02-1961 In Re: the Marriage of Karen M. Polakowski v. John Polakowski

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“Wis. Stat. ‘ 767.10(1) states that in an action for divorce, parties making a stipulation for maintenance do so subject to the court’s approval. We conclude that the specific language of ‘ 767.10(1) controls stipulations in divorces; the more general language of Wis. Stat. ‘ 807.05 does not.

“John tries to avoid this result by arguing that his motion and the stipulation were brought after the final divorce judgment. He argues that Wis. Stat. ch. 767 applies only to the original divorce action; therefore, the stipulation he and Karen had was of a civil nature to be controlled by general rules of civil procedure. We conclude, however, that a stipulation for maintenance payments, even subsequent to a final divorce judgment, remains an action affecting the family subject to the rules of ch. 767.”

Order affirmed.

Recommended for publication in the official reports.

Dist III, Outagamie County, Dyer, J., Hoover, P.J.

Attorneys:

For Appellant: Roger A. Glenn, Appleton

For Respondent: Jerome H. Block, Appleton; Harvey G. Samson, Appleton