Schmidlkofer, Toth, Loeb & Drosen, LLCSchmidlkofer, Toth, Loeb & Drosen, LLC2026-09-25T15:59:38Zhttps://www.lawintosa.com/feed/atom/WordPress/wp-content/uploads/sites/1604994/2020/09/cropped-3431629_Favicon-Site-Identity-32x32.pngOn Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC<![CDATA[Can you settle a divorce without going to court?]]>https://www.lawintosa.com/?p=743402026-09-25T15:34:32Z2026-09-25T15:34:32ZDivorce can feel overwhelming enough without adding a courtroom dispute to everything else you already have to manage. You may want to resolve matters respectfully, protect your privacy or avoid having important decisions about your family and finances left entirely to a judge. At the same time, you may not know what options you have for reaching an agreement outside a traditional court battle.
Here are some ways you may be able to resolve your divorce and what court involvement still remains necessary.
You can negotiate disputes outside court
Negotiation gives you and your spouse an opportunity to work through disagreements and reach terms you both accept. You might use it to resolve issues involving:
Property and debts
Maintenance
Custody and placement
Other terms of your divorce
Wisconsin's prejudgment divorce process allows spouses to use negotiation to reach an agreement before the case reaches a contested hearing.
Mediation and collaborative divorce offer alternatives
These approaches provide additional structure when reaching an agreement on your own feels difficult. During mediation, a neutral third party helps you and your spouse discuss disputed issues and work toward mutually acceptable terms. In a collaborative divorce, each spouse works with their own attorney, while other professionals can join the process when needed.
Your agreement must address the divorce terms
Once you reach a settlement, you and your spouse need to put those decisions into a written agreement. The document can spell out how both parties will handle matters such as property, debts, maintenance and other unresolved issues. Putting your agreement in writing also gives the court a clear record of the terms you want incorporated into your divorce.
A judge still finalizes the divorce
Settling your disputes outside court does not eliminate the court's role in ending your marriage. Wisconsin law does not allow spouses to create a final divorce solely through a private agreement. The court must approve and incorporate the agreed terms into the judgment of divorce.The difference lies in whether you need a judge to resolve contested issues, not whether the court remains involved.
Choose the path that fits your situation
Negotiation, mediation or collaborative divorce can help you settle disagreements without a contested divorce trial. Each approach works differently, so your circumstances matter when deciding how to proceed. An attorney can review your situation, explain your options and help you assess an agreement before you submit it to the court.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC<![CDATA[When can parental rights be terminated in Wisconsin?]]>https://www.lawintosa.com/?p=743172026-08-20T15:30:18Z2026-08-20T15:30:18ZIf you are concerned that the other parent could lose parental rights, you may wonder what conduct could lead to such a serious outcome. Before the judge reaches a decision, they must first find a legal ground for termination, then determine whether ending the relationship serves the child’s best interests.
Here are some things you need to know before your situation makes it to a family law court.
Continuing denial of court-ordered placement or visitation
Certain serious crimes involving a child
The judge must find the required facts under at least one statutory ground before the case can proceed to the next stage. For example, failing to maintain a meaningful parental relationship with a child could support a claim based on failure to assume parental responsibility, but the specific facts still matter.
The child's best interests determine the outcome
Even with established legal ground, termination still depends on what serves your child's best interests. Wisconsin Stat. § 48.426 requires the court to consider factors such as:
Your child's age and health
Your child's relationships with you and other family members
Your child's wishes
How long you and your child have lived apart
The likelihood of adoption and a more stable family relationship
The court weighs these factors during a separate phase of the case before deciding whether to terminate parental rights.
Understand what termination would mean
Termination ends all legal rights and duties between the parent and child. After a court order, that parent no longer has legal authority to make decisions for the child or carries parental responsibilities.That makes termination very different from receiving less placement time or losing decision-making authority over certain issues. A custody dispute alone does not produce the same legal result.
