the Order you may pay up to $100,000.00 in fines if your act did not cause a death or one year in jail, or both, or a fine of $250,000 if the violation results in death. Any organization violating the Order is subject to a fine of $200,000 per event if there is no death or $500,000 if the violation results in death.

While the divorce is pending, who gets use of the house, when can I see the kids, do I have use of our money? Get a Temporary Order!

Fri, 28 Aug 2020 16:42:08 GMT

While the divorce is pending, who gets use of the house, when can I see the kids, do I have use of our money? Get a Temporary Order!

A concern among any person splitting from a spouse, is how do I know that I will be protected during the divorce proceedings? For starters, work with your spouse to come up with a plan. Ideally, the two spouses will come up with fair and reasonable resolutions that encompass placement of minor children, use of the marital home, use of marital assets and funds, and payment on any marital debts. If you come up with an agreement, put it in writing so that all the terms and conditions are clearly stated and understood. This temporary agreement needs to be followed until the two of you decide mutually to change it or a court order tells you to do something else. The temporary agreement does not have to be your final agreement. It is a starting point and often times after people get settled in to their new lives, adjustments to the agreement will have to be made.

I think it is best for your spouse to make the temporary agreement a Temporary Order. In doing so, the Temporary Order holds both spouses accountable to uphold their end of the deal. There are sanctions if one party does not follow through with the Temporary Order.

If you and your spouse cannot come up with an agreement, that is fine. You can request a hearing on a Temporary Order and a court official will make an order based on the evidence presented at the scheduled hearing.

I will explain in a moment how to get to request a Temporary Order Hearing and how to obtain a Temporary Order if you and your spouse have an agreement. Before I get to that, I want to emphasize how important it is to have the Temporary Order.

We are talking about your life. You need certainty. A Temporary Order will help to clear up many areas of concern. You must consider the following:

Define a specific physical placement schedule to see your kids, with times for exchanges and designations for transporting the children to and from placement. What about holidays?
Determine what it will cost for each spouse to live separately and then come up with a plan for payment of expenses by sharing income.
Will someone pay child support?
Assign payment of bills.
Discuss use of cell phones and payment of phone plans.
Figure out who will pay household expenses, like the mortgage, real estate taxes, homeowners insurance and utilities.
Determine who gets to live in the martial home and who is moving out.
Decide on use of vehicles and other substantial assets.
What about bank accounts – do you continue to deposit your paycheck into a joint account or do you establish an individual account.
Consider the use of credit and who is responsible for the payment of debt.

As you can see, these topics are vital, difficult to discuss, and can be emotional. If you and your spouse cannot reasonably determine what to do, then you will need an order to help you. Whether by agreement or order, you need a path to move forward.

If you and your spouse come up with a fair agreement complete the Stipulation for Temporary Order. You can find the documents here: https://www.wicourts.gov/formdisplay/FA-4126VA.pdf?formNumber=FA-4126VA&formType=Form&formatId=2&language=en or https://www.wicourts.gov/formdisplay/FA-4127VA.pdf?formNumber=FA-4127VA&formType=Form&formatId=2&language=en . Once completed, file the documents with the Clerk of Circuit Court and ask the Family Court Commissioner to approve the agreement. Once approved, the agreement will be made a Temporary Order. At that point, unless you and your spouse mutually agree otherwise, all terms and conditions of the Temporary Order must be followed. If the terms cannot be met and for good reason, a review of the Temporary Order will need to be requested so that the terms and conditions may be modified.

If you and your spouse do not have an agreement and if you want a Temporary Order, then you need to complete an Order to Show Cause and Affidavit for Temporary Order. You can find the documents here:

WITH CHILDREN https://www.wicourts.gov/formdisplay/FA-4128VB.pdf?formNumber=FA-4128VB&formType=Form&formatId=2&language=en and https://www.wicourts.gov/formdisplay/FA-4128VA.pdf?formNumber=FA-4128VA&formType=Form&formatId=2&language=en

WITHOUT CHILDREN https://www.wicourts.gov/formdisplay/FA-4129VB.pdf?formNumber=FA-4129VB&formType=Form&formatId=2&language=en and https://www.wicourts.gov/formdisplay/FA-4129VA.pdf?formNumber=FA-4129VA&formType=Form&formatId=2&language=en .

