Start Your Divorce Today - Premium Divorce Online


Divorce Source Community Forums >> Spousal Support/Alimony

Jump to first unread post. Pages: 1
hwe0919
recently joined


Reged: 04/13/10
Posts: 2
Maintenance in Wisconsin
      #651655 - 04/13/10 12:24 PM

I just went to court and had one of my children dropped from child support because she turned 18. for the hearing i did not hire an attorney b/c i was told it is a straight forward deal. during the hearing my ex wife's attorney said that i should be paying more in maintenance b/c i made more money than what was agreed to in the original divorce document. The court stopped him and decided only on the child support. My had worked part time for years but recently has been employed full time in a management position. after i filed the papers she quit a part-time job that she had for the past three years. this reduced her income to just above what she made at the time of divorce. i on the other hand have gone back to school, training and received a promotion b/c of it. i am now worried that i will be taken back to court by my ex to up my maintenance payment. I consider that she lives a better life style than when we were married based on the things that she has and buys that we never would have bought had will still been married. she still has the cottage even though she rents a duplex.

my question as it relates to Wisconsin
1. is there a need to equalize incomes post divorce?
2. what determines the same standard of living?
3. when my 2nd child comes off child support in two years can she take me back for more maintenance b/c she lost that income? or as the judge said yesterday the spigot is shut off.
4. original maintenance was negotiated down from what it should have been prior to the divorce hearing, does this help me?


sorry for the length any comments, advise, or similar actions that had a positive outcome are appreciated.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Yes_Dad
Carpal \'Tunnel
**

Reged: 08/23/08
Posts: 7406
Re: Maintenance in Wisconsin [Re: hwe0919]
      #652499 - 04/16/10 05:41 AM

[quote]I just went to court and had one of my children dropped from child support because she turned 18. for the hearing i did not hire an attorney b/c i was told it is a straight forward deal. during the hearing my ex wife's attorney said that i should be paying more in maintenance b/c i made more money than what was agreed to in the original divorce document. The court stopped him and decided only on the child support. My had worked part time for years but recently has been employed full time in a management position. after i filed the papers she quit a part-time job that she had for the past three years. this reduced her income to just above what she made at the time of divorce. i on the other hand have gone back to school, training and received a promotion b/c of it. i am now worried that i will be taken back to court by my ex to up my maintenance payment. I consider that she lives a better life style than when we were married based on the things that she has and buys that we never would have bought had will still been married. she still has the cottage even though she rents a duplex.

my question as it relates to Wisconsin
1. is there a need to equalize incomes post divorce?
2. what determines the same standard of living?
3. when my 2nd child comes off child support in two years can she take me back for more maintenance b/c she lost that income? or as the judge said yesterday the spigot is shut off.
4. original maintenance was negotiated down from what it should have been prior to the divorce hearing, does this help me?


If your CO was done by agreement rather than trial, their isn't much she could do about it. She agreed to a specific amount. CS is obviously a different story.

The whole standard of living is nonsense. You were already giving her the amount that would allow her to maintain the standard of living she had DURING the marriage. Just because you now make more, dosen't mean she can profit off of it. BTW, CS is by law supposed to belong only to the children. She's not supposed to be using it to enhance it (although most do)

sorry for the length any comments, advise, or similar actions that had a positive outcome are appreciated. [/quote]


Post Extras: Print Post   Remind Me!   Notify Moderator  
Debi
Carpal \'Tunnel
**

Reged: 06/03/05
Posts: 7155
Re: Maintenance in Wisconsin [Re: hwe0919]
      #652736 - 04/16/10 10:31 PM

I don't think WI will revist spousal support post divorce. I know they won't let someone go back and ask for it after the final decree has been issued. I'm not even sure what grounds she would list to try to warrant it. No one's life style stays the same after divorce and for one person to expect that it should without working for it is just lazy and selfish.

--------------------
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Yes_Dad
Carpal \'Tunnel
**

Reged: 08/23/08
Posts: 7406
Re: Maintenance in Wisconsin [Re: Debi]
      #652749 - 04/17/10 07:33 AM

[quote]I don't think WI will revist spousal support post divorce. I know they won't let someone go back and ask for it after the final decree has been issued. I'm not even sure what grounds she would list to try to warrant it. No one's life style stays the same after divorce and for one person to expect that it should without working for it is just lazy and selfish. [/quote]

I agree. SS (if granted) won't be revisited as it was already determined what was needed by the ex. My income increase by at least $100K in the time between the granting of SS and the end of it. While CS obviously increased, the SS wasn't even looked at.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Debi
Carpal \'Tunnel
**

Reged: 06/03/05
Posts: 7155
Re: Maintenance in Wisconsin [Re: hwe0919]
      #652898 - 04/17/10 09:09 PM

3. when my 2nd child comes off child support in two years can she take me back for more maintenance b/c she lost that income? or as the judge said yesterday the spigot is shut off.

I missed that the first time around. You already have a judge saying it's not happening. Lawyers are known for spouting off BS in court to try to intimidate (especially when they know they have nothing valuable to add) I wouldn't pay it much attention. If he were your lawyer he'd be snarky to her. She isn't getting more of anything.

If she does take you to court for it (that she can do, winning is almost nil) be sure to ask for attorney fees for a frivoulous court trip.

--------------------
When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


Post Extras: Print Post   Remind Me!   Notify Moderator  
Pages: 1



Extra information
0 registered and 3 anonymous users are browsing this forum.

Moderator:  dsAdmin 

Print Topic

Forum Permissions
      You cannot start new topics
      You cannot reply to topics
      HTML is disabled
      UBBCode is disabled

Rating:
Topic views: 2047

Rate this topic

Jump to

Contact Us Divorce Source Home

*
UBB.threads™ 6.5.1.1


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: