767.56 Annotation
A court's authority to order maintenance includes authority to impose obligations on the payee to ensure compliance with the payment order if those obligations are reasonably necessary to effect compliance with the payment order. Finley v. Finley, 2002 WI App 144,
256 Wis. 2d 508,
648 N.W.2d 536,
01-1705.
767.56 Annotation
Sections 767.25 (6) and 767.261 [now ss. 767.511 (6) and 767.531] regarding a fixed amount of interest on child support do not limit the trial court's authority to consider imposing interest on unpaid maintenance. A trial court has discretionary authority under s. 767.01 (1) to impose interest on maintenance arrearages. If the court decides to impose interest, it is under the trial court's discretion to determine the amount to impose. Cashin v. Cashin, 2004 WI App 92,
273 Wis. 2d 754,
681 N.W.2d 255,
03-1010.
767.56 Annotation
The general rule is that maintenance decisions are based on the parties' financial circumstances at the time the determination is made. A financial benefit flowing from one spouse's cohabitation with a 3rd party at the time of divorce is an appropriate consideration in setting maintenance. Woodard v. Woodard, 2005 WI App 65,
281 Wis. 2d 217,
696 N.W.2d 221,
03-3356.
767.56 Annotation
A factual finding that one spouse's cohabitation relationship with a 3rd party was likely to end in the near future, supported by evidence in the record, might be an appropriate basis for disregarding the financial benefit from the relationship if the expected duration was so short that the benefit to the cohabiting spouse would be insignificant. A court's speculation that because a relationship was new and non-marital and could terminate at any time and that the boyfriend had no legal obligation of support was insufficient to support a finding that the relationship was likely to end in the near future. Woodard v. Woodard, 2005 WI App 65,
281 Wis. 2d 217,
696 N.W.2d 221,
03-3356.
767.56 Annotation
The absence of a formal finding of a substantial change in circumstances is sufficient to establish an erroneous exercise of discretion. Hacker v. Hacker, 2005 WI App 211,
287 Wis. 2d 180,
704 N.W.2d 371,
05-0223.
767.56 Annotation
Alcoholism is not equated with the kind of career choice on which the opinion in Forester turns, but is a disease that can limit or destroy an individual's earning capacity. An alcoholic spouse's refusal to obtain recommended treatment may be a relevant factor in a maintenance decision, but unsuccessful treatment is not the same as refusing treatment. Even if the court determines that a history of failed treatment is a relevant factor, the court's award must still reflect a proper concern for both objectives of maintenance - fairness and maintenance. Hacker v. Hacker, 2005 WI App 211,
287 Wis. 2d 180,
704 N.W.2d 371,
05-0223.
767.56 Annotation
The federal tax consequences of divorce. Meldman, Ryan, 57 MLR 229.
767.56 Annotation
No-fault divorce: Tax consequences of support, maintenance and property settlement. Case, 1977 WBB 11.
767.56 Annotation
See also notes to s. 767.59 for decisions regarding postjudgment modifications.
767.57
767.57
Maintenance, child support, and family support payments; fees. 767.57(1)(a)(a) All orders or judgments providing for temporary or permanent maintenance, child support, or family support payments shall direct that the payments be made to the department or its designee for the use of the person for whom the payments have been awarded. A party obtaining an order for temporary maintenance, child support, or family support payments shall promptly file the order, together with all pleadings in the action, with the clerk of court.
767.57(1)(b)
(b) Upon request, after the filing of an order or judgment or the receipt of an interim disbursement order, the clerk of court shall advise the county child support agency under
s. 59.53 (5) of the terms of the order or judgment within 2 business days after the filing or receipt. The county child support agency shall, within the time required by federal law, enter the terms of the order or judgment into the statewide support data system, as required by
s. 59.53 (5) (b).
767.57(1)(c)
(c) Except as provided in
sub. (1m), the department or its designee shall disburse, and take receipts for, the money received under the judgment or order in the manner required by federal regulations, unless the department or its designee is unable to disburse the moneys because the moneys were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the department or its designee. The record shall be open to inspection by the parties to the action, their attorneys, and the circuit court commissioner.
767.57(1e)(a)(a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under
par. (c) [
sub. (1) (c)], the department or its designee shall collect an annual fee of $35. The court shall order each party ordered to make payments to pay the fee in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under
s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under
s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under
ch. 785.
767.57 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
767.57(1e)(b)1m.1m. The department or its designee may collect any unpaid fees under s.
814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under
s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under
s. 767.75 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under
ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding
s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.
767.57(1e)(b)2m.
2m. A clerk of court may collect any unpaid fees under s.
814.61 (12) (b), 1997 stats., that are owed to the clerk of court, or to his or her predecessor, and that were not shown on the department's automated payment and collection system on December 31, 1998, through income withholding under
s. 767.75 (2m). If the clerk of court determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the clerk of court may move the court for a remedial sanction under
ch. 785.
767.57(1h)
(1h) Nonpayment; enforcement. If maintenance, child support, or family support payments are not paid to the department or its designee at the time provided in the judgment or order, the county child support agency under
s. 59.53 (5) or a circuit court commissioner of the county shall take proceedings to secure the payment of the sum, including enforcement by contempt proceedings under
ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to the attorney, if any, who represented each party when the maintenance, child support, or family support payments were awarded. If any fees of officers in any of the proceedings, including the compensation of the circuit court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the department.
767.57(1m)
(1m) Overpayment. Notwithstanding
ss. 767.511 (6) and
767.531, if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and the department or its designee determines that the excess amount is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:
767.57(1m)(a)
(a) The payee or the payer requests that the overpayment be held until the month when it is due.
