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Divorce – Maintenance Modification

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

Divorce – Maintenance Modification

By: WISCONSIN LAW JOURNAL STAFF//May 15, 2023//

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WI Court of Appeals – District III

Case Name: Elisa Ellen Barone Corbeille v. Curtis Paul Barone Corbeille

Case No.: 2021AP001164

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

Focus: Divorce – Maintenance Modification

Curtis Barone Corbeille appeals an order denying his motion to reduce or terminate maintenance he pays to his former wife, Elisa Barone Corbeille. Corbeille argues that the circuit court erred by concluding he was estopped from pursuing maintenance modification. The appeals court rules that a request for a change in a maintenance award rests within the circuit court’s discretion. Maintenance modification can be made “only upon a positive showing” of a substantial change in the parties’ financial circumstances, a burden borne by the party seeking modification. In 2019 the court approved the parties’ agreement for the payment of maintenance and arrears. The grounds for Corbeille’s July 2020 motion to modify maintenance were substantially similar to the grounds set forth in his February 2019 motion. Ultimately, Corbeille failed to make a positive showing that there was a substantial change in the parties’ financial situation between the February 2019 and July 2020 motions to justify either terminating or reducing the maintenance award.

Affirmed.

Decided 05/09/23

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