Legal Question in Family Law in Wisconsin

I live in the state of Wisconsin and pay spousal maintenance to my ex-wife who also resides in Wisconsin. She has a upcoming court hearing for a 5th or 6th OWI offense. If found guilty and sentenced to serve jail/prison time, by law, am I still obligated to continue to make payments to her during any time that she may be incarcerated?

Thank You.

Asked on 9/30/13, 9:14 am

1 Answer from Attorneys

David Kowalski Kowalski Family Law, LLC

Until a new order takes the place of your current support order, your support obligation will not change. A motion must be filed with the court to decrease or terminate support payments. Even in the event of significant life and financial changes like you indicate, support does not automatically change. There are several factors that a judge will review to determinate if support should be changed, one of them being your ex-wife's need for support. I highly recommend working with an experienced family lawyer to ensure you make the proper legal and factual arguments.

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Answered on 9/30/13, 9:32 am


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