Capital Law Group, S.C. Capital Law Group, S.C.2026-07-28T16:03:02Zhttps://www.wi-atty.com/feed/atom/WordPress/wp-content/uploads/sites/1104274/2025/01/cropped-Fav-icon-new-32x32.pngOn Behalf of Capital Law Group, S.C.<![CDATA[Can your retirement savings survive bankruptcy? ]]>https://www.wi-atty.com/?p=487302025-03-14T08:46:45Z2025-03-14T08:46:45ZMany people fear losing their retirement savings when filing for bankruptcy. The good news is that federal law protects most retirement accounts. This protection means you can get a fresh financial start without putting your future at risk.
What counts as a protected retirement account?
Federal bankruptcy law shields most tax-exempt retirement funds. Here are the main retirement accounts that get protection:
Traditional and Roth IRAs (up to $1,512,350)
401(k) plans
403(b) plans
Defined benefit pension plans
Profit-sharing plans
Money purchase plans
SEP IRAs
SIMPLE IRAs
These protections help you keep your retirement funds safe during bankruptcy.
Rules you must follow to keep your retirement safe
Several key rules affect how your retirement accounts stay protected:
Your money must be in the retirement account before you file bankruptcy.
Don't mix retirement funds with other money.
The court will check any significant deposits made right before filing.
Once you take money out, it might lose its protection.
You must tell the court about all your retirement accounts during bankruptcy. Taking money out of these accounts to pay bills before filing might be costly. These funds could have stayed safe through the whole process. The rules about retirement accounts and bankruptcy can get tricky. Some actions that seem helpful cause problems later. A bankruptcy attorney can review your retirement accounts and help you make smart choices about protecting your future. They'll ensure you follow all the rules while keeping as much of your retirement savings as possible. ]]>On Behalf of Capital Law Group, S.C.<![CDATA[Understanding the 3 leading causes of divorce]]>https://www.wi-atty.com/?p=478622025-02-27T08:28:52Z2025-02-27T08:22:54ZOn average, couples in the United States divorce after eight years of marriage. And while every relationship is unique, research has revealed common patterns that often lead to the dissolution of marriage.
Whether you are facing challenges in your own marriage or simply want to strengthen your bond with your spouse, recognizing these issues can be eye-opening. Here are the three most prevalent reasons why couples in America decide to end their marriages.
Infidelity
Cheating is a painful experience that can shake the very foundation of your relationship. Aside from trauma, it can lead to the loss of trust and respect, which can be difficult to overcome in any relationship. If you are dealing with infidelity in your marriage and are considering divorce, it is important to understand how infidelity might affect your legal situation. In Wisconsin, a no-fault state, cheating does not impact property division during divorce. However, it may affect child custody decisions as courts prioritize children’s well-being. They will look into how a parent’s infidelity and any resulting new relationships impact the children.
Abuse
In recent years, there has been a rise in divorces initiated by women. This trend coincides with growing awareness and protests against domestic violence nationwide and globally. Movements such as #MeToo have empowered many women to take a stand against abuse and seek help.
Financial conflict
If you and your partner have different spending habits, financial priorities or debt levels, it can create a tense environment in your own home. For instance, if one partner has significant debt, it can develop a sense of burden and responsibility for the other partner, leading to resentment. When you leave financial problems unaddressed, it can seep into other areas of your life, causing communication to break down and intimacy to suffer.
Beyond the tipping point
Divorce is rarely a simple decision. Many find themselves struggling with different challenges until they reach a breaking point. If you are facing these difficulties, remember to acknowledge the complexities of your situation. By doing so, you can lay the groundwork for a healthier future, whether that means working on your marriage or moving forward separately.]]>On Behalf of Capital Law Group, S.C.<![CDATA[Can your spouse divorce you for losing your job?]]>https://www.wi-atty.com/?p=478602025-02-14T15:24:14Z2025-02-14T15:24:14ZDoes Wisconsin allow divorce for job loss?
