00-0325 In Re the Marriage of: Harvey f/k/a Osmanski v. Osmanski

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Stephen Gavin Osmanski appeals from orders entered pertinent to post-divorce proceedings. Osmanski claims the trial court erroneously exercised its discretion when it: (1) reinstated the orders entered by the trial court that presided over the divorce; (2) failed to calculate child support using the shared-time payer formula in Wis. Stat. sec. 767.25(1j) and Wis. Admin. Code sec. DWD 40.04(2); (3) held open the issue of maintenance; and (4) inaccurately recounted stipulations between the parties.

Honore Ann Harvey cross-appeals from post-divorce orders. She claims the trial court should have awarded her maintenance under Wis. Stat. sec. 767.26, and the trial court should have awarded her a contribution of $10,000 toward the payment of her attorney’s fees based on Osmanski’s “overtrial” tactics.

On the appeal, because the trial court failed to comply with the first remand of this court which required it to reevaluate family support giving proper consideration to what this court termed “the family’s needs, [Stephen’s] ability to pay, and the tax consequences,” we must reverse and remand the matter so that the trial court may engage in such analysis.

However, with respect to Osmanski’s issues regarding the shared-time payer formula, the maintenance issue, and the stipulations, we affirm.

This opinion will not be published.

Dist I, Milwaukee County, Sheedy, J., Per Curiam

Attorneys:

For Appellant: Thomas D. Kuehl, Milwaukee

For Respondent: Mary H. Payne, Milwaukee