How Much Child Support Will I Get in Wisconsin?

How to Calculate Wisconsin Child Support

Child support is an obligation. If you've had children and you and your spouse are no longer together, that does not let your spouse off the hook for financially contributing to the support of the children. However, calculating child support in Wisconsin can be tricky because of extenuating factors available for paying spouses. There are general guidelines you can use to calculate what you'd get in Wisconsin, but be aware that the court can modify this amount in certain circumstances.
In general, the court will look at the Percentage of Income Standard to determine a basic amount of support. For example, if you have two children who primarily reside with you, and your spouse earns $2,000 gross per month, your spouse would have to pay you $500 per month in child support according to that standard. The percentage is applied to the gross income because the state does not want spouses hiding income through deductions and other tax and investment tricks.
However, the court can adjust the amount up or down. For example, if your spouse has to live in an expensive city because that's where the work is, then the court could reduce the amount you get so that your spouse can still pay basic costs like his or her own rent. Conversely, if the amount of child support is really too low considering your child's circumstances -- for example, maybe your child has a disability that requires extra medical treatment, which increases the amount of money you need to care for the child -- then the court can raise the amount of support.
Courts can also use non-wage/salary assets to calculate support. For example, if your spouse has many lucrative investments but earns very little from an actual job, the court can base the support amount on the income from those investments.
If you would like to discuss child support or think that your spouse is trying to evade financial responsibility, contact Eisenberg Law Offices. Our attorneys can help you get a child support amount that is adequate for you and your child's needs.
This post was originally published at https://www.eisenberglaw.org/much-child-support-will-get-wisconsin/

Conviction for juvenile crimes do not have to ruin one's life

Juvenile crimes in Wisconsin - how to protect your future

Conviction for a juvenile crime is serious, but it does not have to be the end of the world for you. Wisconsin courts consider extenuating circumstances, including your behavior before and after the crime. This gives you an opportunity to show to the court that you may deserve more lenient sentencing.
Courts in Wisconsin look not only at the type of crime, but also the life of the person who was convicted of committing that crime. This is an attempt to ensure that those who are not likely to cause more problems do not end up trapped by a criminal conviction. This does not mean that everyone who looks like an angel on paper will get a light sentence, but it does mean that the court will carefully consider more than just the one incident.
For example, a 16-year-old girl was responsible for crashing an SUV in 2014. The crash killed two other girls, and while the exact sequence of events leading up to the crash was not clear, what was clear was that the driver was not driving safely at the time of the accident. However, because the girl had cooperated fully with law enforcement and had not been in trouble before, she got off with rather light sentences -- supervision, community service, and an order to either be in school or have a job -- even though she was tried in both juvenile and adult courts.
Compare that to the case of a 15-year-old boy sentenced in 2014 for car theft. He was tried as a juvenile, but ended up with a sentence of a year in a group home because of his extensive record of previous thefts.
If you are facing a trial in juvenile court, contact Eisenberg Law Offices. Talk to our attorneys about showing the court that you are not going to be a continuing problem for authorities. This could help get you a lighter sentence that doesn't derail your life.
This post was originally published at https://www.eisenberglaw.org/conviction-juvenile-crimes-not-ruin-ones-life/

Father's Rights in Wisconsin

What are a Father's Rights in Wisconsin?

If you father a child but are not married to the mother, Wisconsin law does not give you parental rights as a matter of course. The default position is that the mother of the child has sole legal custody of the child. This includes not only the right to determine where the child will live, but also the right to make decisions in his or her life: authorizing non-emergency health care, consent to marriage or military service, and even the choice of schools and religion for the child. To gain your Father's rights in Wisconsin, you have to first establish your paternity with the court.
Voluntary Agreement Between the Parents
The easiest way to establish paternity is through an agreement with the mother. If both parents sign the Wisconsin Voluntary Acknowledgment of Paternity form, the father's name is added to the birth certificate. Alternatively, if the parents later marry, you can sign the Wisconsin Acknowledgment of Marital Child form, which provides for joint parental rights under marriage.
Opening a Paternity Case
One potential problem with a voluntary acknowledgment of paternity is that signing the form does not automatically grant the father legal rights regarding the child. Even if the two parents agree on paternity, a court order has to establish a father's rights. Until that happens, the mother in Wisconsin retains sole legal custody and all rights to make major decisions for the child.
If there is no agreement, the father can file a paternity action and take a blood test to establish his paternity. Once either a voluntary paternity acknowledgment or the DNA test establishes paternity, the father must then request a court hearing to determine legal custody and the child's physical placement. The court must approve a parenting plan that will include physical placement of the child, support obligations, and daily schedules for the child.
A father's rights do not come automatically under Wisconsin law. An unwed father needs to go to the court to gain any rights to custody and/or placement with the child. The attorneys at Eisenberg Law Offices can help you establish your paternal rights.
This post was originally published at https://www.eisenberglaw.org/fathers-rights-wisconsin/

