Divorce – Maintenance

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WI Court of Appeals – District III

Case Name: Brand MacMillan Windmiller v. Mary Fay Windmiller

Case No.: 2015AP1814

Officials: Curley, P.J., Kessler and Brash, JJ.

Focus: Divorce – Maintenance

This case concerns post-judgment litigation in a divorce case. Mary Faye Windmiller appeals from a trial court order that: (1) reduced the amount of maintenance that her ex-husband, Brand MacMillan Windmiller, is required to pay her; and (2) found her in contempt and imposed remedial sanctions against her. As to the maintenance issue, we conclude that the trial court did not adequately identify the substantial change in circumstances affecting Brand or explain why Mary’s loss of employment was not a substantial change in circumstances. The trial court also did not discuss and apply the statutory factors that must be considered before maintenance can be modified. Therefore, as to the maintenance issue only, we reverse the portions of the trial court’s order that granted Brand’s motion to reduce his maintenance payments and denied Mary’s motion to modify the maintenance she receives. We remand the case back to the trial court so that it can further consider and explain whether there has been a substantial change in circumstances with respect to either party and, if so, whether the factors in WIS. STAT. § 767.56(1c) (2013-14) justify modifying maintenance. We reject Mary’s challenge to the remedial contempt portion of the order. Finally, because we affirm in part and reverse in part, we direct that neither party is entitled to costs on appeal.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.