No, Wisconsin doesn't allow divorce solely because of job loss. The state follows a "no-fault" divorce system. This means it is not necessary for you to prove that your spouse made a mistake in getting a divorce. Key points about Wisconsin's no-fault divorce:
You can't cite job loss as a reason for divorce
The court doesn't consider fault when granting a divorce
You or your spouse can file for divorce without the need to prove wrongdoing
In Wisconsin, the only ground for divorce is that the marriage is "irretrievably broken." Job loss alone doesn't meet this standard.
How does job loss affect divorce proceedings?
While job loss isn't grounds for divorce, it can impact divorce. Your employment status may influence decisions about:
Property division: With Wisconsin as a community property state, the court aims to divide marital property equally. Your job situation might affect how the court divides your assets.
Alimony: You might be eligible for spousal support if you're unemployed. The court considers factors like your earning capacity and the length of your marriage.
Child support: Your ability to pay child support may change if you lose your job. The court can modify existing orders based on your new financial situation.
Your employment status is just one factor the court considers during divorce proceedings. Each case is unique, and the outcome depends on your specific circumstances.
What should you do if you're facing divorce and unemployment?
Dealing with job loss and potential divorce is challenging. You might feel overwhelmed by legal and financial concerns. An attorney can help you with your options. They can explain how Wisconsin's laws apply to your situation and guide you through divorce. You can make informed decisions about your future, even in difficult times, with proper legal advice.]]>On Behalf of Capital Law Group, S.C.<![CDATA[What happens if your ex-spouse denies you child visitation?]]>https://www.wi-atty.com/?p=478072025-01-28T07:47:14Z2025-01-28T07:47:14ZNavigating child visitation can be challenging, especially if your ex-spouse is not cooperating. In Wisconsin, parents have the right to spend time with their children unless a court order states otherwise. If you believe your ex denies you visitation, it’s essential to recognize the signs and know your legal options.
Accidental or intentional denial of visitation?
Sometimes, a parent may subtly deny visitation rights, making it harder to identify. Recognizing these signs can help you address the issue promptly.
Frequently cancels scheduled visits without a valid reason
Your child is consistently unavailable during your visitation time
Your ex makes last-minute changes to visitation plans
Prevention from attending your child’s events or activities
Your ex influences your child to refuse visits
These behaviors can indicate an attempt to undermine your visitation rights. Addressing them early can prevent further conflict and protect your relationship with your child.
What to do if your ex says no
If your ex denies you visitation, take action to protect your rights. Document each instance of denial, including dates and reasons given. Communication records, such as texts or emails, can support your case. Next, consider reaching out to a legal professional. They can help you understand your rights and guide you through the legal process. To enforce your visitation rights, you may need to file a motion with the court. The court can intervene to ensure your parenting time is respected.
Protecting your parental rights
Child visitation issues can strain family relationships, but you can take steps to maintain your bond with your child. You can work towards a resolution by recognizing signs of refusal and taking appropriate action. Remember, the law supports your right to be part of your child’s life. ]]>On Behalf of Capital Law Group, S.C.<![CDATA[Can bankruptcy eliminate medical debt?]]>https://www.wi-atty.com/?p=478052025-01-16T12:29:58Z2025-01-16T12:29:58ZUnderstanding bankruptcy and medical debt
Bankruptcy is a legal process designed to help individuals and businesses resolve their debts when they can no longer meet their financial obligations. It is a complex area of law, and its impact on medical debt depends on the type of bankruptcy filed and the specific circumstances.
Two common types of bankruptcy for individuals are Chapter 7 and Chapter 13. In Wisconsin, Chapter 7, also known as liquidation bankruptcy, allows debtors to eliminate certain dischargeable debts, including medical bills. This means you are no longer legally obligated to pay them.
With Chapter 13 bankruptcy, you will be creating a repayment plan to address debts over a 3-5-year period. While this option may not completely eliminate medical debt, it can make it more manageable.
Wisconsin law and your options
Wisconsin law adheres to federal bankruptcy guidelines, meaning if you qualify for Chapter 7 bankruptcy and receive a discharge, your medical debt can be eliminated. This includes bills from hospitals, doctors and even outstanding balances for treatments.
However, filing for bankruptcy has lasting implications. It can negatively impact your credit score, making it challenging to take out loans or lines of credit in the future. Plus, not all debts, such as student loans or certain taxes, are dischargeable in bankruptcy.
Do not hesitate to work with a legal professional when filing for bankruptcy. Your attorney can advise you on which bankruptcy chapter filing best suits your needs and how it will affect your medical debts.]]>On Behalf of Capital Law Group, S.C.<![CDATA[Enforcing a child support order: What you need to know]]>https://www.wi-atty.com/?p=477752025-01-07T09:50:21Z2025-01-07T09:50:21ZNavigating the aftermath of a divorce or separation can be challenging, especially when it comes to ensuring your child receives the support they need. If you're dealing with child support issues in Wisconsin, you're not alone. Many parents face similar challenges. Understanding how to enforce a child support order can be valuable for parents facing this issue. Whether you're trying to secure overdue payments or simply want to ensure compliance with the court's decision, this guide will provide you with the tools and knowledge you need.
What are your options?
Wisconsin law provides various methods to help ensure your child receives the support they deserve. Local child support agencies can be an invaluable resource, offering assistance and taking action on your behalf. Here are some common enforcement strategies:
One of the most effective methods is automatically deducting support payments from the non-paying parent's wages. This ensures regular, timely payments without the hassle of constant reminders.
If the non-paying parent is due a tax refund, the state can intercept these funds to cover unpaid child support.
Late payments may accrue interest, adding an extra financial incentive for the non-paying parent to settle their debt promptly.
The state can place liens on property or assets, preventing their sale or transfer until the debt is paid.
In some cases, the court may suspend the non-paying parent's driver's or professional licenses as a penalty for non-compliance.
Sometimes, missed payments result from genuine misunderstandings or financial difficulties. It's essential to communicate openly with the other parent and seek legal advice if needed.
The importance of enforcing a court order
Remember, taking action not only benefits your child but also establishes a clear path for both parents to fulfill their responsibilities. If you're facing challenges with child support enforcement in Wisconsin, it can be wise to contact local agencies or attorneys who can help you initiate the legal process.]]>On Behalf of Capital Law Group, S.C.<![CDATA[What does a guardian ad litem do?]]>https://www.wi-atty.com/?p=487312024-12-17T16:01:22Z2024-12-17T16:01:22ZWhat is a guardian ad litem?
A guardian ad litem (GAL) is a court-appointed attorney who represents the child's best interests in family law proceedings. Unlike a child's lawyer, who advocates for the child's wishes, a GAL conducts an independent investigation to determine the most beneficial outcomes for the child.
The GAL's duties include:
Interviewing the child, parents and relevant parties
These responsibilities help the court gain a complete picture of the child's situation from an unbiased viewpoint.
How GAL's influence family law cases
The guardian ad litem significantly shapes court decisions in Wisconsin family law cases. Their input often sways outcomes in matters like:
Child custody and placement
Visitation rights
Child support
Adoption proceedings
Abuse or neglect cases
While the GAL's recommendations hold weight, the judge decides.
Families involved in legal proceedings should cooperate with the GAL. Clear communication and truthfulness help ensure the GAL's report accurately portrays the family's situation and the child's needs. Parents should remember that the GAL works for the court rather than for them or their children. Their job focuses on providing objective information to help the judge make informed decisions.
Knowing the guardian ad litem's function in Wisconsin family law cases helps parents and caregivers. By recognizing the guardian ad litem's importance, families can better navigate the legal process. Whether in Madison or elsewhere in Wisconsin, the guardian ad litem plays a key role in the family court system, helping protect children's welfare during legal disputes.]]>On Behalf of Capital Law Group, S.C.<![CDATA[How to create a visitation plan in shared custody relocation]]>https://www.wi-atty.com/?p=477712024-12-04T05:33:55Z2024-12-04T05:33:55ZWhen a parent with shared custody plans to relocate, it creates a complex situation that affects the entire family. In Wisconsin, the law recognizes how crucial it is for children to maintain strong bonds with both parents, even when one moves away.
If you are the parent planning to move, it is your duty to develop a plan that allows your child to stay close to their other parent. This is not just a legal requirement but a vital step in supporting your child’s emotional well-being after their parents' divorce. Creating such a proposal requires careful thought, empathy and cooperation. You must considera wide range of factors, from logistical challenges and your child’s schedule to the non-relocating parent’s input. Here are three key elements that can form the foundation of your visitation plan.
