Schmidlkofer, Toth, Loeb & Drosen, LLC Schmidlkofer, Toth, Loeb & Drosen, LLC 2026-05-29T14:40:30Z https://www.lawintosa.com/feed/atom/ WordPress /wp-content/uploads/sites/1604994/2020/09/cropped-3431629_Favicon-Site-Identity-32x32.png On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[Helping your child cope with your divorce in Wisconsin]]> https://www.lawintosa.com/?p=74307 2026-05-29T14:40:30Z 2026-05-29T14:40:30Z Keep communication open and age-appropriate Your child needs honest information about what is happening, but the details should match their age and maturity level. Younger children need simple explanations, while teenagers can handle more complex conversations. You might explain that sometimes adults cannot stay married but that both parents will always love them. Encourage your child to ask questions and express their feelings. They may feel confused, angry, sad or even guilty about the divorce. Let them know that all these emotions are normal and that the divorce is not their fault. Create a safe space where they can talk without fear of upsetting you. Listen more than you speak, and avoid asking them to take sides or carry messages between parents.

Maintain stability and routine

During a time of significant change, consistency can provide comfort. Try to keep your child's daily routine as normal as possible. This includes regular bedtimes, mealtimes and activities they enjoy. If they play sports or take music lessons, continue these activities when feasible. Maintaining connections with friends, extended family and their community can also help. These relationships provide additional support and remind your child that some things remain constant even when family structure changes. If possible, try to minimize other major changes like switching schools or moving to a new neighborhood during this adjustment period.

Work cooperatively with your co-parent

Children adjust better when parents can cooperate and communicate effectively. Avoid speaking negatively about your ex-spouse in front of your child. Criticizing the other parent could make them feel as if they have to take sides, which may be difficult for them. If possible, try to present a united front on important parenting decisions. Consistent rules and expectations between households help children feel more secure. If disagreements arise, handle them privately rather than in front of your child. Wisconsin courts encourage co-parenting arrangements that serve the child's best interests, and your cooperation supports this goal. Consider seeking professional support if your child shows signs of serious distress like declining grades, withdrawal from activities or behavioral changes. Counselors who specialize in helping children through divorce can provide valuable tools and coping strategies. Taking care of your own emotional health also helps you be the parent your child needs during this transition.

Your knowledge can protect your child after a divorce

By staying supportive, maintaining stability and working cooperatively with your co-parent, you can help your child adjust more successfully to the changes divorce brings. Paying attention to your child’s emotional needs can help them grow accustomed to their new life and help your family move forward.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[What can you do when someone does not honor a contract?]]> https://www.lawintosa.com/?p=74305 2026-05-04T15:56:02Z 2026-05-04T15:56:02Z Legal weight behind a breach of contract A breach of contract happens when one party fails to perform an obligation outlined in a valid agreement. In Wisconsin, this could involve missing a payment deadline, delivering defective goods or refusing to complete agreed-upon work. Now, not every disagreement qualifies as a breach. You will need to demonstrate that a valid contract existed, that the other party failed to meet a specific term and that their failure caused you measurable harm. Wisconsin courts distinguish between a material and minor breach. A material breach is a significant failure that defeats the purpose of the contract, while a minor breach involves a smaller issue that does not undermine the overall arrangement. The type of breach affects your available remedies. A material breach may allow you to cancel the agreement and pursue damages, while a minor breach may limit you to recovering the specific losses it caused.

Actions to take after a breach

Taking these steps may set the tone for everything that follows:
  • Review the agreement closely to identify which specific terms the other party failed to meet
  • Collect relevant documentation, including emails, text messages, invoices and any written correspondence
  • Send a formal written notice to the other party that describes the violation and requests a specific remedy
Each of these steps builds on the last and creates a foundation for any legal strategy you pursue.

Paths to resolution without a courtroom

Many contract disputes in Wisconsin reach a resolution long before a judge gets involved. Direct negotiation between the parties remains one of the most straightforward and cost-effective approaches. Mediation is another option where a neutral third party guides both sides toward a voluntary agreement. Wisconsin courts often encourage or require mediation before trial, and many contracts include clauses that mandate it as a first step. Arbitration provides a more formal alternative. If you choose this path, an appointed decision-maker reviews the evidence and issues a ruling that is typically binding on both parties. These approaches can preserve professional relationships and reduce the financial burden that comes with extended litigation. According to state law, you generally have six years to file a claim for breach of a written contract, so exploring alternatives does not necessarily put your rights at risk.

