Alimony Case Law Archives | Sterling Law Offices, S.C. Alimony Case Law Archives | Sterling Law Offices, S.C. global $post;
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Am I Entitled to Property Division if he and I Were not Married?

Question Details: My boyfriend and I never believed in marriage. We were together for over a decade, and had a child together. The child and I both went under his last name. We filed taxes jointly, and announced publicly that we were married. I quit my job and became...

Am I Entitled to Benefits Currently in pay Status?

Question Details: I am about to begin my divorce. My husband is currently receiving civil service pension benefits. I am seeking fifty percent of the martial property, fifty percent of the pension benefits, and maintenance. My husband claims that he is not liable for...

Is my Pension Subject to Division?

Question Details: I worked for a company for approximately 14 years before my wife and I were married. About 6 months after my marriage, my interest in my company’s pension plan was vested. My wife and I have been married for about 15 years. Now we are getting a...

Are section 71 payments modifiable?

– from Theresa W. in Wauwatosa, WI Question Details: When my husband and I were divorced, we agreed to a stipulation that would waive a maintenance award in lieu of periodic section 71 payments. However, when my husband lost his job, he stopped paying....

Can revisions to section 71 payments be filed under maintenance?

– from Benjamin Y. in Hartford, WI Question Details: While we were getting divorced, my wife and I entered into a stipulation to waive maintenance in exchange for my paying her section 71 payments for a predetermined amount of time. This was not to be altered....

Was I denied due process?

– from Frank K. in Germantown, WI Question Details: I was never served support orders after my divorce because I had no home. I missed the final divorce hearing when support was apparently set. I have been staying with friends and have no job or income. The...

Is maintenance based on need or standards of living?

– from Rachel F. in St. Francis, WI Question Details: My husband and I have been married for almost seven years. Over the last two, we have steadily grown apart. We both work, but he is the primary bread-winner. We have no children, so child support isn't an...

Is she still entitled to support?

– from Jason A. in Cudahy, WI Question Details: Before my wife and I were married, we signed a prenuptial agreement. She was near retirement already and decided to retire before she was eligible for full pension benefits. However, it has been under two years,...

Can I request an evidentiary hearing?

– from Ronald V. in West Allis, WI Question Details: When my wife and I were divorced, she received custody and I was ordered to pay support. I have made good on the order and am current on all support obligations. My ex-wife has now begun the...

How will the maintenance award be calculated?

– from Brian U. in Milwaukee, WI Question Details: My wife and I have entered into a stipulation that I would receive custody of the children and she would receive maintenance. Now she is asking for what is, in my opinion, an unreasonable amount. If I’m taking...

Can a filed order protect me against contempt?

– from Joseph Y. in Shorewood, WI Question Details: The court wants to place me in contempt as I failed to make all my support payments. However, I recently sent in a stipulation that shows I plan to make payments in time. Will this bar the contempt? Family Law...

If my wife and I are financially equal, will I owe maintenance?

– from Sean X. in Glendale, WI Question Details: My wife and I were married for over 20 years. We met on the job at a manufacturing plant, started dating, fell in love, and eventually married. We both have the same tenure, the same form of pension plan, and...

Am I eligible for maintenance?

– from Teresa J. in Richfield, WI Question Details: My husband I have been married for nine years. We have one son who is a minor. During our first three years of marriage, my husband went to law school. In order to stay above water, I worked full time while he...

Can a judge ignore a statute when making a final decision?

– from William S. in Barton, WI Question Details: I am looking at possibly filing for a divorce. I understand that I will likely pay maintenance since  I am the sole financial provider for my family. However, I know my wife will inherit a large sum from her...

Does the court have jurisdiction over my ex-husband?

– from Kathryn I. in West Milwaukee, WI Question Details: My husband and I were divorced several years ago here in Wisconsin. About a year ago, he moved out of the state for a new job. We have no children, but he does pay maintenance. Unfortunately, my income...

Can my maintenance award be adjusted?

– from Amanda F. in Summit, WI Question Details: Despite all of the complexities of our divorce, the court awarded me maintenance and he incurred the credit card debt. There were many other provisions, awards, divisions, etc., but the maintenance and...

Could my maintenance be retroactively increased?

– from Kimberly R. in Fox Point, WI Question Details: When I was divorced, I was awarded maintenance. In light of my declining financial situation, can I request an increase in maintenance that retroactively increase previous payments? Family Law Attorney...

What constitutes a change of circumstance?

– from Aaron Q. in Brookfield, WI Question Details: I am paying maintenance to my ex-wife based on my income. I have transferred my interest in several properties to my children, therefore reducing my income. I want to motion the court for a maintenance...

Does a alimony end if they remarry?

– from Cynthia Z. in Slinger, WI Question Details: When I was divorced. my husband and I stipulated that I would receive maintenance for a set number of years. It did not mention remarriage or anything. It only stipulated that I would receive the maintenance...

Is he still liable for the cost of living provision?