The Guide to Understanding Bail in Wisconsin

How is Bail determined in Wisconsin?

If you are arrested in Wisconsin, your ability to get out of jail before your trial is based on the bail statute. Simply put, bail is what you have to pay to get out of jail between your arrest and being convicted. Whether you are eligible depends on a number of factors, with the court holding a great deal of discretion.
How Bail Is Set
After you are arrested, you first have to attend your Initial Appearance. This is where the judge determines the amount, if any, you have to pay to be released. The purpose of bail is to ensure that the person arrested will appear at trial, so you need to commit to appearing should you be released. The judge is not obligated to grant a bail request; you may be ordered to remain in jail until your trial. Regardless, make sure you do not answer questions from the police until you have consulted an attorney.
Some courts use a bail schedule for different crimes and conditions, but not all do. The standard amount might be lowered or raised depending on your financial condition, the severity of the crime for which you were arrested, or the judge's sense of whether you might fail to appear. Importantly, the Eighth Amendment forbids excessively high bail, but determining whether your case meets that threshold can be difficult.
After You Pay Bail
If the court releases you on bail, you are not free. You still need to appear for trial and all court proceedings. Accordingly, you need to make sure everything is in order at home, and then consult an experienced defense attorney. At Eisenberg Law Offices, we have the expertise and experience to understand your case and give it the individual attention you need and deserve. Whether you are in jail or out on bail, contact us so we can fight for you.
This post was originally published at https://www.eisenberglaw.org/guide-understanding-bail-wisconsin

Concussion Risks and Prevention

Have you suffered a concussion? Know the signs

In football, and more recently in other sports, the dangers of concussions have emerged. More than perhaps any other kind of injury, concussions create problems that, while often only temporary, create significant dangers for athletes who suffer from them. Understanding how to recognize and prevent a concussion is critical for athletes of any age or level of competition.

Recognizing Concussion Symptoms

A concussion, most simply defined, is a traumatic brain injury. It comes usually from a blow to the head, but can also come from violently shaking your head. A jarring blow that shakes the head can cause a concussion even if you do not hit your head.
Most people know that if you are knocked out or temporarily lose consciousness, a concussion may be the result. But other symptoms may seem less obvious and still suggest a potential concussion:

• dizziness
• nausea
• temporary confusion
• ringing in the ears
• headache or pressure in the head

If you experience any of these symptoms after a blow to the head, you need to be evaluated by a physician. The blow does not need to be a violent or severe one; depending on the angle, force, or position on your head, you can suffer a concussion.
Preventing Concussions
While no one can perfectly avoid concussions, you can take steps to prevent them. In youth sports, understanding the proper techniques of the sport is critical. Many concussions come as a result of either striking with the head, as with someone leading with the helmet on a tackle, or tucking the head and exposing it to danger. The proper protective equipment helps, but cannot prevent every head injury. Education and proper care for yourself and those around you provide the best way to avoid suffering a concussion.
Contact sports always present risks of injury, including concussions. But teaching on the right techniques and an awareness of the risks presented can go a long way toward minimizing those risks and create a safer experience for kids who love sports.
This post was originally published at https://www.eisenberglaw.org/concussion-risks-prevention

Personal Injuries and Insurance Adjusters – 3 Questions

Insurance Adjusters and Personal Injury Cases - Be Prepared To Protect Your Interests

After a vehicle accident, you usually find yourself working with an insurance adjuster. For most people, this is foreign territory. You likely go in without fully understanding what is happening or how you can most fully protect your rights. Take the time to understand the insurance adjuster's role so you can go in prepared.
What Is an Insurance Adjuster?
An insurance adjuster works for or on behalf of the insurance company that will be paying on your claim. This person's job is to get all the facts of the accident, assess the costs and damages, and settle the claim. He or she will take the position of wanting to make sure you are covered for all of your costs and reach a fair settlement, but you should always remember that the adjuster's goal is to reach the best deal for the insurance company.
How Does the Claims Process Work?
You kick off the claims process by filing a claim. Sometimes this includes a demand for a specific amount of money, in which case you need to include all of your losses: vehicle damage, medical expenses, loss of income, and any other financial losses you incur. Other times the claim is presented to the adjuster and he or she makes an offer. In either case, remember that the adjuster's offer is only that; you can counter with a higher number, and then negotiate until you reach common ground. But once you agree, your settlement will preclude you from suing for additional damages.
What Are Your Rights?
The adjuster is not on your side. He or she is working for a result in the insurance company's best interests. You have the right to look out for your best interests. Because adjusters have experience and knowledge far beyond yours, you should plan to ask questions, and have the right to hire an attorney to help you. Before you sign away your right to recover for all your losses, contact Eisenberg Law Offices. We are the tough, experienced negotiating partner you need to help get the recovery you deserve after an accident.
This post was originally published at https://www.eisenberglaw.org/personal-injuries-insurance-adjusters-3-questions

What To Expect When Initiating A Personal Injury Case

What To Expect When Initiating A Personal Injury Case

Just the thought of actually suing someone can be very stressful, never mind the stress of actually building a personal injury case and presenting your arguments. In fact, sometimes that stress is enough to stop injured parties from even trying to pursue justice in court. But if you have been seriously injured and need the money that a personal injury settlement could provide, you need to file a lawsuit despite your misgivings.
One thing the attorneys at Eisenberg Law Offices have noticed after having worked with personal injury victims for so many years, is that knowing what to expect and having an understanding of the events to come helps put people at ease. We want to use this post to share some basic information about initiating a personal injury lawsuit. We think you'll see that the process is less stressful than you may think.

Steps In Building A Personal Injury Case

One thing that helps put our clients at ease is knowing that they will not immediately have to go to court to prove their case. In fact, most cases never even make it to a judge and are settled outside of the courtroom. Here are the steps you'll go through when pursuing a personal injury case:

1. Meet With An Attorney.

The first step is actually speaking with a personal injury attorney. The attorney will review your situation and recommend the best course of action.

2. Contact The Responsible Party.

Your attorney will likely send what is called a Demand Letter to the insurance company of the person or entity responsible for your injury. The demand letter will inform the insurance company  that you have been injured and are seeking compensation for your losses.

3. Negotiations.

Your personal injury attorney will try to negotiate a settlement with the insurance company. If an agreement cannot be reached, you will then decide whether or not to file a lawsuit.

4. File A Lawsuit.

Actually filing a lawsuit involves a series of steps that includes your attorney filling out the paperwork to file the lawsuit and then beginning to collect information relevant to your case. Negotiations with the other party may continue during this time.
As you can see from the steps outlined above, pursuing a lawsuit takes time, but the very first thing you should do after you've been injured is contact a personal injury attorney at Eisenberg Law Offices for a free consultation to evaluate your situation. You'll gain a better understanding of the process and your legal options at no cost to you.
Contact us at 608-256-8356 or email us at Info@EisenbergLaw.org to arrange your free consultation.
This post was originally published at https://www.eisenberglaw.org/expect-initiating-personal-injury-case/

Possession Of Synthetic Marijuana In Wisconsin Is Illegal

Possession Of Synthetic Marijuana In Wisconsin Is Illegal

Although it may be legal in other states, marijuana use and possession is illegal in Wisconsin. This includes the use and possession of synthetic marijuana. Wisconsin considers synthetic marijuana to be a controlled substance, which makes the use, possession, and/or sale of the drug illegal.