Know when a termination case may apply
If you believe the other parent's conduct could justify termination, reviewing the facts with an attorney can help you determine whether they match a statutory ground. Bring relevant court orders, placement records and other information about the parent's involvement with your child so your attorney can assess the situation and explain your options.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC<![CDATA[Legal issues to consider when buying property with family]]>https://www.lawintosa.com/?p=743162026-07-09T14:20:50Z2026-07-27T14:16:49ZQuestions to answer before buying together
Before completing the purchase, you and your family members will likely discuss several details that can affect your rights and responsibilities, including:
Who will hold legal title to the property
How each owner will contribute to the purchase price, mortgage and ongoing expenses
Who will live in the home and who will make decisions about repairs, maintenance and major improvements
What happens if an owner wants to sell their interest or can no longer meet their financial obligations
How events such as death or divorce could affect ownership
Answering these questions early helps everyone begin with the same understanding of the arrangement. Recording those decisions in writing can also help prevent future disputes.
How ownership structure affects your rights
The answers to these questions will determine how you and your family own the property. That ownership structure affects what happens after the purchase. Different ownership structures have different rules for transferring an owner's interest after death, selling a share of the property or addressing other changes in ownership. Those rules can also affect the options available to the remaining owners.
The documents prepared for the purchase should reflect the decisions you and your family have already made about ownership. When those documents match the agreed-upon arrangement, they provide a clearer framework for managing the property in the future.
Shared ownership starts with clear expectations
Buying property with family members can help you become a homeowner or invest in real estate while sharing costs and responsibilities. Like any long-term investment, it is more likely to succeed when everyone agrees on how the property will be owned and managed from the beginning.
Taking time to address these issues before buying the property can help reduce confusion later and allow your family to focus on the opportunities that shared ownership can provide.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC<![CDATA[When can you modify a Wisconsin child support order?]]>https://www.lawintosa.com/?p=743142026-06-30T13:45:32Z2026-06-30T13:45:32ZWhat counts as a substantial change in circumstances?
Wisconsin law does not permit a child support order modification simply because one parent perceives the amount is unfair. You generally need to demonstrate a substantial change in circumstances since the order was last set, such as:
a meaningful shift in your income or the other parent's income
a change in your placement schedule, such as the child now spending more time with you than the order reflects
new or increased medical or educational expenses
a parent's incarceration
a child turning 18 while still pursuing a high school diploma
If your support order is not based on a percentage of income, you can request a review once 33 months have passed since it was last set, even without any other change in circumstances.
What does a meaningful shift in income look like?
A drop in income does not need to be severe to count. The Wisconsin Department of Children and Families notes that a review typically looks for a change of at least 15% or $50 per month, in either direction, before it affects your support amount. If your income falls within that range, it may provide you grounds to request a lower payment.
How do you formally request a modification?
You have a few options, depending on whether you and the other parent agree on the new amount:
If you and the other parent agree on a new amount, you can file a stipulation with the court at no cost.
If you do not agree, you can file a motion, which typically involves a $30 filing fee or $50 if you are also seeking custody or placement changes.
You can also ask your county child support agency to review your case at no cost.
Whichever path you choose, the change does not take effect until a judge approves it.
What can you expect after you file?
Once you file, the other parent must be formally notified, and any change generally applies only going forward, not retroactively. If you request a review through the county child support agency instead, expect the process to take up to 180 days.
If your circumstances have changed and you are unsure what your options look like, it may help to talk through your situation with a family law attorney who can review the specifics of your case and walk you through what comes next.]]>On Behalf of Schmidlkofer, Toth, Loeb & Drosen, LLC<![CDATA[Helping your child cope with your divorce in Wisconsin]]>https://www.lawintosa.com/?p=743072026-05-29T14:40:30Z2026-05-29T14:40:30ZKeep 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=743052026-05-04T15:56:02Z2026-05-04T15:56:02ZLegal 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=742982026-04-01T17:30:02Z2026-04-01T17:30:02ZHow 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=742922026-02-25T14:04:45Z2026-02-25T14:04:45ZMany 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=742912026-01-20T10:00:03Z2026-01-20T10:00:03ZThe 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=742892026-01-06T08:01:25Z2026-01-06T08:01:25ZStarting 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.
]]>