Longer visits during holidays and school breaks
Extended visits during holidays and vacations allow for quality time and help maintain strong bonds between children and their parents. You might propose that your child spend the entire summer break or alternate major holidays with the non-relocating parent. These extended periods provide opportunities for meaningful experiences and create lasting memories.
Effective video visitation strategies
In today’s digital age, video calls can bridge the physical gap between a child and a distant parent. Set a schedule for these calls but allow for flexibility. You might suggest daily bedtime calls or longer weekend virtual visits. While this does not replace in-person time, courts recognize the value of virtual visitation in maintaining parent-child relationships.
Transportation assistance visiting parent
Your plan might include assistance with transportation expenses. If you can, you might propose covering airfare for your child’s visits or offering to share the driving responsibilities. Judges appreciate when relocating parents take the initiative inaddressing these practical concerns. It demonstrates your understanding of the financial impact of your move and your willingness to ensure continued access for the other parent.
Understanding the importance of quality time
As you create your plans for relocation, it is crucial to keep your child’s best interests at the forefront. Distance may change the frequency of parent-child interactions in a shared custody situation, but it does not have to diminish their value or impact. ]]>On Behalf of Capital Law Group, S.C.<![CDATA[Considerations for creating a Chapter 13 repayment plan]]>https://www.wi-atty.com/?p=477642024-11-18T16:31:03Z2024-11-18T15:56:46ZFactors to evaluate when developing a repayment plan
To create a Chapter 13 repayment plan, it is important to consider several key factors. These can help you develop a plan that aligns with your financial situation and goals. Among the factors to evaluate are:
Conducting income and expense calculations: It is crucial to accurately calculate your average monthly income and expenses to set a realistic payment amount. This includes accounting for necessities like rent or mortgage, utilities, food and other costs.
Prioritizing debts: Identify which debts to pay first, such as secured debts like mortgages and car loans and unsecured debts like credit card debt and medical bills. This can help ensure you will address the most critical debts first.
In addition, it is essential to gather all essential financial documents, including bank statements, pay stubs and tax returns. This can help you calculate your income and expenses and make informed decisions about which debts to prioritize.
Implementing your repayment plan
Further, it is vital to develop a strategy for making regular payments, including setting up automatic withdrawals or reminders to ensure timely payments. This can help you stay on track with the plan and avoid missed payments.
Aiming to regain control of your finances
Managing the complexities of your Chapter 13 bankruptcy case requires careful planning, and it can be challenging. By seeking the advice of an advocate, you may better navigate the legal process. Additionally, having legal guidance can help you safeguard your rights and interests as you aim to regain control of your finances and take the path to financial stability.]]>On Behalf of Capital Law Group, S.C.<![CDATA[How can Madison residents modify existing child support orders?]]>https://www.wi-atty.com/?p=487322024-10-30T16:15:16Z2024-10-30T16:15:16ZGrounds for modification
Wisconsin law allows child support modifications when there's a substantial change in circumstances. This could include:
It's important to note that the change must be significant and ongoing, not just a temporary fluctuation.
Steps to modify your child support order
If you qualify for any of the grounds for child support modification listed above, here’s what you need to do:
Gather documentation: Collect evidence of the change in circumstances, such as pay stubs, tax returns or medical records.
File a motion: Submit a formal request to the Dane County Circuit Court for a child support modification.
Serve the other parent: Ensure the other parent receives a copy of your motion and the court summons.
Attend the hearing: Present your case before a judge, who will decide whether to modify the order.
Follow the new order: If approved, adhere to the new child support arrangement as directed by the court.
Remember, child support modifications aren't automatic. You must continue paying the current amount until the court approves a change. If you're struggling to make payments, don't ignore the problem. Act promptly to seek a modification.
While you can certainly deal with this modification process on your own, consulting with a family law attorney in Madison can be helpful. They can guide you through the legal complexities and increase your chances of a favorable outcome.
By understanding the process and acting proactively, you can ensure your child support order remains fair and manageable as your circumstances change.]]>