At that point you will file the documents with the Clerk of Circuit Court and you will need to obtain a date for a Temporary Order Hearing with a court official. After you have the date for the hearing you will need to notify your spouse of the hearing date and time.

We are experts in this area of the law and we can help you. Please reach out to Attorney Ryan Kautzer or Attorney Kyle Kaufman for assistance.

Divorce: Summons and Petition – What You Need to Know

Mon, 10 Aug 2020 20:12:06 GMT

DIVORCE: SUMMONS AND PETITION – WHAT YOU NEED TO KNOW

A divorce or legal separation proceeding is really a lawsuit between two people. You are petitioning for orders related to your right to see your children and to protect your assets and income. Because the stakes are so high, the two parties to the proceedings must be aware that there is a pending divorce or legal separation action. In addition, each party must have knowledge of what the other party is requesting. For these very important reasons, any divorce or legal separation must include a Summons and Petition.

If you have minor children the Summons and Petition must specifically contain information and provisions concerning the children.

The purpose of the Summons is to notify the other party of the existence of the action for divorce or legal separation. The party preparing the Summons is responsible for filing the document with the Clerk of Circuit Court. That party must then provide copies to the Court, Family Court Commissioner and the other party. At the very least, you must attach the Petition to the Summons. Other documents that you may attach include an Order to Show Cause and Affidavit for Temporary Order, Financial Disclosure statement and any other document required by local court rule.

The reason for a Petition is to start a divorce action or legal separation. Upon completing the Petition it must be filed with the Clerk of Circuit Court and distributed to the Court, the other party and the Family Court Commissioner. You will need to include background information about you, your spouse, and any minor children.

The following information will be asked in the Petition:

Complete name of spouses and any minor children
Dates of Birth of spouses and any minor children
Residency information
Military membership
Pregnancy
Date of marriage
Location of marriage
Any previous marriages and date marriage ended
Whether any premarital or marital agreements exist

Attorney Ryan Kautzer and Attorney Kyle Kaufman can assist you with all your family law needs. Call us at 920-994-4800 or talk to us by setting up an appointment using the “schedule now” option at www.hkklawoffices.com .

Criminal Procedure – Initial Appearance

Mon, 27 Jul 2020 15:30:13 GMT

Criminal Procedure – Initial Appearance

You received a misdemeanor citation summoning you to attend an initial appearance or have been charged with a felony and are in custody awaiting your initial appearance. Now what?

The initial appearance is the first hearing in a criminal proceeding regardless if you have been charged with a misdemeanor or felony. Prior to or at the initial appearance you are provided with the criminal complaint, which is a charging document that lists the offenses for which you are charged and provides a narrative of the events that are alleged to have occurred. The judge or court commissioner will make sure that you understand the charges and, if the charges are misdemeanors, will ask for a plea of either guilty, not guilty or no contest. If the charges are felonies, the case would be scheduled for a preliminary hearing upon your request.

After a plea is entered or the case is scheduled for a preliminary hearing, the court will set bail, which are conditions of release to ensure future court appearances. In Wisconsin the court will either issue a signature bond or cash bond. If a signature bond is imposed, you need not post money to leave, but will be provided conditions for your follow while the case is pending. If the court orders a cash bond, you would remain in or be taken into custody until you post the ordered bond. In that case you will also be obligated to follow non-monetary conditions to also follow while the case is pending.

What is a Joint Petition for Divorce or Legal Separation and Why You May Want to Consider It

Mon, 20 Jul 2020 21:07:07 GMT

WHAT IS A JOINT PETITION FOR DIVORCE OR LEGAL SEPARATION
And WHY you may want to consider it

It may not apply to every situation, but a joint petition for divorce or legal separation is a good way to file if you and your spouse agree that the marriage is broken. In filing a joint petition it puts both spouses on an equal playing field. Each of you will know what the petition says and you will each have a hand in completing it and filing it. The process of divorce and legal separation is often met with suspicion and confusion. In filing a joint petition, you can eliminate the mystery and create certainty. You will know when it is filed and you will each will contribute to the costs to have it filed. In using a joint petition you can also avoid the need to have the other spouse “served” with the divorce or legal separation filing. You do not need to serve the other spouse because both spouses filed together and each will know what the joint petition contained.

