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Court Error – Factual Determinations

By: Derek Hawkins//August 2, 2017//

Court Error – Factual Determinations

By: Derek Hawkins//August 2, 2017//

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WI Court of Appeals – District III

Case Name: Jane Marie Bodart f/k/a Jane Marie Balthazor v. Leslie James Balthazor

Case No.: 2016AP900

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Court Error – Factual Determinations

Leslie Balthazor appeals a judgment of divorce, in which the circuit court made factual determinations regarding the value of Leslie’s individual retirement account (IRA) and how much of the funds withdrawn from that account had been spent on marital obligations. We conclude the circuit court’s factual determinations in these regards were not clearly erroneous, and we affirm them.

However, we reverse the judgment insofar as it includes a mathematical error, and the circuit court failed to properly exercise its discretion on the record regarding its decision not to include a business debt of Leslie’s on the marital balance sheet. We also conclude the circuit court failed to adequately explain its decision to award Jane Bodart attorney fees for certain of Leslie’s discovery violations, and how it determined the amount of those fees. We therefore remand to the circuit court to address these matters and to modify the property division and make other orders as it deems necessary.

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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.

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