– from Brian U. in Milwaukee, WI

Question Details:

My wife and I have entered into a stipulation that I would receive custody of the children and she would receive maintenance. Now she is asking for what is, in my opinion, an unreasonable amount. If I’m taking care of the children, how will maintenance be calculated?

Family Law Attorney Response:

To give you the most accurate answer, I would need to know more details about your stipulation. However, based on only on the information you have provided, I can give you a brief overview.

First, the court will consider your income. They will take into account your basic expenses in addition to the estimated cost of supporting the children. This will definitely affect the amount of maintenance your wife will be awarded. To cite an example of this, in the case of Enders v. Enders 147 Wis. 2d 138, 432 N.W.2d 638 (Ct. App. 1988), a husband and wife entered into a similar stipulation. When the wife was not awarded the maintenance she had sought, she appealed. The court of appeals affirmed.

I advise you to seek legal counsel before proceeding any further.

Dan Exner, J.D.

Family Law Attorney

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