Under Wisconsin law, spousal support or family support is called maintenance. It may include child support, and it may be ordered on a temporary basis during the initial separation order, or it can be included in the final judgment of divorce as long term or ongoing maintenance (in the same manner as alimony was previously).
Temporary Family Maintenance (Alimony, Family Support)
Upon filing a petition for divorce, a spouse can request maintenance or the court can order maintenance without a request if the court deems that it is needed to help maintain property or the standard of life that was previously enjoyed by the family. The temporary maintenance order is separate from the child support order, but the child support order can affect the amount of maintenance ordered by the court. A temporary maintenance order can be adjusted during the pendancy of the divorce or legal separation.
Final Judgment of Divorce Including Maintenance
When the court enters the final judgment of divorce, the court can order long-term maintenance. Before ordering ongoing maintenance, the court will consider many factors such as the length of the marriage and the ability of the supported spouse to become self-supportive. The court can order maintenance for a specific period of time such as three years, until a specific event occurs such as graduation from college, or until further order of the court. A permanent maintenance order ends when the supported spouse dies or remarries.
Although the tax laws change, in most instances, maintenance payments are tax deductible for the paying party and taxed as income by the receiving party. Conversely, child support payments are neither a tax deduction to the paying party or income to the receiving party.
Changes To Maintenance Awards
Upon the motion of either party, the court can review a previous maintenance order, and then change the amount or the duration. The court will consider several factors in making its determination such as the health of the recipient or paying party, the financial stability of either party, or other changes in circumstances.
Stipulation To Maintenance
A stipulation is an agreement formed between
the divorcing or divorced spouses, which is then submitted
to the court for approval. The parties can enter into an
agreement stipulating maintenance payments, but that stipulation
will not be effected until approved by the court.
