Archives: Caselaw

Application of Chen to Other Cases Troubling

Published: Wednesday, June 1st, 2005

This is the second of two articles analyzing the Wisconsin Supreme Court’s highly important decision in Chen vs Warner. The first article discussed the holding of the court and the reasoning of the two dissenting opinions. This article analyzes the holding and discusses its possible implications.

“Voluntarily Leaving Employment Not Shirking’ Under the Circumstances’ “

Published: Wednesday, May 25th, 2005

The Supreme Court of Wisconsin has issued its opinion in Chen v. Warner affirming the circuit court’s conclusion that a physician mother’s decision to quit her job after the divorce to stay home with the children, with which whom she had shared equal placement with the physician father, was not shirking.

Potential Derr v. Derr Problems

Published: Wednesday, April 20th, 2005

In my March 30 column, I praised the Wisconsin District IV Court of Appeals for their opinion in Derr v. Derr. However, a lesser portion of the opinion might prove problematic.

Derr Decision Helps ‘Cut Through the Haze’

Published: Wednesday, March 30th, 2005

This column has criticized appellate courts from time-to-time for inconsistency in their use of language. Recently, the District IV Court of Appeals used their opinion in Derr v. Derr to clear up years of confusion regarding non-divisible property. The result is a clear, consistent scheme which will undoubtedly serve as the lodestar for trial courts for many years to come.

2004 Wisconsin Court of Appeals Review

Published: Wednesday, February 2nd, 2005

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.

A Look Back at Family Law in 2004

Published: Wednesday, January 26th, 2005

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.

Kenyon Decision Has Two Positive Results

Published: Wednesday, January 5th, 2005

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.

Lemere Decision Gives Both Sides Ammunition

Published: Wednesday, July 23rd, 2003

The Wisconsin supreme court recently artfully danced around a few thorny policy issues when it released its long-awaited decision in LeMere v. LeMere, 2003 WI 67.

Supreme Court Addresses Child Custody Jurisdiction

Published: Wednesday, July 9th, 2003

The issue of jurisdiction over family court issues became clearer recently when the Supreme Court of Wisconsin issued its opinion in Tammie J.C. v. Robert T.C., 2003 WI 61.

Court Interprets Collection Statute Literally

Published: Sunday, June 1st, 2003

The Wisconsin Supreme Court made its first venture into the complicated issue of the statute of limitations for pursuing child support arrears on May 30, when it decided State v. Hamilton.