In Re Marriage of Kastelic v. Kastelic
No abuse of discretion in failure to order contribution where there was a large cash settlement, an equal property division, and enough support to stay in the home and attend college.
No abuse of discretion in failure to order contribution where there was a large cash settlement, an equal property division, and enough support to stay in the home and attend college.
Notice of appeal strips trial court of jurisdiction to order contribution to attorney fees.
Attorney fees can be assessed for victim of an “overtrial” without regard to need/ability test.
Cite 227 Wis.2d 531, 597 N.W.2d 744 (WI Ct. App. 1999) Summary Although the claim was not frivolous when it was brought, a party’s responsibility for the factual basis of a claim is on-going. Once a party knows or should have known that a claim is not supported by fact or law, it must dismiss…
Statement that wife’s award under property division is sufficient to pay attorney fees is tantamount to determination that she did not have a need for a contribution.
Trial court can not grant attorney fees nunc pro tunc after appeal.
Court properly exercised its discretion by noting H’s cash flow and itemized statement of wife’s attorney.
Contribution award based upon depletion of estate was really designed to make estate whole, so it does not require usual findings associated with fee contribution.
Attorney fees on appeal were properly granted by trial court – even though wife had remarried and her new spouse has income.
Because wife waived claim to attorney fees, her fee arrangement is irrelevant.