So how do you filing jointly? Here is a link to the form for the joint petition if you have minor children https://www.wicourts.gov/formdisplay/FA-4110V.pdf?formNumber=FA-4110V&formType=Form&formatId=2&language=en . Here is a link to the form for the joint petition without minor children https://www.wicourts.gov/formdisplay/FA-4111V.pdf?formNumber=FA-4111V&formType=Form&formatId=2&language=en .

Spouses work together to gather the information necessary for the petition and they work together to complete it. Both spouses need to sign the petition. Once you have it completed and signed it needs to be filed in the County where you reside. Depending on your circumstance, you may need to include a Petition for Temporary Order, Financial Disclosure Statements, and locally-required documents, such as orders for parenting classes and scheduling orders.

Lots of people ask, what do we need to file? Here is a basic list of what you will need:

Full names
Dates of birth
Social security numbers
Current addresses and if children involved you may need past addresses
Date of Marriage
Location of Marriage
Information on any previous actions concerning the spouses for divorce, annulment or legal separation
Information on any prior marriages
If children involved, information on any present or past child custody or placement proceedings
Any prenuptial or postnuptial or written agreements of the parties

Attorney Kyle Kaufman and Attorney Ryan Kautzer specialize in divorce and legal separation actions. They can help you file a joint petition for divorce or legal separation.

Estate Planning and Powers of Attorney

Mon, 13 Jul 2020 18:19:09 GMT

Estate Planning and Powers of Attorney

The only guarantee in life is that nothing is guaranteed. That is why it is never too early to plan for your future and to account for any potential incapacity that may befall you. It may seem morbid to plan for your death or incapacity, but it is vital to have a plan in place for when it happens. Whether you are 18 years old or 80 years old, executing a simple will and powers of attorney can protect you and your assets in the event you become incapacitated or suddenly pass away.

By executing a simple will you ensure that your children and family are provided for. You can also direct where you would like your hard earned money and assets to go and to whom. Without a will, your estate may be distributed in a way contrary to your wishes as the default distribution is directed by intestacy statutes.

Powers of attorney allow you to appoint a person to make healthcare and financial decisions for you if you reach point when you are otherwise unable. This is especially important for 18 year olds who often move away from home for work, college or the military. Healthcare and financial powers of attorney allows them to elect a person to make decisions for them and to be properly cared for. Often a power of attorney is a family member or close friend with whom you have a close relationship and understands your wishes with respect to medical treatment and end of life care.

Hawley, Kaufman & Kautzer, S.C. is ready to help you plan for your future.

10 STEPS FOR GETTING A DIVORCE OR LEGAL SEPARATION

Thu, 09 Jul 2020 13:56:14 GMT

10 STEPS FOR GETTING A DIVORCE OR LEGAL SEPARATION

1. Decide on a joint petition or not. A joint petition for divorce means that you and your spouse will complete the Petition together. If you do not file the Petition jointly, then only one spouse completes the petition and files it. The advantage of a joint petition is that the filing fee is shared and each spouse knows what is happening. The disadvantage of one spouse filing the Petition is that the filing spouse pays the filing fee and the respondent (the spouse who is not filing the Petition) is not aware of what is going on.

2. File the summons and petition or joint petition with the Clerk of Circuit Court in the county where you reside. This filing of the petition starts the action and timeframe for when you can receive a judgment of divorce or legal separation.

3. Request a Temporary Hearing if you need it. A temporary hearing occurs before the Family Court Commissioner and is designed to address the issues of child custody, child placement, child support, use of the family residence, use of automobiles or other personal property, payment of bills and payment of maintenance or spousal support. I recommend requesting a temporary hearing in almost every case. Emotions are high in divorce and spouses do things to each other all the time that may have a negative impact on the marital estate or the children. A temporary hearing guarantees that you will get some orders protecting the marital estate and your children.

4. Request a date and time for a pretrial conference. At the time of filing the petition make sure that the Clerk of Circuit Court assigns you a court date for a pretrial conference with a circuit court judge. At a pretrial conference the court will pick a date for a final divorce hearing. If a date is not assigned you have no end to work toward and your case will very slowly progress. Although there are some judicial systems to make sure that cases are adequately addressed and closed, there really is no monitoring of your case. The best practice is to request a pretrial conference date to make sure the case is progressing.