Litigation as a final option

A lawsuit may become the most practical option when the other party refuses to negotiate, ignores your written notice or disputes the breach altogether. In these situations, informal resolution efforts may become ineffective. Courts can award several forms of relief, including compensatory damages designed to cover your actual financial losses. In some cases, a court may also order specific performance, which compels the breaching party to fulfill their original obligations rather than simply pay damages.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[How Wisconsin courts address paternity disputes]]> https://www.lawintosa.com/?p=74298 2026-04-01T17:30:02Z 2026-04-01T17:30:02Z How Wisconsin law establishes paternity When a child is born during a marriage, the law treats the husband as the legal father. This rule, known as the marital presumption, stays in place unless it is challenged in court by the husband, the wife or another man seeking to establish his own paternity. For unmarried parents, both parents can sign a voluntary paternity acknowledgment form shortly after the child’s birth. Once they file the form with the Wisconsin Department of Health Services, it carries the same legal weight as a court order. At that point, the father gains the same rights and financial duties as any recognized parent. If neither of these options applies, certain parties may bring a paternity case in Wisconsin family court. Under state law, only the mother, an alleged or presumed father, the child, the child's custodian or the state under specific circumstances can file the action. The court can order genetic testing to identify the biological father and then issue a final legal ruling based on those results.

When either party contests in court

Wisconsin law permits any party in a paternity proceeding to request DNA testing. If the results reflect a statistical probability of parentage at 99% or higher, this creates a legal presumption of paternity, allowing the court to issue a judgment unless other evidence disproves it. Genetic testing does not resolve every situation, however. Either parent has 60 days from filing or the child's birth to rescind, provided no court proceeding has started. Once that period passes, overturning a determination becomes substantially more difficult. After that point, a court will only void its decision upon proof of fraud, duress or a mistake of fact..

Why a ruling affects parental rights and support

Child support is one of the most immediate consequences of a paternity ruling. Wisconsin uses a percentage-of-income standard, but the court shifts to a specific "shared-placement" formula if the parents share time with the child at least 25% of the year. Courts may also order contributions toward medical expenses, health insurance premiums and childcare costs. That ruling also grants the father legal standing to pursue custody or placement time with the child. Without a ruling, an unmarried biological father lacks the authority to make decisions for the child, as state law initially grants sole custody to the mother.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[5 reasons an estate plan is more valuable than you think]]> https://www.lawintosa.com/?p=74292 2026-02-25T14:04:45Z 2026-02-25T14:04:45Z Many people put off estate planning because it seems like a step for later in life or for those with significant wealth. But an estate plan serves a much more practical purpose by protecting your family, your finances and your ability to make your wishes known. In Wisconsin, state-specific rules make planning ahead especially important, even for younger families and modest estates.  Below are five reasons an early start to estate planning is beneficial. 

1. Wisconsin law may decide for you if you do not plan

If you pass away without an estate plan, Wisconsin’s intestacy laws step in immediately. These rules follow a strict order and do not account for blended families, unmarried partners or personal intentions. Stepchildren, long-term partners and close relatives you support may be left out entirely. Creating an estate plan allows you to set clear instructions rather than relying on default outcomes under Wisconsin law.

2. Marital property rules can affect more than you expect

Wisconsin is a marital property state, which means many assets acquired during marriage belong to both spouses, regardless of whose name appears on the title. This distinction can shape how property transfers at death. Without proper planning, even well-meaning intentions can conflict with marital property rules. An estate plan helps coordinate titles, beneficiary designations and marital property laws so your wishes stay aligned.

3. Parents can choose guardians, not courts

For parents of minor children, estate planning provides one of the most important protections available: naming a guardian. Without a nomination, a court may decide who raises your children if something happens to you. Including guardianship instructions allows you to choose someone who shares your values and understands your family’s needs, rather than leaving that decision to chance.

4. Probate is more likely than many people realize

Wisconsin does offer a simplified “Transfer by Affidavit” process for estates valued at $50,000 or less. However, once an estate exceeds that threshold, probate becomes far more likely. Because real estate almost always triggers probate, many families face delays, costs and court oversight without advance planning. An estate plan can help reduce or manage that burden.

5. Planning protects you during incapacity, not just after death

Estate planning also addresses what happens if you become unable to make decisions while you are still alive. Powers of attorney for health care and finances allow trusted individuals to act on your behalf. Without these documents, loved ones may need court approval before stepping in, creating stress at an already difficult time. These measures illustrate that an estate plan is not just about finances and assets, but more so about foresight and control.

