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Tag Archives: Family Digest

2010AP1493 In the matter of the Protective Placement of Jim D.B.

Family Protective placement; sufficiency of the evidence Sheboygan County successfully petitioned for the guardianship and protective placement of Jim D.B. due to his incompetency. Jim appeals from the order requiring his protective placement on the basis that the evidence was insufficient to support the order. Because the protective placement order does not reflect the record of the hearing, the circuit ...

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2010AP1830-AC In re the marriage of: Chrisinger v. Chrisinger

Family Property division Jerry Allen Chrisinger appeals from that portion of a judgment of divorce that divided marital property. Jerry argues that the circuit court erred when it awarded his former wife, Pamela Jean Chrisinger, forty-two percent of the marital estate, and when it failed to consider future tax consequences when it valued an IRA. We conclude that the circuit ...

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2010AP2444 In the matter of the guardianship and protective placement of Donald G.

Family Protective placement Donald G. appeals an order of the circuit court continuing his protective placement at Mendota Mental Health Institute (Mendota) under Wis. Stat. ch. 55. Donald G. contends the court’s order was improper because it failed to state that his placement at Mendota would no longer be appropriate if Donald G.’s concurrent Wis. Stat. ch. 51 commitment ceased. ...

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2010AP428 In re the marriage of: Nelson v. Arlt

Family Property division; military benefits Andrew Nelson III appeals a postdivorce order, arguing the circuit court erred by treating as divisible property the military retirement benefits he waived to receive disability pay. We reverse and remand for further proceedings. This opinion will not be published. 2010AP428 In re the marriage of: Nelson v. Arlt Dist III, Douglas County, Thimm, J., ...

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2010AP607 In re the marriage of: Rindfleisch v. Rindfleisch

Family Physical placement; maintenance John Rindfleisch appeals from his judgment of divorce, arguing the circuit court erroneously exercised its discretion with regard to the issues of primary placement and maintenance. We affirm the court’s determination regarding placement. We reverse on the issue of maintenance and remand for further proceedings. This opinion will not be published. 2010AP607 In re the marriage ...

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2010AP330 In re the marriage of: Krisik-Trevino v. Trevino

Family Family support Jose E. Trevino appeals from the portions of his judgment of divorce from Lisa Krisik-Trevino addressing the child support and maintenance components of the family support award. He argues that both result from an erroneous exercise of discretion. We disagree and affirm. This opinion will not be published. 2010AP330 In re the marriage of: Krisik-Trevino v. Trevino ...

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2010AP470 Lyman v. Lyman

Family Child support A parent’s settlement from a wrong termination of employment lawsuit was properly counted as income subject to child support. “Scot also argues that because his settlement included ‘an unallocated portion for the loss of a contractual right to sell his company,’ the settlement is not income under Wis. Admin. Code § DCF 150.02(13). Scot offered no expert ...

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2010AP2195-FT In re the marriage of: Miller v. Miller

Family Property division Gerald Joseph Miller appeals a divorce judgment granting an unequal division of marital property in favor of Susan Marie Miller. Gerald contends that the circuit court erroneously exercised its discretion by failing to explain its reasoning, failing to consider the required statutory factors before deviating from an equal property division, and relying on factual findings unsupported by ...

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2010AP000461, Whiting v. Whiting

Family Pending divorce; separate small claims action; fees as sanction Lisa Whiting appeals the dismissal of her small claims action against her former husband, Jeffrey Whiting. She argues that her action, which sought rent from Jeffrey for their marital apartment, was properly brought in small claims court. She also contends that the court improperly awarded Jeffrey attorney’s fees as a ...

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2009AP392, 2009AP2017 In re the marriage of: Jendusa-Nicolai v. Larsen, et al.

Family Distribution of trust assets David M. Larsen appeals from the orders of the circuit court dated March 2 and July 20, 2009, concerning matters related to the distribution of assets from a trust being held in receivership. Larsen argues that the circuit court erred in a variety of ways, including improperly seizing the trust assets, improperly seizing and denying ...

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2010AP10 In re the marriage of: Baldocchi v. Bischoffer

Family Maintenance; modification; change in circumstances Michael Baldocchi appeals from an order denying his motion to modify limited-term maintenance. Baldocchi argues the court erred by concluding that he failed to satisfy his burden to show a substantial change in circumstances. We disagree and affirm. This opinion will not be published. 2010AP10 In re the marriage of: Baldocchi v. Bischoffer Dist ...