5. Serve the other spouse with the summons and petition and all the other necessary forms that are required. A qualified attorney can tell you the exact forms that need to be served and how to serve the forms. Once the other spouse is served, proof of service must be filed with the Clerk of Circuit Court. If you fail to serve the other spouse, that spouse is lacking “notice” of the proceedings and as a result you will not be able to obtain a judgment.

6. Attend a Temporary Order Hearing. When you request a temporary hearing you will be given a date and time to appear before a family court commissioner. At the hearing you can provide evidence in support of your position to obtain orders protecting the marital estate and your children. Often times two spouses will agree on temporary matters and the family court commissioner will accept the agreement if it is fair and equitable to the parties and if it serves the best interests of the children. If spouses do not have an agreement, an evidentiary hearing will be held and orders will be made by the family court commissioner. Parties need to prepare for this hearing as any order made will impact you for the foreseeable future. All too often a party assumes they can walk into the courtroom and simply explain their position. It is much more than that and you have to be prepared. If you fail to do so, a party is often times left feeling disappointed with the outcome.

7. If the parties have children make sure to attend any required parenting programs and complete and file a parenting plan. The Clerk of Circuit Court, at the time of filing the petition, will give information on whether the parties need to attend a parenting program. The filing party will be given the information and is required to serve the opposing spouse with the parenting program information. A parenting plan is critical to the process and it must be filed or there could be significant consequences, such as losing the ability to object to the other spouse’s parenting plan. For more analysis on parenting plans please see my earlier blog entry: https://www.hkklawoffices.com/what-is-a-proposed-parenting-plan-in-wisconsin

8. Complete paperwork and file it prior to the final hearing. This includes a marital settlement agreement, a financial disclosure statement, vital statistics form and the findings of fact, conclusions of law and judgment of divorce. Anyone of the attorneys at www.hkklawoffices.com can help you with the forms and explain them to you.

9. Attend the final hearing. This is an evidentiary hearing where you must present your case to the court official, whether there is an agreement or not. If there is no agreement, there is a substantial amount of information that must be provided to the Court in order for you to achieve your desired outcome.

10. Tie up loose ends. After the judgment is granted steps may need to be taken to divide retirement accounts and bank accounts. You may need to prepare and sign deeds to transfer real estate. Essentially, title to property has to be properly assigned and transferred. This can be cumbersome and many times spouses are simply relieved “to be done” with the court process. I call this the extra mile. Finish the race and cross the line by seeing through the completion of these items. If you fail to do so, you never actually cross the finish line and you will not experience the medal. If you fail to finish in divorce or legal separation you may find out later that you do not have ownership of funds or real estate. Make sure that a qualified attorney helps you all the way through the end.

5 Reasons to Hire a Divorce Attorney

Mon, 06 Jul 2020 14:32:40 GMT

Here are 5 great reasons to hire a family law attorney to help you.

Reason #1 – Divorce is serious business

A divorce is effectively a lawsuit between you and your spouse for the right to see your children and the right to divide everything that you own. For most people, that is life. What else is more important than your children, and the right to possess your property and handle your finances? All too often people take the divorce process lightly. They discover, after judgment, that the settlement did not turn out fairly. It is very difficult to get back into court to make changes to the divorce judgment. Many of the provisions, by law, cannot be changed at all. A divorce attorney specializing in divorce law and all its aspects. A divorce attorney can give you critical advice that is necessary for your present and future right to your children and finances. My client’s often tell me that my advice and counsel helped tremendously.

Reason #2 – You cannot trust your estranged spouse, but you can trust your attorney

An attorney has a fiduciary duty to represent you. That means our loyalty is to you and no one else – not your spouse, not the courts, not the opposing attorney. Our job is to give you relevant and helpful guidance and advice. We will tell you if the options on the table concerning child custody, physical placement, maintenance, child support and property division are fair and equitable. When spouses split up and start the divorce process their loyalties to each other fade. As loyalty fades, self-interest takes over. You can bet that your estranged spouse is thinking about what is best for him or her and not what is best for you. Our job is to make sure we are thinking about what is best for you.

