– from Russell Z. in Mukwonago, WI

Question Details:

My wife and I divorced two years ago. The final divorce judgment ordered certain provisions in regards to the distribution and division of property. My wife now feels as though the judgment is unfair concerning the interest she must pay. Can she make a motion to amend the final judgment if she feels an error has been made?

Family Law Attorney Response:

She can make the motion, but its up to the court to decide whether to amend a property division judgment. She would need to prove an error had been made in calculating the interest payments.

In the case of Mathewson v. Mathewson 135 Wis. 2d 411, 400 N.W.2d 485 (Ct. App. 1986), the wife made a motion to the court to amend a judgment three years after divorce. The court denied her motion, but amended other provisions of the judgment. The husband appealed, and the court of appeals reversed. The court of appeals found the trial court had abused its discretion.

This is one example, but your case will be decided solely on its own merits. My advice is to seek legal representation before proceeding.

Dan Exner, J.D.

Family Law Attorney

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image