Can the court remove already awarded support in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Rachel E. in North Prairie, WI

Question Details:

My husband and I just recently went through a divorce. During our nine-year marriage, I did not work as my husband made enough through his own job. My husband’s job created a pension for him, which the court decided to include when going through the property division. The court awarded me 40% percent of the pension initially. My husband now wants to appeal this, should I be worried about his appeal or is the award set?

Family Law Attorney Response:

Thank you for your question. After reviewing your details, it would be best to talk to a family attorney and prepare an appeal.

Although a property division is not subject to the court’s continuing jurisdiction and may not be modified based on a change of circumstances, sec 806.07 gives the court discretionary authority in grant relief from the judgment. In the case Thorpe v. Thorpe 123 Wis.2d 424, 367 N.W.2d 233 (Ct. App. 1985), a husband attempted to appeal the judge’s award of part of his pension proceeds to his wife. The judge knew of the ability to relieve someone of their judgment, but needs more than a change of circumstances.

Give me a call so we can set up a consultation regarding your appeal.

Dan Exner, J.D.

Family Law Attorney

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