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Divorce | Child Custody | Family Law

Wisconsin Supreme Court Clarifies Standard on Grandparent Visitation Rights

“We conclude that Wis. Stat. § 767.43 (1) does not require a grandparent, greatgrandparent, or stepparent who files a motion for visitation rights … to prove that he or she ‘has maintained a relationship similar to a parent-child relationship with the child,’” wrote Justice David Prosser in the majority opinion of the court.” For the full article, please click here:  http://www.wisbar.org/NewsPublications/Pages/General-Article.aspx?ArticleID=24744...

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Social Security Benefits Upon Divorce

“Your benefit as a divorced spouse is equal to one-half of your ex-spouse's full retirement amount (or disability benefit) if you start receiving benefits at your full retirement age. The benefits do not include any delayed retirement credits your ex-spouse may receive.”   A full summary can be found here: https://www.ssa.gov/planners/retire/divspouse.html...

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“Deadbeat parents” would lose food stamp benefits under Wisconsin GOP bill

  “A Republican lawmaker proposing to take away food stamps from Wisconsin parents who miss child support payments said Tuesday it would strengthen families, while opponents say they haven’t seen the evidence.”  For the full article, please click here:  http://www.jsonline.com/story/news/politics/2017/04/11/deadbeat-parents-would-lose-food-stamp-benefits-under-wisconsin-gop-bill/100343902/...

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Divorce and Credit Cards

“Credit card companies are not bound by divorce decrees, so they can pursue either spouse if credit card debt is not paid by the spouse who agreed to do so in a separation agreement.  The contractually bound spouse may fail to pay for many reasons, including bankruptcy. When such failure occurs, credit card companies may legally pursue the other spouse for the debt (plus interest and penalties).” The full article can be found here:  http://www.huffingtonpost.com/entry/divorce-and-credit-card-debt_us_58e28f26e4b09deecf0e18bc...

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Update on Supreme Court Military Pay Issue

“We often refer to the Supreme Court as a “hot bench”: Questions fly fast and furious from all the justices, often allowing the lawyers to get out only a few sentences (if that many) before fielding the next question. However, the bench that heard today’s oral argument in Howell v. Howell, a dispute over military retirement pay in a divorce, was more lukewarm than hot. Advocates for both sides had plenty of extended opportunities to speak – so much so that Adam Unikowsky, representing petitioner John Howell, only used a little more than half of his allotted 30 minutes during the...

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Supreme Court To Address Military Benefits In Family Law Cases

"The Uniformed Services Former Spouses’ Protection Act is a 1982 federal law that authorizes state courts to divide up military retirement pay in a divorce. Specifically, the law allows state courts to treat “disposable retired pay” as either the service member’s property or the property of both the service member and the member’s spouse, depending on state law." The full article can be found here:  http://www.scotusblog.com/2017/03/argument-preview-justices-consider-family-law-military-benefits/ ...

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Walker Appoints Next Racine County Judge

“Repischak has demonstrated not only a long history of service to the Racine County community, but also a strong dedication to the fundamental constitutional principles that will serve him well on the bench."  For the full article, please click here:  http://journaltimes.com/news/local/racine-county-judge-torhorst-to-retire-replaced-by-assistant-district/article_beb803b1-cbef-5d19-8bd9-e4db7e159fb9.html...

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Child Support and Public Benefits

“Walker’s reforms would re-establish the requirement that, as a condition of receiving FoodShare, custodial parents must cooperate with child support enforcement to establish paternity and a child support order for the absent parent, with common-sense exemptions for cases of domestic violence or child abuse.”  The full article can be found here:  http://patch.com/wisconsin/shorewood/foodshare-benefits-will-be-linked-child-support-paternity-compliance-under...

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