– from Rebecca O. in Waukesha, WI

Question Details:

During my divorce, I was awarded a 50/50 split of our marital estate, maintenance, and child support. I walked away with what I was given, but I think the court made an error in their calculations when awarding the maintenance, support, and my share of the estate. Does my acceptance of the award mean I can't appeal??

Family Law Attorney Response:

No it does not. This has been demonstrated by the courts time and again. Accepting or using awarded property is not waiving the right to appeal the award.

This was seen in the case of Schinner v. Schinner 143 Wis. 2d 81, 420 N.W.2d 381 (Ct. App. 1988), as an example. Here, the wife had put in use the award from property division, maintenance, and child support. However, she appealed due to the exclusion of certain areas such as bonuses and pension. The court affirmed the pension and reversed the math error issue. Her initial acceptance was not a waiver to appeal.

My advice is to contact an attorney to discuss your case in detail.

Dan Exner, J.D.

Family Law Attorney

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