Planning ahead is an act of care

Creating a plan for the future does not have to mean preparing for the worst. It is about taking advantage of the time you have to make decisions that honor your values and protect your family.  Working with an experienced estate planning attorney allows you to create a plan that reflects your real life, your family dynamics and the values you want to carry forward.  ]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[Do dads always pay child support in Wisconsin?]]> https://www.lawintosa.com/?p=74291 2026-01-20T10:00:03Z 2026-01-20T10:00:03Z The assumption that fathers automatically foot the bill for child support is deeply ingrained in American culture, but it is not accurate, especially in Wisconsin. The state's family courts do not operate on outdated gender stereotypes. Instead, they follow a formula-based system that considers income, physical placement time and several other factors.

Role of physical placement

In Wisconsin, child support relates directly to how much time each parent spends with the child. The court counts overnights to determine which formula applies to your specific situation:
  • Primary placement: If one parent has the child for more than 75% of the year, the other parent typically pays a straight percentage of their gross income.
  • Shared placement: If both parents have at least 92 overnights (25%) per year, the court uses a shared-placement formula.
  • Equal placement: Even with a 50/50 split, the higher-earning parent often pays support to the lower-earning parent to balance the child's standard of living.
This system ensures that children enjoy similar resources in both households. A father who has the children half of the time might still pay support if his income exceeds the mother's income.

Income and the percentage standard

Wisconsin law establishes clear financial guidelines based on the number of children in a family. For parents with primary physical placement, the state typically applies the following standard rates to their gross income:
  • 17% for one child
  • 25% for two children
  • 29% for three children
  • 31% for four children
  • 34% for five or more children
These rates represent a fixed portion of the paying parent's total earnings before taxes. A judge may adjust the final amount based on specific financial hardships or unique family needs.

Variables and extraordinary costs

Monthly support payments cover food, clothing, housing and other basic needs. Still, parents must also divide variable expenses that fall outside this category, such as:
  • Childcare and daycare expenses
  • Private school tuition
  • Extracurricular activities and sports fees
  • Uncovered medical or dental bills
The court usually assigns these costs in proportion to the parenting schedule. If you have 40% placement, you might pay 40% of the soccer registration fees directly to the provider or the other parent.

Children’s well-being is the top priority

Situations where mothers pay child support to fathers are becoming increasingly common. If a mother earns substantially more than the father, she will likely become the paying parent. Similarly, when fathers take on primary physical custody, mothers typically pay support just as fathers would in the reverse situation. If divorce is on the horizon, it is best not to calculate and assign child support payments on your own. Doing so often leads to unfair results, as errors in counting overnights or reporting income can lead to years of financial strain. Securing legal help is typically necessary to ensure the court sees a clear picture of your finances and your role in your child's life.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[5 reasons new parents need an estate plan]]> https://www.lawintosa.com/?p=74289 2026-01-06T08:01:25Z 2026-01-06T08:01:25Z Starting a family is a thrilling and wonderful experience, but it also brings new responsibilities. Amid diaper changes and late-night feedings, planning for the future may feel daunting or easy to put off. Yet an estate plan remains one of the most meaningful ways to protect your growing family. Here are five reasons new parents should not delay.

1. Choose who raises your children if the unexpected happens

Without a plan, courts decide who will care for your children if both parents pass away. Naming a guardian in your will allows someone you trust to guide your children’s upbringing, values and daily routines. This choice helps limit uncertainty and reduce the risk of family conflict during an already vulnerable time.

2. Secure your children’s financial future

An estate plan allows you to control how you use your assets to support your family’s needs. From education costs to daily living expenses, you can create a trust or allocate funds in ways that promote long-term stability. Thoughtful planning helps reduce financial disruption if life takes an unexpected turn.

3. Make your healthcare wishes clear and actionable

Many of the most important decisions parents face go beyond money. Health care directives and powers of attorney let you choose who makes medical decisions if you cannot. For parents, putting these decisions in writing helps medical choices reflect your values while easing the emotional burden placed on loved ones.

4. Reduce the risk of family disagreements

Estate planning communicates your intentions directly, leaving less room for misunderstandings or disputes among relatives. By outlining your wishes in advance, you help protect family relationships and maintain a sense of stability during emotionally challenging moments.

5. Adapt your plan as your family grows

Life with children changes quickly. Estate planning allows you to revisit and adjust guardians, financial arrangements, and decision-makers as circumstances evolve. This flexibility helps keep your plan relevant and supports your family through every stage of life. An estate plan offers security and guidance during times of uncertainty. Taking these steps now helps give your children a stable foundation as they grow.

