Abuse of Discretion – Maintenance Termination

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WI Court of Appeals – District IV

Case Name: James T. Murphy v. Nancy C. Holland

Case No.: 2020AP1802

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: Abuse of Discretion – Maintenance Termination

When James Murphy and Nancy Holland divorced in 2010, Holland was awarded indefinite spousal maintenance as a percentage of Murphy’s income. Holland appeals a subsequent judgment of the circuit court, entered in 2020, that granted Murphy’s motion to terminate maintenance. She argues that the court erred when it determined that there had been a substantial change in the parties’ financial circumstances and, further, that the court’s decision to terminate maintenance constituted an erroneous exercise of discretion. We conclude that the court did not erroneously terminate maintenance.

Murphy cross-appeals the provision of the circuit court’s 2020 judgment and a subsequent order requiring him to pay a portion of Holland’s attorney fees. We reject the majority of Murphy’s arguments. However, as explained below, we conclude that the court did not make one finding necessary to support a fee award under WIS. STAT. § 767.241(1)(a) (2019-20).

Accordingly, we reverse the portions of the 2020 judgment and the subsequent order pertaining to the attorney fee award, affirm all other aspects of the judgment and order, and remand to the circuit court for further consideration of the attorney fee issue and to make any findings necessary to support its decision.

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Derek A Hawkins is Corporate Counsel, at Salesforce.