Brookfield Family Law Blog

How a collaborative divorce can benefit your children

Maintaining the health of a marriage is a complex task that is difficult to achieve, especially when children are involved. Happy marriages depend on a balance of countless factors, some of which can be worked on, and others that can lead to the breakdown of a marriage.

If you are facing the breakdown of your marriage in the state of Wisconsin, you may be wondering about the different options when it comes to divorce. It is particularly important to have a smooth divorce process if you have children because conflict between parents is not good for emotional development.

Explaining what child support covers

Asking the other parent of your child to pay child support is not as easy as it might seem. The other parent might deny this request to the point where you have to take them to court in order to receive payment. Once you wind up receiving payments it's important to know what it can be used for when caring for your child. Below are the most common uses for child support.

The most important uses for child support are the basic necessities. The money should be used first to feed, clothe and house your child -- so there's nothing prohibiting you from using child support to pay for things like rent, utility bills and food. It doesn't matter that you also benefit from these expenses.

Smart ways to use spousal support payments

Receiving spousal support payments comes with getting a divorce. There are times when the judge will rule that neither divorcing spouse has to make these payments. It's a rare occurrence, but it does happen. So, what should you use spousal support payments for in Brookfield, Wisconsin? Let's take a look at some smart uses for spousal support payments in today's post.

Making sure that you and your children have a place to live should be number 1 on the list of smart uses for spousal support payments. Use the money to cover monthly rent or pay the mortgage, if you have one. This should be a priority above all else.

How to tell when you need a postnup

Couples often believe that if they didn't sign a prenuptial agreement prior to the marriage, it's too late to remedy the situation. That's not the case, as postnuptial agreements are also an option.

You may wonder why you need a postnup when you never bothered with a prenup. But marriages are fluid, organic and complex. The terms (or lack thereof) that were sufficient at the time you got married may no longer be so. You may now be able to negotiate for terms that are more favorable to you.

There are 2 types of joint custody

Your spouse asks for a divorce. Your first instinct is simply to say that you want to get joint custody of the kids. After all, as a parent, you desperately do not want those relationships to fall apart, even if your marriage is over.

However, do you know exactly what you are asking for? Do not make the mistake of assuming that joint custody means the same thing to everyone.

What assets are subject to split during divorce proceedings?

Wisconsin constitutes one of the nine states that follow community property laws during divorces. These laws, compared to the other divorce process under equitable distribution, work to divide marriage assets into a 50/50 split. The court will look at all assets of a married couple and determine whether property constitutes individual or community property, and in doing so, the court can ensure that spouses receive their rightfully owned separate assets, as well as half of their marital assets.

Passed in 1986, the Marital Property Act, or community property law, helps ensure that one individual spouse does not prove detrimentally affected by divorce filings and asset splits. Community property laws recognize that both spouses contributed to the marriage, even if one spouse worked while the other raised children.

How can you move forward after divorce?

You and your spouse are planning a collaborative divorce, so you hope things will go smoothly because you're willing to work together. What really worries you, though, is life after divorce. You planned on staying in this marriage for life. That is not going to happen. How do you move forward?

One potential option is to invest your energy in things that you loved as an individual, before you got married. For instance, perhaps you loved to travel, but you had to curtail your trips because of your spouse's work schedule. Once the divorce is over, take a trip by yourself and rediscover how exciting travel can be.

What can prenups do for business owners?

Planning for the future is very important for business owners. This includes making preparations to help address and prevent future challenges for their company.

One thing that could be disruptive for a business is a big change in an owner’s personal life. One of the biggest examples of this is divorce. What happens in an owner’s divorce can have long-lasting impacts on a company.

Lost your job? Revisiting your child support payments

Your child custody arrangement does not suit your situation anymore. Perhaps you were just notified that your position will be terminated at your company. Without income, how will you pay child support, or even support yourself?

In Wisconsin, modifying child support requires a judge to understand multiple elements through a court order. If the order is granted, the judge will determine that a change in payment proves equal and valid for all parties involved. Most importantly, the court will ensure that you and your former spouse provide financial care for your children.

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