Evidentiary Hearing

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WI Court of Appeals – District I

Case Name: Robin Lanette North v. Spencer Todd Farris

Case No.: 2015AP1466

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

Focus: Evidentiary Hearing

This matter returns to this court for review after being remanded for an evidentiary hearing and additional fact finding. Spencer Todd Farris had appealed a circuit court order that he pay his former wife, Robin Lanette North, $24,681.03 for expenses relating to the college education of their daughter, Natalie, pursuant to a marital settlement agreement (MSA) entered into by Farris and North at the time of their divorce. In an order by this court filed June 27, 2016 (2016 Order), we found that the specific provision of the MSA relating to college expenses was ambiguous, and that the record was “insufficient to permit this court to resolve the parties’ dispute.” We therefore remanded the matter “to permit the circuit court to take testimony, receive evidence, and make findings about the parties’ intent” with regard to the obligations for college expenses incurred by Farris under the MSA. We retained jurisdiction of the appeal. On remand, the circuit court conducted an evidentiary hearing and made extensive and thorough findings of fact and conclusions of law, and calculated the amount it believes that Farris still owes North for Natalie’s college expenses. Upon review, we affirm those findings and conclusions, but adjust the calculations made by the remand court.

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