– from Jean T. in Wayne, WI

Question Details:

I understand courts do not want to overturn an initial court’s ruling, but I feel the trial court made a mistake when the maintenance order I received was for $400 a month. When does the court of appeals overturn the trial court?

Family Law Attorney Response:

Thank you for your question.

As discussed in the case Mathewson v. Mathewson, 135 Wis.2d 411, 400 N.W.2d 485 (Ct. App. 1986), the court of appeals will not find an abuse of discretion if the record shows that the trial court exercised its discretion and that there is a reasonable basis for the court’s determination. Discretion contemplates a process of reasoning which yields a conclusion based on logic and founded upon proper legal standards.

If you have any more questions, feel free to call.

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

Managing Partner

lexis-nexis-image lawyers-image justia-image hg-image findlaw-image avvo-image