Can I appeal the maintenance requirement a set by a WI court? | Sterling Law Offices, S.C. global $post;
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– from Scott Z. in Hartford, WI

Question Details:

I want to appeal the maintenance order that was set during my divorce. My ex-wife and I married 11 years ago. We never had kids and we both worked at our jobs for longer than our marriage. At the divorce, the trial court divided the marital estate and pension plans equally. I have no problem with those property divisions. The problem is the court also awarded my wife maintenance and did not set a timeline of how long she would be receiving it. Based off the property division from the marriage and her job, she should not need maintenance from me. Is it smart to file an appeal?

Family Law Attorney Response:

I need more details from you regarding the maintenance (specifically, if the maintenance poses any large financial burden) in order to be completely certain. However, it is never easy to win an appeal for maintenance because decisions are based on the trial court’s discretion.

In the case Kennedy v. Kennedy 145 Wis.2d 219, 426 N.W.2d 85 (Ct. App. 1988), a husband attempted to appeal the maintenance ordered against him as he felt his wife would be fine based off of the property division. However, the appellate court did not agree with the husband and upheld the decision. The appellate court said one party should not be obliged to invade or exhaust property division to support herself when the opposite party’s income is sufficient to provide with maintenance meeting the objectives of support and fairness.

Give me a call with more details to see if you have a stronger case for the maintenance to be dropped.

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

Managing Partner

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