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2010AP1791-FT In re the marriage of: Schmit v. Schmit

Family Physical placement; modification; change in circumstances Dale Schmit appeals from an order dismissing his motion for modification of physical placement. The circuit court determined Schmit failed to establish a substantial change in circumstances. Because the undisputed facts do not support the court’s determination, we reverse. On remand, the court shall determine whether modification of placement is in the children’s ...

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2010AP259 In re the marriage of: Jashinsky v. Jashinsky

Family Property division; maintenance Mary Jashinsky appeals a judgment of divorce. She argues that the trial court erroneously exercised its discretion with regard to property division and maintenance. We disagree and affirm. This opinion will not be published. 2010AP259 In re the marriage of: Jashinsky v. Jashinsky Dist II, Waukesha County, Kieffer, J., Per Curiam Attorneys: For Appellant: Knutson, Mark ...

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2009AP3014 In re the marriage of: Gonzalez v. Trevino

Family Indefinite maintenance Jose Esteban Trevino appeals from an order by which the court terminated family support and ordered indefinite-term maintenance to his former wife, Rosa E. Gonzalez, at the same amount Trevino had been paying, $7000 a month. The court’s well-reasoned decision demonstrates a proper exercise of discretion. We affirm. This opinion will not be published. 2009AP3014 In re ...

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2009AP2943 In re the marriage of: Pinto v. Harold

Family Child support; contempt Karen Pinto appeals from an order modifying child support, denying her interest on child-related expenses owed by John Harold, and denying her attorney fees because John was not in contempt for his failure to pay. Karen lists eleven issues and challenges the circuit court’s refusal to order placement with her when the children are ill or ...

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2009AP2564 In re the marriage of: Ar-Rahmaan v. Ar-Rahmaan

Family Property division; maintenance Norella Barnes appeals a divorce judgment. The issues relate to property division and maintenance. We affirm. This opinion will not be published. 2009AP2564 In re the marriage of: Ar-Rahmaan v. Ar-Rahmaan Dist IV, Rock County, Bates, J., Per Curiam Attorneys: For Appellant: Meyers, Marta T., Madison; Davenport, Emma J., Madison; For Respondent: Hoag, Jack C., Janesville ...

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2009AP1801 In re the marriage of: Brunner v. Ciucci

Family Property division Joel Brunner appeals a divorce judgment. He argues the circuit court erroneously exercised its discretion by ordering an unequal division of the marital estate. We disagree and affirm. This opinion will not be published. 2009AP1801 In re the marriage of: Brunner v. Ciucci Dist III, Shawano County, Grover, J., Per Curiam Attorneys: For Appellant: Sloma, Katherine, Shawano; ...

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2009AP72 In re the marriage of: Pazdera v. Pazdera

Family Physical placement Roxann Pazdera appeals from an order revising physical placement, arguing the circuit court erroneously exercised its discretion in numerous respects. We affirm. This opinion will not be published. 2009AP72 In re the marriage of: Pazdera v. Pazdera Dist III, Marinette County, Duket, J., Per Curiam Attorneys: For Appellant: Schmieder, Theresa J., Green Bay; For Respondent: Walsh, Thomas ...

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2009AP1410 In re the marriage of: Wensel v. Suchla-Wensel

Family Property division Jeffrey Wensel appeals a judgment of divorce. Jeffrey’s principal argument is that the circuit court erroneously exercised its discretion by ordering an equal property division. Jeffrey contends the court gave undue weight to the fact the parties declined to enter into a prenuptial agreement. Jeffrey also argues the court erred in valuing livestock and requiring a $1,000 ...

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2009AP2376 In re the marriage of: Pascual v. Pascual

Family Maintenance Margaret M. Pascual appeals pro se from the divorce judgment ending her thirty-two-year marriage to Manuel M. Pascual. The judgment equally divided the parties’ property and debts and awarded Manuel maintenance. Margaret contends the trial court: gave undue weight to the length of the marriage; ignored that Manuel works below his capacity; improperly valued a business asset; and ...

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2009AP2569 Handland v. Handland

Family Marital property; valuation Christy L. Handland appeals from that portion of a judgment of divorce that divided the marital property and ordered her former husband, Thomas Handland, to pay her an equalization payment. Specifically, Christy argues that the circuit court did not follow its stated intent to divide certain property equally when it computed the increase in value of ...

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2009AP2622 In re the marriage of: Matousek v. Matousek

Family Physical placement; GAL appointments John Matousek appeals from a post-divorce order denying his motion to modify his children’s physical placement schedule. The sole issue on appeal is whether the circuit court was required to appoint a guardian ad litem before deciding the motion. We conclude that the court was required to appoint a guardian ad litem under Wis. Stat. ...

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