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bathofsurprise
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Maintenance payment question - Wisconsin
      #227367 - 04/27/07 09:59 AM

I have been divorced for just over one year now (after being married for 24 years) and have been paying maintenance. The divorce decree stated that I would pay maintenance ($1500 a month) for half the length of marriage (12 years) or until she remarried or died. At the time of the divorce, my ex had just finished going back to school and on paper it looked like I no chance of getting out of making maintenance payments. I was earning $70,000/year - she was earning... nothing. So, on the advice of my attorney - I agreed to the payment schedule.

She now is shacking up with her "boyfriend" - they have the money to buy a house (I am making their mortgage payment) and she has not pursued full-time employment. The judge at the divorce proceeding did ask her if she was going to pursue getting a full-time job and she answered "yes." That has since been found to be a lie (based on her tax return).

I cannot believe that I have to continue to financially support this B*tch with monthly maintenance. Understand that I have no problem with the splitting of pension, 401K, etc. because she was part of the marriage and I believe that she is entitled. However, do I have ANY recourse as I head straight to the poorhouse - and she is laughing all the way to the bank? BTW, we were divorced in a Wisconsin court.


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googledad
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Re: Maintenance payment question - Wisconsin [Re: bathofsurprise]
      #227370 - 04/27/07 10:15 AM

The Wisconsin statutes and case law are ambiguous , usually unless there is a cohabitation clause , nothing can be done . You can try to modify the current order , there is precedent for reducing the amount of maintenance based on cohabitation but not eliminating it .

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bathofsurprise
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Re: Maintenance payment question - Wisconsin [Re: googledad]
      #227373 - 04/27/07 10:34 AM

Thanks for the quick reply, googledad. I will contact my attorney to discuss possible reduction. I'm positive her expenses that she claimed at the time of the decree have gone down considerably since moving in with her boyfriend. Her boyfriend, BTW, is retiring early from a university research job and is NOT hurting at all for money.

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Relayer
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Re: Maintenance payment question - Wisconsin [Re: bathofsurprise]
      #229758 - 05/02/07 04:03 PM

Btw, in my case (Illinois) I was paying maintenance and her BF moved in 6 months after the divorce was final. I asked for a reduction or elimination. It was denied as there was no cohabitation clause. It went for 4 years.

It did say it would end once she got married, which they did exctacly 1 week after the scheduled date of termination of the maintenance. It was an amazing coincedence.

Just an FYI
PS..my payment, combined with my CS was so high, neither her NOR the BF had to work and neither did.

Sweet!

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Edited by Relayer (05/02/07 04:05 PM)


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yregna
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Re: Maintenance payment question - Wisconsin [Re: bathofsurprise]
      #238225 - 05/21/07 12:28 PM

Wisconsin is a Blue State....If you are a man with money, especially a white man, you get screwed. End of story.

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Maury
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Re: Maintenance payment question - Wisconsin [Re: yregna]
      #238241 - 05/21/07 12:54 PM

Wisconsin law allows a court to consider cohabitation of a former spouse as a basis to modify or eliminate spousal support if the cohabitation significantly reduces the financial need of the spouse. Although maintenance payments cannot be modified solely on the basis of cohabitation, a court may review the particular financial need of the recipient and ability to pay of the payer to determine if there has been a change in the financial circumstances of the parties.

In the case of Popp v. Popp, 146 Wis.2d 778, 432 N.W.2d 600
(Wis.App.,1988), the court ruled that a former wife's fiance, with whom she cohabitated after divorce, provided her and her children with housing, utilities, ntertainment, food as needed, and gifts, thus eliminating wife's need for maintenance payments designed to provide those same items, justifying termination of maintenance payments.

Also, if asked to modify the family support payments, the trial court should consider each party's "earning capacity rather than ... actual earnings," see Chen v. Warner, 280 Wis.2d 344, 695 N.W.2d 758 (WI. 2005)


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Relayer
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Re: Maintenance payment question - Wisconsin [Re: Maury]
      #238279 - 05/21/07 02:00 PM

Quote:

Wisconsin law allows a court to consider cohabitation of a former spouse as a basis to modify or eliminate spousal support if the cohabitation significantly reduces the financial need of the spouse. Although maintenance payments cannot be modified solely on the basis of cohabitation, a court may review the particular financial need of the recipient and ability to pay of the payer to determine if there has been a change in the financial circumstances of the parties.

In the case of Popp v. Popp, 146 Wis.2d 778, 432 N.W.2d 600
(Wis.App.,1988), the court ruled that a former wife's fiance, with whom she cohabitated after divorce, provided her and her children with housing, utilities, ntertainment, food as needed, and gifts, thus eliminating wife's need for maintenance payments designed to provide those same items, justifying termination of maintenance payments.

