In Re Marriage of Rohde-Giovanni v. Baumgart

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2004 WI 27, 269 Wis. 2d 598, 676 N.W.2d 452 (2004)

Summary

(1) Test for substantial change in circumstances is the same regardless of whether maintenance was initially contested or settled (2) Both support and fairness need to be considered (Johnson I language withdrawn) (3) Education expenses for an adult child can be, but do not have to be, considered as unusual or extraordinary circumstances (4) Sufficient evidence existed for circuit court to find a substantial change in circumstances and terminate maintenance after two more years.

[ Full Opinion ]

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2003 WI App 136, 266 Wis. 2d 339, 667 N.W.2d 718 (WI Ct. App., 2002)

(1) Fairness objective only does not apply to threshold inquiry into whether there has been a substantial change in circumstances – once a maintenance award needs to be reassessed, it is nonsensical to assert that the fairness objective does not apply. (2) The trial court properly refused to included higher education expenses for an adult child as part of ex-wife’s budget. (3) Trial court properly found that wife could attain marital standard of living by cut-off date for maintenance. (4) Fairness objective does not require increased of continued maintenance because payor enjoys a higher standard of living where the payee is able to live at or above the marital standard without maintenance. (5) Trial court properly exercised discretion to convert indefinite award to a limited term one. [Review granted]

[ Full Opinion ]