– from Robert N. in Brookfield, WI

Question Details:

I am in the processes of getting a divorce. I have been married for nearly 15 years, and have two children. I am not planning on fighting her for custody, and I know I will be ordered to pay support. The question that I have is, will the value of my pension be included in determining my cash value when setting maintenance or support orders?

Family Law Attorney Response:

Generally, yes. However, this would depend on many factors. This includes the vested versus non-vested value, and whether you are currently receiving benefits. They also have the authority to discount future tax liability. I would need to know more details in order to provide you with the most accurate advice, but I can give you an example from another case as one scenario.

In the case of Kastelic v. Kastelic, 119 Wis. 2d 280, 350 N.W.2d 714 (Ct. App. 1984), it was decided that future tax liability would not be included in the judgment, however, the pension itself was to be included as a cash equivalent when setting maintenance and support.

My advice is to consult with an experienced family law attorney. He/she will be able to provide you with accurate advice based on the details of your situation, provide you with guidance as to the direction in which you should proceed, and will also represent you during the hearings.

Dan Exner, J.D.

Family Law Attorney

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