Archives: Financial Issues
Trial Court in Best Position to Exercise Discretion
Published: Monday, June 1st, 2009
The Court of Appeals decision in Heppner raises a number of serious questions, not the least of which is, whatever happened to trial court discretion?
Maintenance Must Continue, Consider Stocks
Published: Monday, May 25th, 2009
Earlier this month, the Wisconsin Court of Appeals issued one of the most … er … interesting decisions in family law in a long time.
Disclosure of Interest Key to Setting Support Level
Published: Thursday, March 5th, 2009
The Court opf Appeals opinion in Stevenson creates some slightly “Itchy and Scratchy” issues and questions.
Dad Who Didn’t Disclose Must Pay Retroactive Support
Published: Thursday, February 26th, 2009
From the first two sentences of a recent Dist. II Wisconsin Court of Appeals decision, it was evident that it was not going to be good news for Jeffery B. Stevenson.
Double Counting Remains Difficult Issue for Courts
Published: Monday, January 14th, 2008
This is the last of a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007), which was recommended for publication. As discussed in the previous articles, the appellate court affirmed most of the trial court’s rulings on property division, which […]
Decision Appears to Limit Trial Court’s Discretion
Published: Monday, January 7th, 2008
This is the second in a series of three articles discussing the recent Wisconsin Court of Appeals decision in Wright v. Wright, No. 2006AP2111 (Wis. Ct. App. Dec. 4, 2007) (recommended for publication). As discussed in the previous article, the appellate court affirmed most of the trial court’s rulings on property division, holding that the […]
Wright: A Troubling Maintenance Ruling
Published: Monday, December 31st, 2007
The following series of articles, which originally ran in Wisconsin Law Journal, discusses the court’s holding in Wright v. Wright and its possible ramifications on property division and spousal maintenance.
Court Upholds Contempt for Failure to Provide Info
Published: Monday, September 3rd, 2007
May a circuit court use its remedial contempt powers to craft a remedy, where a party fails to provide tax returns and income information in a timely manner as required under statute, a divorce judgement, and a court order, but then the party produces the information just before the contempt hearing? The Wisconsin Supreme Court says “Yes.”
Dissipation and Financial Fault
Published: Sunday, October 1st, 2006
Although marital fault is not relevant to property division in Wisconsin, financial fault is very much relevant.
Frisch Was Poor Candidate for Publication
Published: Wednesday, May 31st, 2006
Depending on how strictly it’s read, the Wisconsin Court of Appeals holding in Frisch v. Heinrichs may cause severe problems in allowing courts to order a person who disobeys a court order to make the innocent party whole.