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Reged: 03/13/07
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Re: Maintenance payment question - Wisconsin
      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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Subject Posted by Posted on
* Maintenance payment question - Wisconsin bathofsurprise 04/27/07 09:59 AM
. * * Re: Maintenance payment question - Wisconsin malevolentmoms   05/27/07 04:13 PM
. * * HOW LONG DOES MAINTENANCE LAST? - Wisconsin rpnels912   08/04/09 02:54 PM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin Yes_Dad   08/05/09 07:24 AM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin stuckinarut   08/05/09 03:28 PM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin Maury   08/05/09 10:41 PM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin stuckinarut   08/06/09 11:55 AM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin Maury   08/06/09 04:26 PM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin stuckinarut   08/06/09 05:21 PM
. * * Re: HOW LONG DOES MAINTENANCE LAST? - Wisconsin Maury   08/06/09 11:12 PM
. * * Re: Maintenance payment question - Wisconsin yregna   05/21/07 12:28 PM
. * * Re: Maintenance payment question - Wisconsin Maury   05/21/07 12:54 PM
. * * Re: Maintenance payment question - Wisconsin Relayer   05/21/07 02:00 PM
. * * Re: Maintenance payment question - Wisconsin Relayer   05/02/07 04:03 PM
. * * Re: Maintenance payment question - Wisconsin googledad   04/27/07 10:15 AM
. * * Re: Maintenance payment question - Wisconsin bathofsurprise   04/27/07 10:34 AM

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