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Maintenance is family
support or alimony. Maintenance
can be ordered by the court or stipulated to by the parties.
It may be ordered for a short period of time, such as during
the pendancy of a final divorce hearing, or for a long period
of time including permanently until the death of one of the
spouses. For information about the tax advantages of child
support and maintenance, please see Alimony
Maintenace under Wisconsin
Law.
Any change to a current maintenance order must
be ordered by the court. The parties may stipulate to a new
mainteance amount, including ending maintenance, but until
such time that the court approves the order, no change is
made in the status of the current order. If the parties stipulate
to a retroactive change to maintenance, that change will also
not take effect until the court approves the stipulation and
so orders the change.
Either party may also petition the court for
a modification in maintenance. If the parties do not agree
upon the requested modification, the matter can be set for
trial. Your attorney will work with your spouse's attorney
to form an agreement to the modification. If no agreement
is made, the matter will be tried.
Wisconsin law provides that a specific period
of time must have elapsed since the last court order before
a subsequent hearing on the matter will take place. The court
will not hear a petition for modification until that time
has passed, unless there are unusual changes in circumstances.
Those changes must be 'substantial' and usually must also
be permanent, or at least semi-permanent.
If you have a maintenance order already in
place and desire a modification to that order, please call
Attorney Kathy Reiley's office at 608-246-8309 or email
Attorney Reiley to set up a confidential meeting to discuss
your indivudal situation.
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