At the law office of Miller Legal Services, LLC, in Hudson, Wisconsin, we devote our practice to the representation of families in divorce and other family law matters. Our experienced lawyers are qualified and ready to protect your rights. Contact us to schedule a free and confidential consultation.
We have over 50 years of combined experience helping individuals and families with the following:
- Divorce and Legal Separation
- High Income and Significant Asset/Property Division
- Custody/Placement/Visitation
- Enforcement Actions and Restraining Orders
- Mediation/Collaborative Law/Alternative Dispute Resolution (ADR)
- Prenuptial/Postnuptial Agreements
- Domestic Partnerships and Living Together/Cohabitation
- Child Support and Children’s Rights
- Termination of Parental Rights and Adoption Matters
- Grandparent Visitation Rights and “Parental” Figure Visitation Rights
Because we understand the personal nature of divorce and family law disputes, the legal team at Miller Legal Services, LLC. provides close and personal attention to our clients with family law issues, including cases involving :
Divorce: Handling all matters related to divorce, including property division and spousal support. We are present from initial filing through trial and any post-judgment modifications. Though we are experienced trial lawyers, we know that litigation can be harmful to the financial and emotional well-being of all parties. When we believe your best interests will be served, we will use alternative methods of dispute resolution, including negotiated settlements and mediation.
Child Support: Knowing Wisconsin child support guidelines are extensive and often difficult to navigate, our lawyers will fully explain the guidelines. We will also work for a child support order that is in your best interest and the best interest of your family. We work with parents to identify variable expenses that can be complicated, such as the cost for music lessons and/or sports leagues, camp, orthodontic treatment and private school tuition.
Child Custody/Child Placement: Working extensively with our clients, we structure child custody and physical placement agreements that are in the best interest of all parties involved. We know from experience that custody disputes can be among the most costly forms of family law litigation, so we encourage participation in alternative methods of dispute resolution.
Guardianships: Selecting appropriate guardians for minor children or for individuals unable to make decisions for themselves due to age or disability, can be a daunting task. Requiring legal documents and/or court action, the act of appointing or removing guardians is a process with which our office is well-acquainted. Our attorneys have worked with families and judges to arrange care for those who cannot fully care for themselves.
DIVORCE
Divorce is more than the legal dissolution of a marriage. There are emotional, psychological, and financial implications as well. If you are contemplating divorce or if you are already a party to a divorce proceeding, you face many issues including legal custody, physical placement, child support, spousal support (alimony), and division of marital property. You need experienced and knowledgeable lawyers to protect your interests and the interests of your family.
At the law offices of Miller Legal Services, LLC, we represent men and women throughout western Wisconsin in all matters related to divorce and family law. Contact us to schedule a confidential consultation.
When parties to a divorce have minor children, we work with the parties to structure a solution that meets the parents’ needs, but is in the best interests of the children. We create arrangements that preserve the child parent relationship. We also advise clients regarding the consequences of specific decisions, including dependency exemptions for income tax purposes, the allocation of holidays, length of physical placement times, and the relationship between physical placement and child support.
We also work with men and women throughout western Wisconsin to determine whether spousal support (alimony) is appropriate and, if so, how much is required.
With respect to property division, we help you determine which options are best for you in light of your needs and circumstances. We help you identify and value all marital assets, including businesses, retirement assets, stocks and bonds, limited partnerships, private equity holdings, real estate investments, employee benefits, retiree health benefits and trusts.
To schedule an appointment regarding any divorce-related issue, contact us at Miller Legal Services, LLC Our office represents people in custody cases in St. Croix, Polk, Pierce, Dunn, Burnett, Barron, Eau Claire and Buffalo counties. Our law firm conducts appointments in our Hudson office. However, in some circumstances, telephone appointments and other off site meeting places may be available.
CHILD SUPPORT
Under Wisconsin law, child support is payable until a child reaches eighteen years old or graduates from high school, whichever occurs later. The amount of child support that is payable in a case is based upon the monthly gross incomes or earning capacities of the child’s parents.
The Calculation of Income in a Support Case
Income for Wisconsin support purposes includes wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings and any other sources of income. If a person does not have any income, but is capable of working, the parent may be assessed with an earning capacity. Wisconsin courts use the monthly gross, or before tax, incomes of each parent when calculating support in a shared placement situation.
Income for Self-employed Individuals
For self-employed persons, determining the amount of income available for support purposes can be difficult in certain cases. Self-employed persons may not accurately report all of their income on tax returns or may take as deductions certain expenses that are actually personal expenses. For support purposes, certain expenses that are deductible for tax purposes may not be deductible from income for support purposes. The Wisconsin courts will carefully scrutinize the income claimed on the tax returns of self-employed individuals for these reasons.
Child Support Guidelines
Once the parents’ monthly gross incomes are calculated, Wisconsin courts apply the Wisconsin Child Support Guidelines to determine the amount of support payable for the children. The Wisconsin Child Support Guidelines are formulas that consider the income of the parents and the number of children, among other factors. In addition to the Wisconsin Support Guideline amount, an order for child support may also require payment of a portion of other costs such as medical coverage for the dependent children, medical expenses not covered by insurance, and child care costs. These extra amounts are called variable expenses and are directly related to the minor child.
To Receive Support
A person seeking child support must file a support request with the court in order to establish a right to collect support. There is no legal obligation to pay support to the other party until the request is filed with the court. The obligation to pay is only retroactive to the date on which the motion for support was filed, not when the child was born or the parties separated. In the event that there is a reason to modify a support order such as an increase or decrease in income of either parent, the parent must file a petition to modify to determine whether their request is appropriate. Until a petition for modification is filed with the court and a new court order is entered, the parent paying support is required to continue making payments as outlined in the prior court order. Once an Order is entered, a parent who receives an increase in their income is required to notify the child support office of their new income.