Reason #3 – Attorneys can find financial information that your estranged spouse is hiding

Most people ask their spouse about finances and they accept the answer received as if it is truth. In fact, many times, spouses hide financial information from each other. An attorney’s job is to help you discover as much as possible about the marital estate. This includes all information pertaining to the assets, debts, liabilities, and expenses of both spouses. For example, many clients will tell me that their spouse told them that they do not have a pension. While pensions may be a thing of the past, we routinely discover that a spouse has an interest in a pension. We discover that by digging deeper than a client would do and most other attorneys. Our point is not to brag, but simply to state that we will search out the truth and not be satisfied until we have looked under every stone.

Reason #4 – Attorneys know how to present relevant evidence

Many clients hire me after they tried to explain their case and were denied the ability to do so. This is mostly because people believe they can come to a courtroom and simply explain their position. No way. Rules of evidence apply no matter if you are represented by an attorney or not. We prepare your claim by listening to your story. We gather documentary evidence and we talk to witnesses. We will present your case following the rules of evidence, making sure that all relevant information about your children and finances is presented to the court so that a fair and equitable decision can be made.

Reason #5 – Divorce attorneys understand the emotional strain of divorce

Friends and family are great resources during the divorce process, but they do not understand the legal aspects of marriage and divorce. While well meaning, family and friends can give advice that negatively impacts your divorce. Sometimes friends and family are dealing with loss from the divorce just as you are, and as a result, they may not give sound advice. Divorce attorneys are really good listeners. We react to your needs and wishes. Because we handle so many divorces, we can identify when our clients are making sound judgments and when they are clouded by emotion. Our job is to bring you back to center to make sure you are making decisions grounded in fact and law and not just one of the two.

Hawley, Kaufman & Kautzer, S.C. can help you with your divorce.

What is a Financial Disclosure Statement and Why is it Important to You?

Fri, 26 Jun 2020 19:39:10 GMT

In family law actions involving children you will probably be required to complete and file a Financial Disclosure Statement. Very basically, a Financial Disclosure Statement is an accounting of all your income, assets, debts and expenses. It is designed to put the other party to the action and the Court on notice of your current financial status.

Here is a link to the form so you can see what it looks like. https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormName=&FormNumber=FA-4139V&beg_date=&end_date=&StatuteCite=&Category=&Language=&Format=

I am surprised at how careless people are about their finances. One of our goals at our law firm is to help you become interested in your finances. We want you to have a financially viable lifestyle. In our minds, that starts with you. Quite frankly, you have to care more about your money than we do.

When you work with us we will take a deep dive into your finances. The benefit is that you will learn more about your money habits and what you will need to provide for your children and your lifestyle.

It is important to be detailed and thorough. This builds credibility in the case. The Judge and the other party will have less suspicion and doubt about your money if you provide clear and concise information.

We help to prepare an accurate financial statement by gathering all the facts and documents you need. We will assist you in computing your income and deductions. We will help to determine your monthly expenses and debts.

Typically, the preparation of a financial statement is overwhelming, especially when parents are living through an emotional time and trying to parent, work and care for themself. So, that is where we see our role. To help you.

This is all important to the overall goal of achieving a positive outcome in your case and to your life. We want the courts to make orders that are fair and the only way to do that is to give the court accurate and complete financial information.

The attorneys at Hawley, Kaufman & Kautzer, S.C. can help you.

How to Incur Less in Attorney Fees in Divorce, Legal Separation, Paternity Actions and Child Custody Matters

Tue, 23 Jun 2020 13:27:02 GMT

We get it, no one desires to spend money on legal fees. Depending on your situation, the legal process can be expensive. You get what you pay for. The attorneys at Hawley, Kaufman & Kautzer, S.C., work really hard on your case. We are deserving of getting paid for our legal services.

We do offer advice for you to help keep legal fees to a minimum.

Read what we give you. Take the time to read. We give you the information for a reason. Contact us after you have read the information so that we can discuss your questions or concerns. Because you read the information we provided, we will spend less time discussing matters.
Provide us with information that we need from you. This may include biographical information and financial documents, among other things.
If you cannot find the information we need, tell us and we will explain your options. We can get the information for you. This keeps costs down because we do not have to seek delays or adjournments in order for you to track down the stuff we need.

