Case Law Friday

Family law attorneys at Sterling Lawyers frequently get asked by parents if they can move out of Wisconsin with their child. The answer is pretty straight forward. You can’t do this unilaterally. If you need to or wish to move out of the state of Wisconsin, and more than a 100 miles away from the other parent, you’ll need to file a motion with the court. Attorney Austin Miller explains how this process is handled by the courts.

In Wisconsin, moving within close proximity or county is usually not considered a relocation. Any move over 100 miles will require a relocation motion to be filed with the court. Any move under 100 miles that will make the placement schedule impractical will also require you to file a motion.

After a divorce is final, you can usually remove your ex spouse from the life insurance policy unless a court orders otherwise to secure support payments.

When a divorce is finalized and you change your mind, there's not much you can do. However, if you're int he early stages of divorce, you can ask the court to look at a "significant life change" to determine if changes can be made or you can request to withdraw your petition.

Attorney Latrice Knighton of Sterling Lawyers explains how the landmark case Vander Perren v. Vander Perren sets the precedent for how the court rules on how maintenance can be reduced or terminated by the courts years later after the divorce was settled.

Dealing with debt in a divorce is similar to how courts deal with assets. Attorney Latrice Knighton of Sterling Lawyers answers questions we often hear concerning dealing with the division of divorce debt.

In Wisconsin, child support is determined by placement and not custody. Child support is calculated from the amount of overnights a parent has with their children. Attorney Austin Miller of Sterling Lawyers explains how people often confuse custody and placement and why the better place to start when calculating child support is to first determine placement.