Seek legal guidance for peace of mind

Building a plan for the future may feel overwhelming, especially when you are just starting out as a family. Working with an estate planning attorney gives new parents the space to slow down and consider difficult “what if” questions, while translating those intentions into legally sound documents that guide guardianship, finances, and decision-making when they matter most.  ]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[Is spousal maintenance automatic in Wisconsin divorce?]]> https://www.lawintosa.com/?p=74284 2025-12-03T15:15:35Z 2025-12-03T15:15:35Z It is a common myth that a spouse is entitled to maintenance simply because the marriage is ending. If you are going through a divorce in Wisconsin, you must shed this misconception immediately. Understanding this crucial legal issue is the first step in protecting your finances, as it means you must actively build a case (or defense) for or against spousal support.

Alimony does not happen by default

Maintenance payments serve two main objectives:
  1. Support objective: This aim is to ensure the receiving spouse has enough money to maintain a reasonable standard of living after the divorce.
  2. Fairness objective: This objective acknowledges that marriage is an economic partnership where both spouses contribute, even if only one earns a paycheck.
If these two goals are met, courts may grant an order for spousal support depending on fairness and need. For instance, limited-term maintenance can help one spouse become financially independent. In longer marriages, indefinite maintenance, especially if one spouse has limited earning potential due to age or health issues, may be more applicable. Courts also order maintenance payments in a lump sum or through periodic payments. The bottom line is that courts will not simply impose a payment order without reviewing the facts of your marriage.

Factors that affect determinations

These are some of the most critical factors courts must consider when deciding on alimony:
  1. The length of the marriage
  2. The age and the physical and emotional health of both spouses
  3. The division of property between the parties
  4. The educational level of each party at the time of marriage and at the time of the divorce action
  5. The earning capacity of the party seeking maintenance
  6. The ability of the recipient spouse to become self-supporting at a comparable standard of living
  7. The contribution of one spouse in helping advance the other's education or career potential
  8. Any mutual agreements the parties made before or during the marriage
These factors determine if an income disparity exists and if one spouse truly needs support to continue their life. The absence of an automatic formula means you cannot predict the outcome of your case without careful analysis. It is crucial to note that courts will not consider marital misconduct, such as infidelity, as a relevant factor when setting spousal support.

Safeguard your financial future

Because state law does not contain an automatic maintenance rule, you will need to organize and effectively present all relevant financial and personal history. You owe it to yourself to approach this process with all the information you can gather. Divorce impacts your life for years to come, and spousal support is a crucial part of your long-term stability. The most desirable path forward involves understanding your rights and preparing a strong strategy when this aspect of divorce is a potential point of contention.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[Can I claim more than 50% of assets in Wisconsin divorce?]]> https://www.lawintosa.com/?p=74283 2025-11-07T11:37:31Z 2025-11-07T11:37:31Z Facing divorce forces you to look at your financial future with a clear, and often uncomfortable, lens. You need to know if the money, property and retirement accounts you worked hard to build will be cut exactly in half. Understanding when you might be entitled to more than half of the marital property can significantly impact your financial future after divorce.

Not always 50/50

Wisconsin classifies all property acquired by the couple during the marriage as marital property. This classification applies regardless of which spouse earned the money or whose name is on the legal document. Separate property only includes assets obtained before the marriage or received as a gift or inheritance from a third party. The state’s approach to divorce and property division follows community property principles. Do not let the term "community" mislead you into assuming an automatic equal split.  The legal presumption is that all marital property must be divided equally. This 50/50 division is the starting point for every case, but the court has the authority to order an unequal division. The law recognizes that fairness sometimes requires an uneven distribution of assets.

Factors that tilt the scales

A judge can decide that an equal division is not fair after reviewing specific, legally defined factors:
  • The length of the marriage: Shorter marriages sometimes result in a property division that restores each party to their financial standing before the marriage.
  • Property brought to the marriage: A spouse who entered the marriage with significantly more assets may receive more than 50% of the estate, especially in a shorter marriage.
  • The contribution of each party to the marriage: This includes the economic value of homemaking, childcare services and career sacrifices.
  • Contribution to the other party’s earning power: Did one spouse support the other through medical school or business training? The court can compensate for this investment through asset division.
  • Earning capacity and future economic circumstances: If one spouse has significantly lower earning potential, the court may award them a larger share of the assets to prevent future financial hardship.
  • Prior agreements: The court considers any prenuptial or postnuptial agreement the parties signed.
The court will evaluate all circumstances of the marriage before issuing a final order. You will need to present evidence on each of these points showing that an equal division would create an unfair result for you.

