Perspectives

First time fathers and mothers are sometimes surprised to learn the legal actions required to establish legal fatherhood or paternity in the state of Wisconsin. How paternity is established depends upon the martial status and age of the parents.

If the father and mother are married at the time the child is born:

It is legally assumed that the child is the biological child of the married couple and both parents have all the rights and responsibilities to care for and provide financial support for the child. …

In light of recent graduations, many child support obligors assume that their child support payments will automatically reduce upon their child’s graduation. However, if there are other children in the family still eligible for child support, the amount of child support will remain in effect unless the child support order provides for an automatic reduction due to emancipation, or the obligor brings a motion for modification. …

Most people may be surprised to learn that a father  has no legal rights to custody or  parenting time with his child if he was not  married to the child’s mother at the time of the child’s birth. In Minnesota, if a child is born to an unwed mother, the mother is the sole legal and physical custodian of the child. A father has to bring a legal action to obtain rights to custody and parenting time, even in cases where paternity is uncontested. …

Minnesota uses an income shares module to determine the appropriate amount of child support  each party shall pay for a child.  Child Support is comprised of 3 parts: basic support, medical/dental support, and child care. The amount of child support an obligor may be ordered to pay to the other parent depends on the combined gross income of both parents and the amount of court-ordered parenting time the obligor has with the child. The non-custodial parent, or parent with less parenting time, will pay the custodial parent child support. …

Minnesota’s child support guidelines are based upon an income shares model.  Both parents are expected to support their children in proportion to their respective gross incomes. To calculate the amount of basic child support, the gross monthly income for both parties is used. But what happens when one parent is unemployed or employed on less than a full-time basis? What happens when one party changes their income as a result of a career change or because they are returning to school? …

“I know I need to get a divorce, but I don’t know where to start.” This is the most frequent comment I hear from people after making the decision to get a divorce. Understanding the issues that are going to be determined and the law governing them is the best place to start. Divorces involve many decisions—children, finances, where to live, etc. An informed decision is always a better decision. The following is my “Top 5” list of things to know before commencing a divorce in Wisconsin; these are the big five issues decided in most divorce cases: …