– from Jesse O. in Greenfield, WI

Question Details:

My support and maintenance fees are starting to get too expensive each month. I want to pay but cannot handle the high monthly fee. Can I request one be lowered?

  Family Law Attorney Response:

Wisconsin courts decided in Erath v. Erath, 141 Wis.2d 948, 417 N.W.2d 407 (Ct. App. 1987) that if a party cannot pay both support and maintenance from his earnings, the trial court in its discretion may modify the maintenance award with respect to how it should be paid. This would be periodic payments set accordingly to the ability of a spouse to pay.

I hope this answers your question. Otherwise, feel free to give me a call.

Trisha Festerling, J.D.

Family Law Attorney

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