Synthetic Marijuana Has Been Illegal Since 2011

Some of the confusion surrounding possession of synthetic marijuana in Wisconsin may come down to the fact that it wasn't considered an illegal substance by the state until 2011. Prior to that, synthetic marijuana was available over-the-counter at gas stations and convenience shops. Now, however, things are quite different and the penalties severe.

Penalties For Possession Of Synthetic Marijuana In Wisconsin

Possession of synthetic marijuana in this state is made illegal by Wisconsin Statute 961.41(3g)(em). Fines can be as high as $1,000.  Jail sentences as long as 6 months may be handed down for a first conviction. A second conviction is considered a Class I felony which may result in fines as high as $10,000 and/or a prison term as long as 3 years, 6 months. Repeat offenses are also classified as a Class I felony and carry the same penalties. These penalties apply only to possession charges. Depending on the specifics of your situation, additional charges, fines, and penalties may apply.

Make An Appointment With Eisenberg Law Offices To Fight Drug Possession Charges

Although possession of synthetic marijuana may seem like a minor infraction, it's not. It's a serious crime, carrying severe penalties that may haunt you for the rest of your life. If you have been charged with possession or some other drug charge you need to contact a drug defense attorney at Eisenberg Law Offices immediately.
Our criminal defense attorneys have a strong record of success in fighting drug charges. Contact us to discuss the details of your case, learn more about the penalties facing you, and go over your defense options.
Arrange a free consultation by calling us at 608-256-8356 or emailing Info@EisenbergLaw.org today.
This post was originally published at https://www.eisenberglaw.org/possession-synthetic-marijuana-wisconsin-illegal/

Disorderly Conduct Attorney Answers Common Questions

Have Questions About Disorderly Conduct In Wisconsin? A Disorderly Conduct Attorney Answers Them

Disorderly conduct is a very broad charge in Wisconsin. The scope of the statute is likely the reason why it ranks as one of the most often charged crimes in the state. Wisconsin State Statute 947.01 defines disorderly conduct as:
"Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor."
Under that definition, acting in any way that causes a disturbance can lead to a charge of disorderly conduct. A disorderly conduct attorney might defend their client against charges stemming from domestic situations to arguments and disagreements between strangers.
This Class B misdemeanor carries a maximum penalty of 90 days in jail and a $1,000 fine. It's a serious enough charge that you want to fight the allegations and keep your name clear, which is exactly what a skilled attorney can help you achieve.

Common Questions About Disorderly Conduct in Wisconsin

• Can I Be Charged Even If I Didn’t Disturb Anyone?

This is a very common question when people are facing disorderly conduct charges. The short answer is, yes, you can be charged with disorderly conduct even if no one was disturbed or complained about your behavior. The statute does not specify that another person must be disturbed by the conduct, only that the behavior must have occurred.

• Can I Be Charged With Disorderly Conduct Based On Speech Alone?

Disorderly conduct as it relates to freedom of speech protections is a tricky legal area, but in general, yes, speech can be considered disorderly if it serves no purpose other than causing a disturbance.

• What Happens If I Am Arrested For Disorderly Conduct?

What happens upon your arrest depends on the circumstances surrounding it. If the dispute involved a domestic situation, then you will probably be taken to jail. If you are charged with Misdemeanor Disorderly Conduct, you may be able to post bond and be released that day. If you are charged with a felony and/or can’t post bond then you will remain in jail until you are brought before a judge.

• I've Received A Citation That Reads "Wisconsin Uniform Misdemeanor Citation". What Does That Mean?

This citation means you have been charged with a misdemeanor crime. You will need to appear in court on the date specified or a warrant will be issued for your arrest.

• Can I Be Charged With Disorderly Conduct If I Am Simply Carrying A Gun?

