Is he still liable for the cost of living provision in Wisconsin? | Sterling Law Offices, S.C. global $post;
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– from Sharon M. in Whitefish Bay, WI

Question Details:

The family support obligation ended a few months ago, but my ex-husband still owes thousands in arrearages in regards to the Cost of Living Adjustment provision granted by our divorce judgement. Is he still liable for the arrearages even though the obligation has ended?

Family Law Attorney Response:

First, thank you for your question about your spousal support case.

In the case of Wall v. Wall 140 Wis. 2d 341, 410 N.W.2d 593 (Ct. App. 1987), a similar situation was brought before the court. The husband appealed and claimed, among other factors, that the wife had failed to comply with the notice procedures of section 767.33(2) of the Wisconsin Statutes (this has since been repealed and no longer contains the notice provision). The court affirmed based on several factors pursuant to the specifics of that case.

Your case will be decided on its own merits. This is just one example as to how a similar case ended.

My advice is to contact a family law attorney before proceeding any further.


Dan Exner, J.D.

Family Law Attorney

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