Legal Question in Family Law in Wisconsin
Maintence Reduction Questions
At the time of my divorce, I agreed to maintence in addition to the child support with the understanding that my ex-wife would be a stay at home mom. Now, almost a year after the divorce, she is not working full time, has started to go back to school full time. She is a reserve in the millitary and so gets a portion of her tuition payed for that way.
I did not intend to pay for her to go back to school nor to put my children in child care just so she could go back to school. Is there any chance of reducing my maintence since she is not being a stay at home mom as agreed upon at the time of the divorce?
1 Answer from Attorneys
Re: Maintence Reduction Questions
Hello,
It is not likely that you can get it reduced. She would argue that if she completes school she can then get a job and support herself and you do not have to. That is the purpose of the support money you pay her now. She does not have an income and needs it. While you do not like the idea of her working or going to school, unless there is something in the settlement agreement that says she cannot do those things, she can. If she works, then you can get your payments reduced. This is just a guess, not a legal counsel you can rely on. Get an attorney to read your settlement agreement, get the facts and give you an opinion based on more than a short email.
Best wishes, Mark J. Mahoney
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