Financial misconduct matters

While Wisconsin is a no-fault divorce state, one specific type of misconduct does affect property division: the intentional wasting or destruction of marital assets, often called dissipation. Did your spouse deplete accounts, make unusual purchases or transfer property to friends or family before filing for divorce without your knowledge or consent. If you prove the dissipation, the court may award you a greater share of the remaining assets to offset your loss. The court may consider any asset with a fair market value of $500 or more that one spouse transferred for inadequate consideration, wasted or given away within one year of filing for divorce.

How to protect your interests?

The possibility of claiming more than 50% of marital assets exists, but achieving it requires more than just arguing you deserve more. The law places the burden of proof squarely on you. Start by gathering all financial records, such as bank statements, tax returns, pay stubs, retirement account statements and property appraisals. These will provide you a complete picture of the marital estate. If you received an inheritance or gift, you must trace those funds to prove you kept them separate from marital funds. If you suspect financial misconduct, note any unusual transactions, large withdrawals or gifts your spouse made shortly before or during the divorce process. Your financial future depends on a precise, evidence-based presentation of your case. Make sure your story is told accurately and persuasively to secure the financial settlement you deserve.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[How can you protect yourself in a for-sale-by-owner deal?]]> https://www.lawintosa.com/?p=74263 2025-10-03T14:27:35Z 2025-10-03T14:27:35Z Buying a home directly from a seller can seem like a straightforward way to save money. Without an agent involved, both parties may cut down on commission costs. But going into a for-sale-by-owner (FSBO) deal requires you to be careful. You want to make sure the process protects your interests and avoids costly mistakes.

Review the purchase agreement carefully

A purchase agreement is the foundation of your deal. In Wisconsin, a real estate contract sets out the terms of the sale, including price, closing date, and contingencies. Make sure everything is spelled out clearly. If the agreement leaves out details like repairs or inspection rights, you may end up with unexpected costs later.

Do not skip the home inspection

Some buyers think skipping an inspection will speed up the process, but that can backfire. A professional inspection helps you uncover hidden problems, such as electrical issues, water damage, or foundation cracks. Without this step, you could inherit expensive repairs the seller did not disclose. Protect yourself by scheduling an inspection before moving forward.

Confirm the property title is clear

Title issues can prevent you from truly owning the property. You need to verify that the seller has the right to sell and that no liens or disputes exist. Ordering a title search ensures you know if unpaid taxes, mortgages, or legal claims are attached to the property. Clearing these before closing protects you from future headaches.

Pay attention to disclosure requirements

Wisconsin law requires sellers to provide a Real Estate Condition Report, which lists known defects in the property. Read this carefully and compare it with your inspection results. If something is missing or unclear, ask questions before signing off. A seller who fails to disclose problems could leave you with financial and legal trouble down the road. Buying directly from a seller can save money, but you need to be thorough. Reviewing the contract, requiring an inspection, checking the title, and reading disclosures carefully can help you avoid costly mistakes. Taking these steps gives you confidence that your new home is a solid investment.]]> On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC <![CDATA[Can summary judgment avoid a full trial?]]> https://www.lawintosa.com/?p=74262 2025-09-03T13:52:11Z 2025-09-03T13:52:11Z When most people think of lawsuits, they picture long trials with witnesses, evidence, and closing arguments. But not every civil case reaches that stage. In certain situations, a process called summary judgment can resolve the case before a trial begins, helping everyone involved avoid months of uncertainty.

What summary judgment means

A judge issues a summary judgment when no major facts remain in dispute and the law clearly decides the outcome. The judge reviews all the evidence presented, applies the law, and delivers a decision without sending the case to trial. This process allows the court to focus on cases that genuinely require a full hearing.

When summary judgment can apply

After both sides gather and exchange evidence, one party may request summary judgment. If the evidence shows that the other side’s claim or defense cannot succeed under the law, the judge can decide the case immediately. This often happens in contract disputes, property issues, or other civil matters where the facts are clear, the evidence is solid, and no meaningful disagreement exists.

Benefits of avoiding trial

Summary judgment saves both sides significant time, money, and stress. Trials require months of preparation, multiple witnesses, and crowded court schedules. By resolving the case early, the parties avoid the uncertainty of a jury’s decision and can move forward with their personal or business matters more quickly.

Why summary judgment does not happen every time

Cases with factual disagreements, such as conflicting witness statements or unclear evidence, cannot qualify for summary judgment. The process demands strong legal arguments backed by reliable evidence. Without both, the request will fail, and the case will proceed to trial, often adding months or even years to the resolution. Summary judgment offers an efficient way to end certain civil disputes before they reach the courtroom. When the facts and law clearly favor one side, this process can deliver a faster and more cost-effective resolution while reducing the stress of extended litigation.]]>