– from Clarence U. in Whitefish Bay, WI

Question Details:

I know I will have to make payments to my wife regarding our property division. However, would I be allowed to make payments in installments? And if this is allowed, will I be subject to interest per payment?

Family Law Attorney Response:

The court does allow installment payments for property division. However, the court has the final decision regarding installment payments and interest.

As seen in the ruling of Overson v. Overson, 140 Wis.2d 752, 412 N.W.2d 896 (Ct. App. 1987), it is at the discretion of the trial court whether or not interest is allowed on the balance due in property division payable by installments. If a timely appeal occurs regarding support payments, the trial court has the discretion to retroactively adjust any portions of the original judgment.

If you any more questions, give me a call.

Trisha Festerling, J.D.

Family Law Attorney

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