Also, if asked to modify the family support payments, the trial court should consider each party's "earning capacity rather than ... actual earnings," see Chen v. Warner, 280 Wis.2d 344, 695 N.W.2d 758 (WI. 2005)




So does Illinois. However, since he didn't work, he didn't contribute andhence the living expenses were not reduced.

Nice legal loophole.

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malevolentmoms
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Re: Maintenance payment question - Wisconsin [Re: bathofsurprise]
      #241866 - 05/27/07 04:13 PM

Quote:

I have been divorced for just over one year now (after being married for 24 years) and have been paying maintenance. The divorce decree stated that I would pay maintenance ($1500 a month) for half the length of marriage (12 years) or until she remarried or died. At the time of the divorce, my ex had just finished going back to school and on paper it looked like I no chance of getting out of making maintenance payments. I was earning $70,000/year - she was earning... nothing. So, on the advice of my attorney - I agreed to the payment schedule.

She now is shacking up with her "boyfriend" - they have the money to buy a house (I am making their mortgage payment) and she has not pursued full-time employment. The judge at the divorce proceeding did ask her if she was going to pursue getting a full-time job and she answered "yes." That has since been found to be a lie (based on her tax return).

I cannot believe that I have to continue to financially support this B*tch with monthly maintenance. Understand that I have no problem with the splitting of pension, 401K, etc. because she was part of the marriage and I believe that she is entitled. However, do I have ANY recourse as I head straight to the poorhouse - and she is laughing all the way to the bank? BTW, we were divorced in a Wisconsin court.




Is the maintenance being withheld directly from your check? If not, simply stop paying her for, oh, say, 120 days (the time it takes for the mortgage to go into default.) See how loud she's laughing when the sheriff is auctioning her home.

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rpnels912
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HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: malevolentmoms]
      #563041 - 08/04/09 02:54 PM

I have been divorced for since May 2004, I paid alimony for 18 months after being married for less then 4 years. My last payment was Jan. 2006. My ex has just filed a motion to take me back into court for opening up maintance again.
What is the WI. staute number that pertains to the following:
HOW LONG DOES MAINTENANCE LAST?
The court usually sets a definite term for maintenance except in certain cases such as an extremely long term marriage or where the person requesting maintenance has an inability to work. If maintenance is ordered for a set period of time and the party receiving maintenance feels it should continue, he or she can file a motion requesting an extension. This must be done, however, before the term of maintenance expires.


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Yes_Dad
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: rpnels912]
      #563275 - 08/05/09 07:24 AM

Quote:

I have been divorced for since May 2004, I paid alimony for 18 months after being married for less then 4 years. My last payment was Jan. 2006. My ex has just filed a motion to take me back into court for opening up maintance again.
What is the WI. staute number that pertains to the following:
HOW LONG DOES MAINTENANCE LAST?
The court usually sets a definite term for maintenance except in certain cases such as an extremely long term marriage or where the person requesting maintenance has an inability to work. If maintenance is ordered for a set period of time and the party receiving maintenance feels it should continue, he or she can file a motion requesting an extension. This must be done, however, before the term of maintenance expires.





Once the alimony time was sent, she can't go back and have it changed to last longer. Unlike CS, SS is not a given and you were only married 4 years. Her time is up. She can motion all she wants. She won't win. SS is usually done on a contractual basis (by agreement) and the term of the contract is over.


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stuckinarut
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: Yes_Dad]
      #563597 - 08/05/09 03:28 PM

my ex told me her lawyer said "if she is unable to become self supporting, she can motion to have her alimony into a permanent alimony" my lawyer said that is not true unless I agree to it! Everyone knows my answer to that!

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Maury
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: stuckinarut]
      #563704 - 08/05/09 10:41 PM

Given your scintillating intellect, as a response, and not understanding conversation, you probably made snowmen with your mashed potatos and blew bubbles in your drink with your nose.

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stuckinarut
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: Maury]
      #563892 - 08/06/09 11:55 AM

no I never did, i guess you did!

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Maury
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: stuckinarut]
      #564008 - 08/06/09 04:26 PM

Wow---what a come back. LOL! You should have just gone with PeeWee Herman's "I knew you are, what am I?"

Thank you for making my point.


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stuckinarut
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: Maury]
      #564020 - 08/06/09 05:21 PM

See, only you could think of a comeback like Pee Wee Herman...tsk tsk!

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Maury
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Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin [Re: stuckinarut]
      #564053 - 08/06/09 11:12 PM

(sigh) If only your lexicon allowed you to be even a little interesting.

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