Depending on the family law action, the Wisconsin Statutes require you to file a Financial Disclosure Statement. I have included a link for you so that you can read and understand all the information that is needed. We will help you to complete the Financial Disclosure Statement. We work closely together to get it prepared correctly and filed with the court. https://www.wicourts.gov/formdisplay/FA-4139V.pdf?formNumber=FA-4139V&formType=Form&formatId=2&language=en

You are probably overwhelmed and wondering when you will have time to gather information and complete the Financial Disclosure Statement. I totally understand.

I do this thing where I commit 6 minutes to a project at a time. I’m a divorced dad, now remarried, with a complex law practice. I needed to figure out a way to start and balance projects. You will be amazed by how much progress you will make by committing just 6 minutes to a project.

For example, I commit 6 minutes daily to reading a book for pleasure. If I find that I can devote more time to it, I do, but if not, I am satisfied with the 6 minutes of reading I did today. Believe me, 6 minutes is better than no time at all. The trick is the habit and routine. Since I started, I now read every day. So annually I read at least 2190 minutes, which is 182.5 minutes per month or 42.11 minutes per week. The compound effect is amazing, and for me, when sometimes starting a project is the biggest obstacle, the commitment to 6 minutes is an easy entry point.

Give it a try. Set your phone timer for 6 minutes. Focus on the words and when 6 minutes are up, put it down. Come back to it the next day. Who knows, you may even complete the project in 6 minutes.

U.S. Supreme Court protects L.G.B.T. workers

websitebuilder@thryv.com — Fri, 19 Jun 2020 14:04:33 GMT

On Monday, the United States Supreme Court ruled that the Civil Rights Act of 1964 protects gay and transgender individuals from workplace discrimination. In Bostock v. Clayton County , Justice Neil Gorsuch wrote the majority opinion stating “An employer who fires an individual merely for being gay or transgender defies the law.”

The question of the case centered on the meaning of Title VII of the Civil Rights of 1964. That section of the law prohibits employment discrimination based on race, religion, national origin, and sex. The Court had to decide whether discrimination because of sex applied to gay and transgender workers. In finding that it did, Justice Gorsuch wrote, “It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex.”

Prior to the Court’s decision, it was legal in more than half the states to fire workers because they are gay or transgender. This decision allows people who claim to have been discriminated based on their sexual orientation or gender identify to file lawsuits against their employers.

The complete decision can be found at www.supremecourt.gov or by clicking the link above.

What is a Proposed Parenting Plan in Wisconsin?

Fri, 19 Jun 2020 14:02:54 GMT

Unless the court orders otherwise, a Parenting Plan is required to be filed in family law actions. Whether you are a party to an annulment, divorce, legal separation or paternity action, any time that legal custody or physical placement is contested, you will have to file a parenting plan.

You need to give the court and the other party notice of what you are proposing for your child. You must focus on legal custody decisions and physical placement of your child.

If you fail to timely file a parenting plan you may suffer significant consequences. If you do not timely file, the parenting plan the law states that you actually waive your right to contest the other party’s parenting plan. I cannot think of any more motivating reason to timely file a plan. If you do not file a parenting plan timely a court may adopt all aspects of the other party’s parenting plan.

When we work with clients in family law actions involving children, one of the first things we do is to help our clients complete and file a parenting plan.

A parenting plan must have purpose and meaning. This requires, you, as the parent to think critically about what is best for your child and to come up with a program that serves your child’s best interests.

We encourage you to close your eyes and free your mind for six minutes. Use that time to think about your child, and focus on simple questions, such as who, what, where, when, why and how. Your goal as a parent is to develop a great program for your child. A program that makes sense.

We will help you to complete the parenting plan by answering all the specific questions and topics that are necessary for the completion of the plan. We cannot stress how important it is for you to include detail in your plan. Courts will respect and give more credibility to a proposed parenting plan that is well thought out and detailed. The plans that are general, that include language like, “50-50” or “shared” or “we will figure out holidays later” simply are not specific. If you generalize, you are telling the court that you have not thought about it, and possibly that you do not care.

We find that our clients care about their children. Our job as divorce and child custody attorneys is to help you detail your parenting plan so that your children’s best interests are served.

One of our favorite things to do as divorce and child custody attorneys is to help our clients write, review and refine a parenting plan. We help you to get it right and to get it filed on time.

