Archives: Spousal Support

Are maintenance guidelines good ideas? In my opinion, they are OK if they allow for judicial discretion if they are guidelines instead of standards.

The problem is that real life situations differ so greatly from one case to another that any maintenance law needs to give the courts the power to override presumptions in certain circumstances.

Perhaps the greatest gray area in family law in Wisconsin deals with retirement. First, there is no definitive answer to the question, “When can I retire?” Second, there is no definitive answer to the question, “If I can retire, will spousal support be terminated or simply reduced?” A recent Wisconsin Court of Appeals decision does not do much to answer either question.

The Wisconsin Law Journal just published my column on the Brin v. Brin case.

There seems to be a general acceptance of retirement at least at age 65. But, that does not necessarily mean that maintenance should terminate.

While Texas has a statute requiring courts to accept settlement agreements, which Wisconsin does not, I was most impressed with the language of the decision recognizing the harm caused to children by litigation. Yet Wisconsin courts have consistently refused to recognize this harm.

Occasionally, someone abuses the legal system by filing numerous motions, affidavits and other pleadings

The skill in lawyering is knowing when to be aggressive – and when not to be.

A contempt finding against the husband in a divorce case who quit his job and stopped making all court-ordered payments.

The laws on spousal support vary among the states, but Florida may be greatly restricting how much has to be paid.