Family – maintenance — modification

By: WISCONSIN LAW JOURNAL STAFF//June 17, 2014//

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Wisconsin Court of Appeals

Civil

Family – maintenance — modification

Jayne Cherkasky appeals an order modifying maintenance payments from her ex-husband, Alan Cherkasky. Jayne argues that there was no substantial change in circumstances and, alternatively, that a decrease in maintenance was not warranted. We conclude there was a substantial change in circumstances. However, we further hold the court relied on an improper factor when determining maintenance, and inadequately set forth its rationale for reducing maintenance and terminating it on a date-certain. Accordingly, we remand for a proper exercise of discretion regarding the modification of maintenance. This opinion will not be published.

2013AP1762 In re the marriage of: Cherkasky v. Cherkasky

Dist III, Outagamie County, Krueger, J., Per Curiam

Attorneys: For Appellant: Hammett, William J., Neenah; For Respondent: Loomis, Robert B., Appleton

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