Family and Divorce
Milwaukee Family and Divorce Attorneys
At Padway & Padway Law Offices, we understand how difficult and personal the end of a marriage can be. Our goal is to provide clear, steady guidance and help you find a resolution that enables both parties to move forward. We understand the magnitude of the situation and the trust you’ve place in our firm. We embrace the challenge, honor the relationship, and work hard to get the result you deserve.
Divorce
Child Custody and Placement
Often, the most important decisions during a divorce are the ones concerning the children, specifically placement and custody.
Child placement refers to the physical time the child spends with each parent. There are a variety of factors that go into deciding a placement schedule for a child, however courts generally aim to maximize the amount of time each parent gets. When creating a placement schedule, it is important to clearly define plans to avoid any miscommunications in the future. At Padway & Padway Law Offices, we use our more than 80 years of experience to make this process as smooth as possible.
When a parent has Legal Custody, it means they have the right and responsibility to make major decisions for the child. In Wisconsin, it is presumed that joint legal custody is in the best interests of the child. Joint legal custody means both parents share this decision making authority and neither parent’s legal custody rights are superior. However, there are exceptions to this presumption under certain situations, in which case one parent is awarded sole legal custody. Even if one parent has sole legal custody, it does not mean that the other parent does not have visitation rights.
Child Support & Spousal Maintenance
Every parent has an obligation to support their child. In Wisconsin, Child Support is based on the placement schedule and the incomes of the parents. Even when parties share legal custody, one party may still need to pay child support based on the placement schedule. The purpose of child support is to maintain the economic level the child would have enjoyed had there been no divorce. You can still be required to pay child support even if the parents of the child were never married.
In Wisconsin, Maintenance or Spousal Maintenance is payment made by one party to another following an annulment, divorce, or legal separation. There are several factors that courts consider when deciding whether or not to grant spousal maintenance, but a court is only required to consider the individual factors relevant to the case in front of them.
Property Division
Wisconsin is a community property state, meaning in general the assets acquired during the marriage are split evenly between both parties. There are exceptions for individual property, such as gifts and inheritance received both prior to and during the marriage. Sometimes if individual assets are co-mingled, they can be hard to untangle during a divorce and then become communal property.
Paternity
When two unmarried individuals have a child, it is important to protect the rights of both the parents and the child through a paternity case also known as a paternity acknowledgment. A parent must first establish paternity before they will be granted legal custody or periods of placement. Establishing a paternity also protects the rights of the child to inheritance and a guardian should the other parent die unexpectedly.
Post-Judgment Motions
Circumstances can change in the years following the completion of a family law case. Sometimes, the changes are significant enough that they need to return to court and file what is known as a post-judgment motion. When one party brings a post-judgment motion, the burden is on the moving parties to show there has been a substantial change. Another reason parties may need to return to court is if one party intentionally refuses to comply with a court-ordered obligation. If you believe you are entitled to bring a post-judgment motion , contact the experts at Padway & Padway Law Offices and we will help you evaluate your situation and determine the best next steps.
