Bliwas v. Bliwas
(1) Stipulation is a recommendation to the court which the court can accept, reject or modify. (2) Party who agrees in stipulation is estopped from later objecting to its provisions, absent a change in circumstances.
Wright v. Wright
Trial court cannot amend 10 year old divorce judgment to order payment of taxes on monthly payments. If there is no ambiguity on the face of a stipulation, the subjective intent of the parties is irrelevant. Judgements are construed in the same manner as other written instruments.
Conrad v. Conrad
Good cause shown for reopening judgment where wife never agreed to the oral property division stipulation which was entered into on the record by her counsel.
In Re Marriage of Norman v. Norman
A stipulation in anticipation of a judgment of divorce is merely a recommendation to the court. It did not bind the wife, and she was entitled to withdraw from it until it was incorporated into the judgment.
In Re Marriage of Rintelman v. Rintelman
Stipulation calling for maintenance “for the lifetime” of the payee does not violate the statute or public policy. Payor is estopped from requesting termination of the obligation.
In Re Marriage of Kastelic v. Kastelic
A party is bound by a stipulation if it was entered into freely and voluntarily.
O’Brien v. Freiley
Court abused its discretion where it relieved husband from stipulation. Husband had obtained custody in exchange for agreeing to maintain support. Thus, he is in a poor position to object to enforcement.
In Re Marriage of Bertram v. Kilian
Stipulation recorded during a deposition is not enforceable under §807.05 as it was not subscribed to in writing by the wife or by her attorney.
In Re Marriage of Spencer v. Spencer
Stipulation regarding whether payments are maintenance or property division in lieu of maintenance is ambiguous. Remanded to court for evidentiary hearing to determine intent of parties.
In Re Marriage of Herrell v. Herrell
Circuit court erroneously applied “best interest” standard instead of “necessary” because of stipulation of the parties. The statutory protection to children of the necessary standard would be defeated if parties were allowed to determine a lesser showing to modify a custody award.