In Re Marriage of Kastelic v. Kastelic
A party is bound by a stipulation if it was entered into freely and voluntarily.
A party is bound by a stipulation if it was entered into freely and voluntarily.
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.
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.
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.
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.
Court had no jurisdiction to modify periodic payments where maintenance was waived.
Stipulation maintaining child support notwithstanding a subsequent reduction in income is enforceable and is not contrary to public policy.
Stipulation waiving maintenance for Section 71 payments cannot be modified.
Estoppel does not apply to agreement regarding health care expenses for minor children as court can order health care expense responsibility without agreement of parties.
Attempt to prevent review of maintenance by the court violates public policy. Unless maintenance is waived, court cannot be deprived of jurisdiction to modify.