In the event that you wish to initiate a new request for child support, modify the order already in place, or enforce your existing order, our staff at Miller Legal Services, LLC is ready to assist you. Our lawyers represent people in child support cases in St. Croix, Polk, Pierce, Dunn, Burnett, Barron, Eau Claire and Buffalo counties. Our law firm conducts appointments in our Hudson office. However, in some circumstances, telephone appointments and other off site meeting places may be available. Contact us to schedule a confidential consultation.
CHILD PLACEMENT/CHILD CUSTODY
When parents divorce, the divorce judgment will specify with whom the children will live, and how often and under what circumstances the other parent will have physical placement with the children. Often, parents work out these arrangements between themselves, either completely voluntarily or with the assistance of their lawyers or a mediator. When they are unable to reach a decision, however, or when unmarried parents are unable to agree on who will have custody of their child, the court may intervene and make a decision based on the “best interests of the child.”
In most situations, physical custody is awarded to both parents on a shared placement basis. Shared physical placement requires a high degree of cooperation between the parents. Both parents must be able to make joint decisions and cooperate for the child’s sake. A shared physical custody arrangement requires that the parties communicate often and in depth regarding their children’s education, activities and schedules. In cases where the parties cannot demonstrate an ability to cooperate with one another for the child’s sake, a court will be reluctant to approve of such an arrangement.
In the vast majority of instances the parents will have joint legal custody. Legal custody includes the right to make decisions about the child’s education, religion, health care, and other important matters which will affect a child’s life.
If allegations of abuse have been raised, any placement granted may be subject to supervision by a neutral third party. Grandparents and stepparents may also be entitled to visitation privileges under certain circumstances.
Another option, although much less favored, is split custody, in which one parent has custody of one or more of the parties’ children, and the other parent has custody of the other(s). Courts usually prefer not to separate siblings, however, when issuing custody orders.
In deciding who will have physical placement, the courts consider various factors. However, the overriding consideration is always the “best interests of the child,”. If the children are old enough, the courts will take their preference into account in making a custody decision. Once entered, a custody award or a support order can be changed by the court if the parent’s or children’s circumstances have changed substantially since the order was last entered. However, in order to keep parents from repeatedly requesting a change in placement, the legislature does require a 2 year “truce” period after the initial custody order is entered. Within that 2 year “truce” period, unless the parties agree, the court will not allow a change in physical placement unless the current placement arrangement is emotionally or physically harmful to the child.
To schedule an appointment regarding custody of your children, contact us at Miller Legal Services, LLC Our office represents people in custody cases in St. Croix, Polk, Pierce, Dunn, Burnett, Barron, Eau Claire and Buffalo counties. Our law firm conducts appointments in our Hudson office. However, in some circumstances, telephone appointments and other off site meeting places may be available.
GUARDIANSHIPS
Various reasons exist for establishing guardianship for your loved ones. From the very young to the very old, you can protect and care for your family by creating legal arrangements. The law firm of Miller Legal Services, LLC in Hudson, Wisconsin, is ready to assist you with creating legal instructions for the care of your loved ones. Contact us for a confidential consultation.
Guardians are established through legal documents, such as wills and trusts, or by the courts when no legal documents are in place. By having legal documents, you can be assured that your wishes will be carried out and that your loved ones’ custody and care will not end up left to the discretion of a judge. Our lawyers are experienced in determining the estate planning documents necessary to protect your guardianship choices.
Should your elderly relatives suffer from dementia or another condition that causes them to be unable to care for themselves, having a legal guardian in place offers protection. A guardian can make decisions for them, from medical to financial, so that their needs are fully met and their resources are protected. Occasionally, guardians may not fulfill their responsibilities. Should neglect, abuse or exploitation take place, courts can remove guardians from their duties.
At Miller Legal Services, LLC, our legal team is thoroughly versed in family law and guardianship of the elderly, of minor children and of individuals with disabilities. We can help you establish or remove guardians of your loved ones.
If you are facing a significant life event, the attorneys at Miller Legal Services, LLC can help you plan for, understand and navigate these changes. From skillful negotiation to aggressive litigation, we are ready to work for you. To schedule a free and confidential consultation, contact us online or call 715-386-9655.
Contact the divorce and family law lawyers at Miller Legal Services and let us put our dedication and experience to work for you. We have lawyers licensed in Wisconsin. Our law office is located in downtown Hudson, Wisconsin, and we have successfully resolved cases throughout Wisconsin, including in Barron, Buffalo, Burnett, Chippewa, Clark, Eau Claire, Dunn, Pepin, Pierce, Polk, Rusk, St. Croix, and Trempealeau counties.
Our attorneys serve families throughout Wisconsin including those from the cities of Alma, Amery, Arcadia, Baldwin, Balsam Lake, Barron, Chetek, Chippewa Falls, Cumberland, Deer Park, Dresser, Durand, Eau Claire, Ellsworth, Elmwood, Glenwood City, Grantsburg, Hammond, Houlton, Hudson, Ladysmith, Luck, Maiden Rock, Menomonie, Mondovi, New Richmond, Osceola, Prescott, Rice Lake, River Falls, Roberts, St. Croix Falls, Shell Lake, Siren, Somerset, Spring Valley, Spooner, Star Prarie, Stanley, Turtle Lake, Webster, Whitehall, Woodville.