Archives: Articles By Gregg Herman

In a previous article, we looked at the Wisconsin Supreme Court’s significant family law cases from 2004. In this article, I will focus on significant 2004 cases decided by the Wisconsin Court of Appeals.

Per tradition, it is time to take a look back at the significant family law cases which were decided during the past year, with either plaudits for the well-reasoned decisions or – forgive me, judges – one last kick at those with which I take issue.

The Supreme Court of Wisconsin recently decided Kenyon v. Kenyon, 2004 WI 147, the first case since Rohde-Giovanni v. Baumgart, 2004 WI 27, 269 Wis. 2d 598, 676 N.W.2d 452 to consider the difficult issue of post-judgment maintenance.

In Rumpff v. Rumpff, the District II Court of Appeals called into question the definition of “equivalent care” and the efficacy of the sharing of “variable expenses” in the state’s child support guidelines.

A recent Wisconsin Court of Appeals decision, which is recommended for publication, contradicts long-held beliefs regarding the ability of parties to contract for determination of child issues outside of the court system.

What happens when new legislation causes a direct conflict with an existing statute? Did the Wisconsin legislature forget about the existing law? How does an appellate court, which is supposed to interpret statutes, not rewrite them, deal with such a conflict?

On the one hand, some courts have moral qualms about overnight guests, especially if the divorce is not final. On the other hand, society seems to have accepted far more permissive bounds of sexual conduct today than in the past. Where should the line be drawn?

Note to the Wisconsin Court of Appeals: If shirking is an “unfortunate term,” as you characterized it in your recent family law decision, Chen v. Warner, please stop using it!

In divorce settlement, both parties have information which is held privately and information which is known to both parties. Both sides typically will know (or at least should know) some information, like the community cards in “Texas Hold-em.”

Gov. Jim Doyle recently signed into law 2003 Wisconsin Act 130. Among other things, this bill creates a rebuttable presumption against awarding legal custody to a parent who has engaged in a pattern or serious incident of domestic abuse, requires a GAL and mediator to have training related to domestic violence and requires the GAL to investigate whether either party has engaged in domestic violence.