Tuesday, December 31, 2013

GOP bill would change WI child custody, support laws

Some much-needed reforms are being considered in Wisconsin:
Father's rights groups are fighting to change the way courts rule in child custody and child support cases. And they've gotten the attention of some Republican lawmakers.

Rep. Joel Kleefisch (R-Oconomowoc) authored Assembly Bill 540, which seeks to establish a presumption in the law that equal placement with each parent is in the best interest of a child after a divorce. ...

"Its not really in the best interest of children to have a one-size fits all statute that does say you must equalize, unless....," countered Daphne Webb, a family law attorney with the Stafford Rosenbaum firm of Madison.
Maybe Rule of Law is not really in the best interest of divorce lawyers who make a lot more money when the judge has more discretion to rule according to his prejudices.

Rule of Law means that courts acts according to written rules and regulations in predictable ways. It was invented 1000s of years ago, and it essential for modern civilization. If you do not pay your rent or mortgage, you can be evicted, if proper procedures are followed.

Somehow the family law attorneys have convinced everyone that Rule of Law is not in the best interest of the children. They are nuts. I am glad to see some Wisconsin Republicans have a more sensible view.

4 comments:

paulmurray said...

Here's a radical thought: there are some things more important than "the good of the children".
Rule of law is one of them. Not victimising men at the whim of their partners is another.
There's a word for it - an old word you don't hear much anymore … oh, that's right: "Justice".

lisa said...

Several states have done this. The two big hurdles even if you have a law like this are

1. The same judges are on the bench and they become swayed by things like travel time, access to school etc. So they learn how to write judgements that conform with exceptions to new law.

2. more importantly, most cases are settled. most people cannot pay for litigation or are willing to represent themselves so they settle.

Also, the idea that child support $s

lisa said...


oops, also the idea that child support $s over 150k should not count.

NY has a law that was originally proposed to read this. The final version read child support wages should be capped at 120k unless there is a quality of life or best interest of the child argument to be made.

This language was for severely disabled children, etc. But in reality it is used to force richer americans to need more billable hours from an attorney. AND income protection is a tax deductible expense. So lawyers and accountants love these new laws.

Anonymous said...

http://online.wsj.com/news/articles/SB10001424052702303997604579240022857012920

Interesting read.