No. Simply carrying a gun (loaded or unloaded) cannot lead to a charge of disorderly conduct by itself. For a disorderly conduct charge to be applied, you must also be exhibiting disturbing behaviors and/or disturbing others with your words or actions.
Get Answers To Your Questions By Meeting With A Disorderly Conduct Attorney At Eisenberg Law Offices
There are many more questions that can arise when faced with a disorderly conduct charge, making every case unique. Meeting with a disorderly conduct attorney is the best way to make sense of your situation and determine the next step.
Contact the criminal defense attorneys at Eisenberg Law Offices in Madison for help fighting disorderly conduct charges. We offer free consultations and have a long track record of success defending against disorderly conduct charges in Wisconsin.
Please call 608-256-8356 or email Info@EisenbergLaw.org to schedule your consultation.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/disorderly-conduct-attorney-answers-common-questions/

10 Questions To Ask When Choosing A Personal Injury Attorney

When Choosing A Personal Injury Attorney - 10 Questions You Should Ask

Choosing a personal injury attorney is a critical step in pursuing a personal injury claim. You want an attorney who has the skills and experience to advocate on your behalf and, ideally, win your case. But you also want an attorney with whom you feel comfortable and trust. Here's a short list of 10 questions that you can ask personal injury attorneys as you search for the right one to represent you.

10 Questions For Your Personal Injury Attorney

1. What Is Your Experience In Personal Injury Law?

Like many professionals, lawyers have different specialties and areas of focus. If you have a personal injury situation on your hands, you definitely want to hire an attorney who has personal injury experience. A family law or estate planning attorney just won't have the insights and knowledge necessary to provide you with the best service possible.

2. What Is Your Approach To Customer Service?

Every law firm treats their clients differently. You need to find one who treats you how you want and expect to be treated. For some people that means a lot of close contact with the attorney. Others may be fine speaking to a paralegal for simple matters. Determine what good customer service looks like to you, then find a firm that can provide it.

3. How Long Have You Been A Personal Injury Attorney?

Experience should play an important role in your evaluation of attorneys. Those with more years of experience handling personal injury cases will have more direct knowledge of many different scenarios and how best to approach them. Drawing on previous case knowledge can be very helpful as the lawsuit progresses.

4. Do You Represent Clients In Court?

Many attorneys will try to settle a case out of court, which can be both expedient and beneficial. Sometimes, these attorneys will not handle a case if it goes to trial, instead referring it out to another firm. If you'd like to avoid that situation, ask ahead of time what happens if you go to trial.

5. What Is Your Success Rate For Cases Like Mine?

Obviously, you want to hire a personal injury attorney who has a proven record of success, but make sure to ask specifically what their success rate looks like for cases similar to your own.

6. Who Will Handle My Case?

It is possible that your attorney has partners, associate attorneys, and paralegals who assist them with cases. Find out who will be involved in your case and what they will be doing. Less experienced attorneys may not have the same rate of success as the main attorney, which could affect the outcome of your case.

7. What Legal Organizations Do You Belong To?

Membership in legal organizations or societies is generally only open to the most reputable lawyers. Membership in several law societies is an excellent indicator of firm quality, reputation, and success.

8. Have You Or Any Of The Attorneys At The Firm Been Recognized With Awards Or Honors?

Similar to #7 above, awards and honors indicate a well-respected and successful professional in his/her field.

9. Do You Have The Time And Ability To Take On My Case?

Complex cases such as wrongful death or those that resulted in serious injuries, can take a very long time to see to completion. They also require more research, and the testimony of expert witnesses - all of which the firm must undertake and fund itself. In some cases, the firm may not have the time or resources required to secure the best possible outcome.

10. What Is My Role In The Case?

Larger firms may try to settle the case quickly and out of court - with or without your input. This limits your say in how the case is handled and can create feelings of dissatisfaction. Recognize that you, the client, are in charge of your case and should be involved in all decisions. Don't work with a firm that will push you off to the side and keep you in the dark.
For a professional and personal approach to personal injury cases, contact Eisenberg Law Offices in Madison, WI. We bring over 30 years of experience to every case and take the time to understand you, your needs, and your concerns as we develop a strategy that meets your legal needs. We have won millions of dollars for our clients through dedicated service and experienced legal expertise.
Contact Eisenberg Law Offices for a free case evaluation by calling 608-256-8356 or emailing Info@EisenbergLaw.org.
This post was originally published at https://www.eisenberglaw.org/firm-overview/articles/10-questions-ask-choosing-personal-injury-attorney/.