I have included a link to the proposed parenting plan form that Wisconsin courts use. Use the link to read the parenting plan form so that you understand all the questions and topics covered.

https://www.wicourts.gov/formdisplay/FA-4147V.pdf?formNumber=FA-4147V&formType=Form&formatId=2&language=en

I am also including the Wisconsin Statute Section that lays out the law concerning parenting plans and the requirements of a parenting plan.

Wisconsin Statute Section 767.41(1m) states as follows:

(1m)  Parenting plan. Unless the court orders otherwise, in an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s.  767.001 (1) (e) ,  767.501 ,  767.804 (2) , or  767.805 (3) , in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court if the court waives the requirement to attend mediation under s.  767.405 (8) (b) or if the parties attend mediation and the mediator notifies the court under s.  767.405 (12) (b) that the parties have not reached an agreement. Unless the court orders otherwise, the parenting plan shall be filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that no agreement has been reached. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

NOTE: Sub. (1m) (intro.) is shown as amended eff. 8-1-20 by  2019 Wis. Act 95 . Prior to 8-1-20 it reads:

(1m) Parenting plan. Unless the court orders otherwise, in an action for annulment, divorce, or legal separation, an action to determine paternity, or an action under s. 767.001 (1) (e), 767.501, or 767.805 (3), in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court if the court waives the requirement to attend mediation under s. 767.405 (8) (b) or if the parties attend mediation and the mediator notifies the court under s. 767.405 (12) (b) that the parties have not reached an agreement. Unless the court orders otherwise, the parenting plan shall be filed within 60 days after the court waives the mediation requirement or the mediator notifies the court that no agreement has been reached. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

(a) What legal custody or physical placement the parent is seeking.

(b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s.  940.19  or  940.20 (1m) , or domestic abuse, as defined in s.  813.12 (1) (am) , with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

(c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s.  940.19  or  940.20 (1m) , or domestic abuse, as defined in s.  813.12 (1) (am) , with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

(d) Who will provide any necessary child care when the parent cannot and who will pay for the child care.

(e) Where the child will go to school.

(f) What doctor or health care facility will provide medical care for the child.

(g) How the child's medical expenses will be paid.

(h) What the child's religious commitment will be, if any.

(i) Who will make decisions about the child's education, medical care, choice of child care providers and extracurricular activities.

(j) How the holidays will be divided.

(k) What the child's summer schedule will be.

767.41(1m)(L)

(L) Whether and how the child will be able to contact the other parent when the child has physical placement with the parent providing the parenting plan, and what electronic communication, if any, the parent is seeking.

(Lm) Whether equipment for providing electronic communication is reasonably available to both parents.

(m) How the parent proposes to resolve disagreements related to matters over which the court orders joint decision making.

(n) What child support, family support, maintenance or other income transfer there will be.

(o) If there is evidence that either party engaged in interspousal battery, as described under s.  940.19  or  940.20 (1m) , or domestic abuse, as defined in s.  813.12 (1) (am) , with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

Contact Hawley, Kaufman & Kautzer, S.C. for your family law needs.

Hawley, Kaufman & Kautzer is excited to announce its newest member, Attorney Jacob Birenbaum

websitebuilder@thryv.com — Tue, 01 Aug 2017 13:34:50 GMT

Hawley, Kaufman & Kautzer is excited to announce its newest member, Attorney Jacob Birenbaum, who graduated from Marquette University Law School this past weekend and was sworn in with his classmates on Monday!

Attorney Kaufman successfully helped a client in a time of crisis. Here is a thank you note he received from his client and his client’s family. Attorney Kaufman always promises to give you his best. While local, we think BIG. Hawley, Kaufman & Kautzer, S.C.

Attorney John Hawley was recently featured in the Gargoyle, the alumni magazine of the University of Wisconsin Law School. The article contains lots of nice tidbits, including the name of Attorney Hawley’s favorite lawyer of all time. Here is the link to the article for your enjoyment:

The U.S. Supreme Court denied General Motor’s request for review, creating an opportunity for additional GM ignition switch victims to hold GM accountable. Did you know that Hawley, Kaufman, and Kautzer can help you or your family to seek compensation for personal injuries related to GM ignition switch victims? We also help others get compensation for injuries related to automobile accidents, asbestos exposure, and products liability. While local, we think big. Call us if you need help.

A Drive to Serve — Sheboygan County

websitebuilder@thryv.com — Sat, 01 Jul 2017 13:39:36 GMT

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