(h) That the relocation is sought in good faith and the extent to which the objecting parent has fulfilled his or her financial obligations to the parent or other person seeking relocation, including child support, spousal support, and marital property and
marital debt obligations.
For Married Wisconsin applicants: you recognize that the
debt you are seeking will be incurred as a family
obligation under Wisconsin law and that your
marital property may be subject to liability under this
obligation.
However, just as an argument can be made that one's separate property should be construed as
marital property, an argument may also be made that
debt accrued during marriage should be assessed to the party who created the
obligation.
In making an equitable apportionment of
marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2)
marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the
marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the
marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non
marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support
obligations; (13) liens and any other encumbrances upon the
marital property and any other existing
debts; (14) child custody arrangements and
obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.
A legal principle followed by most states, in which
marital property, (assets, earnings,
debt and
obligations) acquired during marriage are divided at divorce.