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Commentary: Grandparents’ case raises hard questions
by Gregg Herman on January 28, 2010 13:29 CST
There is an old Jewish story about two men who go to a Rabbi to decide a dispute.Click for more | Comments (3)
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Commentary: How does Pro Bono help attorneys?
by Gregg Herman on October 13, 2009 11:44 CDT
In my last two columns, I criticized the State Bar of Wisconsin Family Law Section and the Wisconsin Chapter of the American Academy of Matrimonial Lawyers for failing to weigh in on the significant applications of two appellate cases in our area of law, even though they were not primarily family law cases.Click for more | Comments (7)
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When is contempt continuing?
by Gregg Herman on August 18, 2009 11:53 CDT
As almost any family law attorney can attest, manipulative payors exist. Unfortunately, due to a recent decision from the Wisconsin Supreme Court, their gamesmanship may continue.Click for more | Comments
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Potential harm averted in Tensfeldt decision
by Gregg Herman on August 5, 2009 11:29 CDT
While family lawyers were sleeping, two bullets were dodged. Or, more accurately, one bullet was dodged and one deflected for the time being. Click for more | Comments
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Estate plan violated divorce agreement
by Gregg Herman on July 31, 2009 10:37 CDT
In the final days of the 2008-09 term, the Wisconsin Supreme Court decided Tensfeldt v. Haberman, 2007AP001638 (July 14, 2009). Although the factual situation is somewhat complicated, bear with me — it has some important family law and ethical implications.Click for more | Comments
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Judicial discretion is ripe for review
by Gregg Herman on July 9, 2009 13:33 CDT
Does the Wisconsin Court of Appeals read this column? Maybe; maybe not. But shortly after I wrote about the District I Court’s decision in Heppner v. Heppner, No. 2008AP2020, the court made corrections to paragraph 15 of its opinion.Click for more | Comments
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Trial court in best position to exercise discretion
by Gregg Herman on May 27, 2009 14:18 CDT
Nothing is worse for a columnist than boring cases. With precious few family opinions coming out of the Wisconsin appellate courts, I thank the Court of Appeals for its recent decision in Heppner v. Heppner, No. 2008AP2020 (Wis. Ct. App. May 5, 2009) (recommended for publication).Click for more | Comments
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Maintenance must continue, consider stocks
by Gregg Herman on May 25, 2009 08:04 CDT
Earlier this month, the Wisconsin Court of Appeals issued one of the most ... er ... interesting decisions in family law in a long time.Click for more | Comments
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Court’s paternity decision follows precedent
by Gregg Herman on March 19, 2009 13:45 CDT
Last week, I summarized the Wisconsin Court of Appeals consolidated opinions in Hendrick v. Hendrick, No. 2008AP722,and State v. Skarzynski, No. 2008AP723 (Wis. Ct. App. Feb. 10, 2009) (recommended for publication), which affirmed the order rendered by the Judge Francis T. Wasielewski of the Milwaukee County Circuit Court.Click for more | Comments (1)
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Trial judge had authority to seek paternity testing
by Gregg Herman on March 10, 2009 13:57 CDT
The Wisconsin Court of Appeals recently issued its consolidated opinion in Hendrick v. Hendrick, No. 2008AP722, and State v. Skarzynski, No. 2008AP723 (Wis. Ct. App. Feb. 10, 2009) (recommended for publication), which affirmed an order rendered by Milwaukee County Circuit Court Judge Francis T. Wasielewski. Click for more | Comments (1)
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Disclosure of interest key to setting support level
by Gregg Herman on March 5, 2009 14:26 CST
Last week, we summarized the Wisconsin Court of Appeals recent decision in Stevenson v. Stevenson, No. 2007AP2143 (Wis. Ct. App. Feb. 4, 2009) (recommended for publication), which tells us in its first two sentences that a child support payor’s game of “cat and mouse” is finally over, with him getting caught. Click for more | Comments
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Dad who didn’t disclose must pay retroactive support
by Gregg Herman on February 26, 2009 13:00 CST
From the first two sentences of a recent Dist. II Wisconsin Court of Appeals decision, it was evident that it was not going to be good news for Jeffery B. Stevenson, who “played a game of ‘cat and mouse’ with the court for nine years. He has finally been caught.”Click for more | Comments
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2008 provides dearth of family law decisions
by Gregg Herman on January 19, 2009 10:29 CST
Wisconsin’s appellate family law cases from 2008 can be characterized best by ... their severe paucity. Click for more | Comments
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Collaborative divorce gains momentum in Wisconsin
by Gregg Herman on November 19, 2008 09:06 CST
The year was 1999. We were all worrying about Y2K, eating low-carbohydrate diets and asking, “Is that your final answer?”Click for more | Comments
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Sun will shine on some unpublished decisions
by Gregg Herman on October 27, 2008 08:34 CST
Finally, the Wisconsin Supreme Court, to paraphrase Chief Justice Shirley S. Abrahamson, has let the sun shine in! Well, with blinds, if not curtains and drapes.Click for more | Comments
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Court’s decision narrows the scope of ‘family’
by Gregg Herman on October 20, 2008 09:40 CDT
It doesn’t take a village to raise children. It takes parents.Click for more | Comments
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Court finds stepmother has no right to boy’s custody
by Gregg Herman on October 13, 2008 10:03 CDT
The drought is over.Click for more | Comments
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Court to reconsider unpublished opinion rule
by Gregg Herman on August 8, 2008 10:33 CDT
On Oct. 14, 2008, the Wisconsin Supreme Court will, for the fourth time, consider a proposed rule to allow citation to an unpublished decision for persuasive authority.Click for more | Comments
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Marital property agreement concerns remain
by Gregg Herman on July 21, 2008 09:20 CDT
The prospective divorce client comes to your office with a marital agreement in hand. Well, that should ensure a quick and relatively painless end to that marriage, right? Not so fast.Click for more | Comments
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Steinmann decision contains troubling implications
by Gregg Herman on June 26, 2008 14:37 CDT
A song by the Temptations comes to mind after reading Steinmann v. Steinmann. “Ball of confusion.” That’s what the law of maintenance is today. Click for more | Comments
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Court wrestles with post-nuptial agreements
by Gregg Herman on June 20, 2008 12:42 CDT
This is the second of three articles analyzing the recent Wisconsin Supreme Court decision in Steinmann v. Steinmann, No. 2005AP1588. This article will examine its implications for marital property agreements.Click for more | Comments
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Steinmann decision contains puzzling implications
on June 16, 2008 10:11 CDT
Last month, the Wisconsin Supreme Court issued a decision in its only pending family law case, Steinmann v. Steinmann, No. 2005AP1588. This is the first of three articles that will discuss the case, and some its puzzling implications. I’ll start out by summarizing the holding itself.Click for more | Comments
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Citation of unpublished opinions would lead to bluer skies
by Gregg Herman on February 22, 2008 08:38 CST
It’s time for a change in the weather — and we’re not referring to winter (although I wouldn’t mind a change on that front, too).Click for more | Comments
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One final look at the family law decisions of 2007
by Gregg Herman on February 12, 2008 11:59 CST
During the past year, there was only one Wisconsin Supreme Court case and only a few published Court of Appeals cases in family law. While some of the cases earned approval in this column (not that either court particularly cared), others drew flak. Not being satiated with one kick at the courts and not being smart enough to leave bad enough alone, let’s take another look at the appellate family law cases in 2007.Click for more | Comments
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Double counting remains difficult issue for courts
by Gregg Herman on January 9, 2008 07:53 CST
This is the last of a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007), which was recommended for publication.Click for more | Comments
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