Marital Settlement Agreement – Court Error – Sanctions

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WI Court of Appeals – District II

Case Name: Jean M. Kearns v. Steven M. Kearns

Case No.: 2016AP1407

Officials: Reilly, P.J.

Focus: Marital Settlement Agreement – Court Error  – Sanctions

Jean M. Breuer appeals from a trial court order holding Steven M. Kearns in contempt for his failure to make a final cash payment as directed under the property division portion of the parties’ marital settlement agreement (MSA). Breuer challenges the propriety of the court’s sanction. Breuer brought this case to us as a one-judge notice of appeal, under WIS. STAT. § 752.31(2). Under subsec. (2), the only applicable paragraph is para. (h), applicable to “[c]ases involving contempt of court under [WIS. STAT.] ch. 785.” Sec. 752.31(2)(h). We review a court’s use of its contempt power under an erroneous exercise of discretion standard. Benn v. Benn, 230 Wis. 2d 301, 308, 602 N.W.2d 65 (Ct. App. 1999). Based on our standard of review, we conclude that the trial court did not err in its choice of sanctions.

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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.