Maintenance Orders for Homemakers in Wisconsin | Sterling Law Offices, S.C. global $post;
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 – 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 agreed to give me custody of the children due to his work schedule, but he says I have to get a full time job in order to support them. I really enjoy being a stay at home mom, and I am unprepared to jump back into the workforce. Is there any way I would be able to receive maintenance in addition to child support in order to remain a stay at home mother?

Family Law Attorney Response:

There are many things a court will consider when it comes to a request like this. One of those things are the duration of the marriage.

The more time you have invested into the marriage as a homemaker, the higher the amount of maintenance you are entitled to. The income of your husband, you and your children’s standard of living, and your ability to work are also points of consideration, among others.

In the case of Hartung v. Hartung, 102 Wis. 2d 58, 306 N.W.2d 16 (1981), the court ultimately ruled that the mother was entitled to prolonged maintenance due to the fact that the decision to remain a homemaker is a career choice just like any other career.

It is best that you contact a family law attorney to go over all of the details of your specific circumstances. He/she would be better able to advise you of the possible outcomes based on the information you provide.

Dan Exner, J.D.

Family Law Attorney

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