– from Kimberly R. in Fox Point, WI

Question Details:

When I was divorced, I was awarded maintenance. In light of my declining financial situation, can I request an increase in maintenance that retroactively increase previous payments?

Family Law Attorney Response:

I really don't have enough information to go on, but retroactive maintenance increases have happened.

In the case of Harris v. Harris 141 Wis. 2d 569, 415 N.W.2d 586 (Ct. App. 1987), in addition to other circumstances, the wife motioned for increased maintenance and the husband motioned for termination. The court granted the termination, the court of appeals reversed. The circuit court awarded a great increase in maintenance on remand, and made it apply retroactively. The wife appealed again and the court of appeals reversed the amount, but affirmed the other areas. However, I must mention that since the time of this case the courts have been limited in their ability to revise retroactive maintenance awards.

My advice is to contact an attorney to discuss the details of your case before moving forward.

Lawyer Jeff Hughes from Sterling Law Offices, S.C.
Jeff Hughes, J.D.

Managing Partner

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