00-2784 In Re the Marriage of: Kliese v. Bates

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Kenneth Kliese appeals a trial court order granting the motion of his former wife, Mariella Bates, to increase the maintenance he was ordered to pay her in the judgment of divorce entered on Feb. 13, 1997, after a trial in January 1997. He contends the trial court erred in deciding there was a substantial change of circumstances, and erroneously exercised its discretion by failing to consider Bates’ income-producing assets and potential social security income, and by including in the increased maintenance award an amount to retroactively compensate Bates. We conclude there was a substantial change in circumstance and that the court did not erroneously exercise its discretion in deciding to increase maintenance and in the amount it ordered. More specifically, we conclude the court had the authority and properly exercised its discretion in ordering Kliese to pay the increased amount effective with the date of the motion, and that the increased amount the court ordered on a current basis did not contain any amount to compensate Bates for any time period prior to the date of the motion. Affirmed. Not recommended for publication in the official reports.

00-2784 In Re the Marriage of: Kliese v. Bates

Dist IV, Dane County, Krueger, J., Vergeront, J.

Attorneys:

For Appellant: Anne Taylor Wadsack, Madison; Amy C. Heckmann, Madison

For Respondent: Richard J. Auerbach, Madison