– from Sharon M. in Whitefish Bay, WI Question Details: The family support obligation ended a few months ago, but my ex-husband still owes thousands in arrearages in regards to the Cost of Living Adjustment provision granted by our divorce judgement. Is he still...

Am I entitled to maintenance since I used to support the family?

– from Anna N. in Newburg, WI Question Details: My husband and I met working at the same company, holding the same position. When we were married, he quit and went to school to become a CRNA. I supported the both of us for the next several years. After he...

Am I entitled to maintenance?

– from Elizabeth C. in Slinger, WI Question Details: I want to file a divorce with my husband. I plan to look for a job but have not been employed for a while. Will I receive any type of maintenance? Family Law Attorney Response: If you are looking for an...

Am I eligible for maintenance?

– from Karen D. in Wales, WI Question Details: My husband and I were married for thirty years. During that time, I raised two children and worked part-time as a waitress while he worked as a business owner of a local bar. He also worked partially with his sister...

Can my maintenance award be modified?

– from Patricia U. in West Milwaukee, WI Question Details: I have been married for nearly 20 years. Even though I do have a diploma and prior work experience, I have not worked for the last 15 years of the marriage. My husband is a successful business owner...

Can proceeds from property division be double counted as income?

– from Gary R. in Hales Corners, WI Question Details: My wife and I began divorce proceedings about two years ago. We accepted extended mediation following a one-year separation. We are now going back to court to proceed with the divorce very soon. Before the...

Can my ex-wife extend maintenance?

– from George F. in Wauwatosa, WI Question Details: My wife and I were divorced a little over 5 years ago. At the time of divorce, I was ordered to pay maintenance for 5 years as part of the final divorce judgment. I made payments faithfully during this time,...

Does having custody over my children affect my maintenance?

– from Joseph T. in Genesee, WI Question Details: My wife and I are getting a divorce. If I receive custody of the kids, will the court lower my required maintenance payments? Family Law Attorney Response: To answer your question briefly, yes, having custody of...

Can severance payments be used for maintenance payments?

– from Thomas U. in Vernon, WI Question Details: I am supposed to make maintenance payments to my ex-wife of 17 years for the next three years. However, my job just laid me off due to the company shutting down. I am receiving severance payments from my pension...

Will the court count my pension fund as a source of income?

– from Robert N. in Brookfield, WI Question Details: I am in the processes of getting a divorce. I have been married for nearly 15 years, and have two children. I am not planning on fighting her for custody, and I know I will be ordered to pay support. The...

Do I have to pay maintenance even after she remarries?

– from John M. in New Berlin, WI Question Details: I have been divorced for several years. According to our divorce agreement, I would continue paying maintenance in exchange for a majority in the property division. I agreed to this at the time, but I have since...

Am I at risk of losing everything during my divorce settlement?

– from Philip D. in Trenton, WI Question Details: I am worried about all of the horror stories I hear about getting a divorce. My wife and I have been married for almost 20 years, and for the last 10 years she has basically supported me while I went to school...

How do courts interpret phrases with multiple meanings?

– from Alan Y. in Germantown, WI Question Details: My wife and I set prenuptial agreements up before our marriage. One phrase states that my wife will receive maintenance as long as we are “separated”. My wife is remarrying in a year. To me this means our...

What must happen in order for a stipulation to be upheld?

– from Theresa G. in Erin, WI Question Details: My husband agreed to an original stipulation in our divorce, stating he will pay maintenance to me for life, regardless if I get remarried. I am on the verge of being remarried and he wants to appeal the...

Is there a set formula for maintenance?

– from Nicole V. in Hartford, WI Question Details: I am currently looking at getting a divorce with my husband. I am worried about the property division split after the divorce. During the beginning of our marriage, my husband went to law school and I worked as...

Can I avoid a stipulation I agreed to?

 – from Justin K. in Shorewood, WI Question Details: When my wife and I filed for a divorce I signed a stipulation agreeing to pay maintenance for the next 20 years, regardless if she gets married. I firmly believed she would not get married and understood...

Will I receive maintenance after 15 years of being a homemaker?

 – from Jean H. in Cudahy, WI Question Details: My husband and I have been married for going on 20 years. We have both decided to call it quits. I can't say the circumstances are on the best of terms, but we do agree that I should have custody of our two...

Am I entitled to maintenance, if so, for how long?

 – from Mary A. in West Allis, WI Question Details: Me and my husband have been married for over 25 years. I was 18 when we got married. My husband insisted that I be a homemaker. He was adamant about me not working. We also have a 13 year old daughter. He has...

Can I receive maintenance in order to remain a stay at homemaker?

 – from Linda C. in Greenfield, WI Question Details: I am a mother of two, and I am currently in the process of getting a divorce. My children are two and four years old. I only worked part time before the marriage, and haven't worked since. My husband has...

If I lose my job, how am I going to keep up with alimony payments?

 – from Joseph U. in Hartford, WI Question Details: My work is seasonal. If I lose my job, how am I going to keep up with alimony payments? Family Law Attorney Response: Spousal support payments, sometimes called maintenance or alimony, are generally agreed upon...