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Family – maintenance — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//October 26, 2011//

Family – maintenance — attorney fees

By: WISCONSIN LAW JOURNAL STAFF//October 26, 2011//

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Wisconsin Court of Appeals

Civil

Family – maintenance — attorney fees

The Estate of Dennis A. Sobczak, by its personal representative, Terre M. Borkovec, appeals from a circuit court order recognizing Cynthia Wagner’s right to make a claim against Dennis’ estate for maintenance due to her under a divorce judgment. The Estate additionally appeals from a subsequent order granting Wagner’s request for a contribution to her attorney fees and ordering the Estate to contribute $3500. We conclude that, under the unambiguous terms of Dennis and Cynthia’s maintenance agreement which was incorporated in the divorce judgment, the amount and duration of maintenance payments from Dennis to Cynthia are not modifiable under any circumstance. We therefore affirm the circuit court’s order ruling that Cynthia may make a claim against the Estate. However, we further conclude that the circuit court erred in its finding that the Estate engaged in overtrial warranting a contribution to Cynthia’s attorney fees. We reverse the order for attorney fees, but remand for a determination as to whether a fees contribution is warranted based on ability to pay under Wis. Stat. § 767.241 (2009-10). Not recommended for publication in the official reports.

2010AP2863, 2011AP420 In re the marriage of: Wagner v. Sobszak

Dist II, Waukesha County, Dreyfus, J., Neubauer, P.J.

Attorneys: For Appellant: Hickey, Margaret W., Milwaukee; For Respondent: Armstrong, Owen Thomas, Jr., Milwaukee; Brooks, Christy A., Milwaukee; Lovern, Susan E., Milwaukee

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