– 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 children affects maintenance payments.

In the case Enders v. Enders, 147 WIs.2d 138, 432 N.W.2d 638 (Ct. App. 1988), the father won custody over his two children. As a result, the court calculated the living expenses that incur from having children and reduced the amount of maintenance the husband had to provide for the wife. Maintenance payments can be reduced in this instance, but you won't stop making maintenance payments all together.

Give me a call if you need an attorney to represent you for your spousal support case.

Dan Exner, J.D.

Family Law Attorney

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