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Family — property division

By: WISCONSIN LAW JOURNAL STAFF//October 17, 2013//

Family — property division

By: WISCONSIN LAW JOURNAL STAFF//October 17, 2013//

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Wisconsin Court of Appeals

Civil

Family — property division — valuation

In this divorce case, Clifford Herfel challenges three decisions of the circuit court: a valuation of real estate subject to property division contained in the judgment of divorce; an order finding Herfel in contempt of court; and conditions for purge contained in the contempt order. Regarding the court’s property valuation, Herfel argues that the court improperly ignored expert testimony on the value of farm real estate, based the valuation on “stale” evidence, and failed to explain adequately the court’s basis for denying a motion for reconsideration of the valuation. Regarding contempt, Herfel argues that the circuit court lacked evidence regarding his ability to make payments required under the judgment of divorce and payments required to purge the contempt.

Herfel fails to persuade us that the circuit court did not properly exercise its discretion in determining the value of the farm real estate as of the date of the divorce, based on all the evidence presented to the court. We also conclude that the court was not clearly erroneous in finding Herfel in contempt or in setting the purge conditions. Accordingly, we affirm. Not recommended for publication in the official reports.

2012AP1301 In re the marriage of: Herfel v. Herfel

Dist IV, Iowa County, Dyke, J., Blanchard, P.J.

Attorneys: For Appellant: Howard, Robert C., III, Janesville; For Respondent: Collins, Michael J., Madison

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