The services of Anderson & Anderson Law Office, S.C. have been deemed an “Essential Service” and therefore we will remain open during the safe-at-home policy. 

One of the biggest casualties of the COVID-19 (Corona Virus) has been job losses as a result of mandatory closings and safe-at-home policies.  This can present substantial problems for payors of both child support and maintenance orders.  These support orders are typically fixed dollar orders based upon the payor’s income.  If the payors income has gone down through no fault of their own, the orders may be subject to modification under Wis. Stat. § 767.59.  This includes both child support and maintenance orders.  It is important to note, however, that Wis. Stat. § 767.59(1)(m) states:

In an action to revise a judgment or order with respect to child support, maintenance, or family support, the court may not revise child support, maintenance, or family support due, or an amount of arrearages, in child support, maintenance payments, or family support payments, that has accrued, prior to the date that notice of the action is given to the Respondent except to correct previous errors and calculations.

This means time is of the essence to file a motion to modify support in the event of a substantial loss of income.  The court cannot go backwards to revise a support order.  The longer the wait, the bigger the arrearage which the court cannot reverse retroactively.  The court can only modify support as of the date of service of motion to the payee. 
  
Our office has decided to offer a reduced retainer fee to file motions to modify support obligations during the safe-at-home policy and COVID-19 quarantine.  If you have lost your job as a result of COVID-19, and have a support obligation you are afraid you can no longer meet, contact our office to speak with one of our attorneys.  Our office is open Monday through Friday from 8:00 am until 5:00 pm.  We can be reached by calling (262) 654-0999. 

Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic
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1. BE HEALTHY.
Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media.

2. BE MINDFUL.
Be honest about the seriousness of the pandemic but maintain a calm attitude and convey to your children your belief that everything will return to normal in time. Avoid making careless comments in front of the children and exposing them to endless media coverage intended for adults. Don’t leave the news on 24/7, for instance. But, at the same time, encourage your children to ask questions and express their concerns and answer them truthfully at a level that is age-appropriate. 

3. BE COMPLIANT with court orders and custody agreements.
As much as possible, try to avoid reinventing the wheel despite the unusual circumstances. The custody agreement or court order exists to prevent endless haggling over the details of timesharing. In some jurisdictions there are even standing orders mandating that, if schools are closed, custody agreements should remain in force as though school were still in session.

4. BE CREATIVE.
At the same time, it would be foolish to expect that nothing will change when people are being advised not to fly and vacation attractions such as amusement parks, museums and entertainment venues are closing all over the US and the world. In addition, some parents will have to work extra hours to help deal with the crisis and other parents may be out of work or working reduced hours for a time. Plans will inevitably have to change. Encourage closeness with the parent who is not going to see the child through shared books, movies, games and FaceTime or Skype.
 
5. BE TRANSPARENT.
Provide honest information to your co-parent about any suspected or confirmed exposure to the virus, and try to agree on what steps each of you will take to protect the child from exposure. Certainly both parents should be informed at once if the child is exhibiting any possible symptoms of the virus.

6. BE GENEROUS.
Try to provide makeup time to the parent who missed out, if at all possible. Family law judges expect reasonable accommodations when they can be made and will take seriously concerns raised in later filings about parents who are inflexible in highly unusual circumstances.

7. BE UNDERSTANDING.
There is no doubt that the pandemic will pose an economic hardship and lead to lost earnings for many, many parents, both those who are paying child support and those who are receiving child support. The parent who is paying should try to provide something, even if it can’t be the full amount. The parent who is receiving payments should try to be accommodating under these challenging and temporary circumstances.
Adversity can become an opportunity for parents to come together and focus on what is best for the child. For many children, the strange days of the pandemic will leave vivid memories. It’s important for every child to know and remember that both parents did everything they could to explain what was happening and to keep their child safe.

Association of Family and Conciliation Courts | 6525 Grand Teton Plaza, Madison, WI 53719

Kenosha County Circuit Court has issued a temporary emergency procedure and directions for the Court during the next several weeks in response to the COVID-19 pandemic.  Governor Evers, Kenosha County, and the City of Kenosha have declared a public health emergency.   The below guidelines were issued by Kenosha County Circuit Court as of March 16, 2020.  

1. All contested matters requiring in-person appearances including court trials, contested custody and placement hearings, any hearing where evidence will be taken by other than telephonic means and all mediation matters are suspended until after April 3, 2020, or until further Order of the Court. Clerks in individual branches will schedule these proceedings as the Court's calendar permits. Contact the individual branch for direction if the parties wish to have evidentiary hearings by phone. It will be left to the discretion of the Judge or Court Commissioner to do so.
2. Any hearing that can be done by phone will proceed as scheduled, including but not limited to, scheduling conferences, status conferences, motion hearings. All others will be rescheduled by the Court.
3. All Paternity, Child Support Establishment, Enforcement and Contempt Hearings are suspended until after April 3 2020. The Court will provide notice to the parties.
4. All petitions for Domestic Violence Injunctions, Child Abuse Injunctions, Harassment Injunctions and Temporary Restraining Orders shall be heard as scheduled in person or by telephone at the discretion of the Court.
5. All stipulated divorces shall be adjourned until after April 3, 2020, or until further Order of this Court.
6. All Parent Education Classes are cancelled until May 15, 2020 until further Order of the Court. Parties will be notified of the new date by the Court. 

​Our office will be contacting you directly if your case will be affected by the temporary emergency procedures. If you have any questions, please contact our office to discuss with your Attorney.