767.57(1m)(b)
(b) The court has ordered that overpayments of child support, family support, or maintenance that do not exceed the amount of support or maintenance due in the next month may be held for disbursement in the next month.
767.57(1m)(c)
(c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under
s. 46.261 or public assistance under
ch. 49 and there is an assignment to the state under
s. 46.261 (3) or
49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.
767.57(1m)(cm)
(cm) A kinship care relative or a long-term kinship care relative of the child who is entitled to the support money has applied for or is receiving kinship care payments or long-term kinship care payments for that child and there is an assignment to the state under
s. 48.57 (3m) (b) 2. or
(3n) (b) 2. of the child's right to the support money.
767.57(1m)(d)
(d) The department or its designee determines that the overpayment should be held until the month when it is due.
767.57(2)
(2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under
ch. 49, the party may assign the party's right to support or maintenance to the county department under
s. 46.215,
46.22, or
46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within
s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under
s. 46.261 or public assistance under
ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under
s. 46.261 (3),
48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h) 1., or
49.45 (19) to the assignee under
s. 46.261 (3),
48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h) 1., or
49.45 (19).
767.57(3)
(3) Procedure if recipient institutionalized or confined. 767.57(3)(a)(a) If maintenance or support, or both, are ordered to be paid for the benefit of any individual who is committed by court order to an institution, who is in confinement or whose legal custody is vested by court order under
ch. 48 or
938 in an agency, department, relative, or other entity, the court may order that the maintenance or support be paid to the relative, agency, institution, welfare department, or other entity having legal or actual custody of the individual, and that it be used for the person's care and maintenance, without the appointment of a guardian in this state.
767.57 Note
NOTE: Par. (a) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
767.57(3)(b)
(b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a residential care center for children and youth, juvenile correctional institution, or state mental institution, the right of the child to support during the period of the child's confinement, including any right to unpaid support accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a residential care center for children and youth, juvenile correctional institution, or state mental institution includes support for one or more other children, the support that is assigned to the state shall be the proportionate share of the child placed in the center or institution, except as otherwise ordered by the court or circuit court commissioner on the motion of a party.
767.57(4)
(4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under
s. 46.261,
48.57 (3m) or
(3n), or
49.19 includes support for a minor who is the beneficiary of aid under
s. 46.261,
48.57 (3m) or
(3n), or
49.19, any support payment made under the order or judgment is assigned to the state under
s. 46.261 (3),
48.57 (3m) (b) 2. or
(3n) (b) 2., or
49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under
s. 46.261,
48.57 (3m) or
(3n), or
49.19, except as otherwise ordered by the court on the motion of a party.
767.57(5)
(5) Trustee or receiver may be appointed. The court may appoint a receiver or trustee, as necessary, to receive any payments ordered under this chapter, to invest and pay over the income for the maintenance of the spouse or the support and education of any of the children described in
s. 767.511 (4), or to pay over the principal sum in the amount and at the times that the court directs. The court may require the receiver or trustee to post bond, with or without sureties, in the amount that the court directs.
767.57 History
History: 1971 c. 41 s.
12; Sup. Ct. Order,
67 Wis. 2d 585, 775 (1975);
1975 c. 82,
200;
1975 c. 401 s.
4;
1977 c. 105 s.
59;
1977 c. 271,
418,
447;
1979 c. 32 ss.
50,
92 (4);
1979 c. 257 s.
17; Stats. 1979 s. 767.29;
1981 c. 20 s.
2202 (20) (m);
1983 a. 27,
302;
1985 a. 29,
176;
1991 a. 39;
1993 a. 481;
1995 a. 27 ss.
7104tm,
9126 (19),
9130 (4);
1995 a. 77,
279,
289,
404;
1997 a. 27,
35,
105,
191,
252;
1999 a. 9;
2001 a. 16,
59,
61,
105;
2005 a. 25,
387;
2005 a. 443 ss.
127 to
132,
144,
225; Stats. 2005 s. 767.57; s. 13.93 (2) (c).
767.57 Annotation
A public welfare agency is entitled to collect unpaid alimony and support money that had accumulated prior to the effective date of an assignment under sub. (2) and prior to the assignor's receipt of public assistance. Schiavo v. Schiavo,
71 Wis. 2d 136,
237 N.W.2d 702 (1976).
767.57 Annotation
The defense of laches is not available in an action or proceeding brought to secure enforcement of a child support order in a divorce action. Paterson v. Paterson,
73 Wis. 2d 150,
242 N.W.2d 907 (1976).
767.58
767.58
Notice of change of employer, address, and ability to pay; other information. 767.58(1)
(1)
Support or maintenance order; notice requirements. Each order for child support, family support, or maintenance payments shall include an order that the payer and payee notify the county child support agency under
s. 59.53 (5) of any change of address within 10 business days of such change. Each order for child support, family support, or maintenance payments shall also include an order that the payer notify the county child support agency under
s. 59.53 (5) and the payee, within 10 business days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, affecting his or her ability to pay child support, family support, or maintenance. The order shall also include a statement that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order under
s. 767.59 or an annual adjustment of the child or family support amount under
s. 767.553 is sought. An order under this subsection is enforceable under
ch. 785.
767.58(2)
(2) Information for child support agency. When an order is entered under
sub. (1), each party shall provide to the county child support agency under
s. 59.53 (5) his or her social security number, residential and mailing addresses, telephone number, operator's license number and the name, address and telephone number of his or her employer. A party shall advise the county child support agency under
s. 59.53 (5) of any change in the information provided under this subsection within 10 business days after the change.
767.58 History
History: 1977 c. 105;
1979 c. 32 s.
50; Stats. 1979 s. 767.263;
1989 a. 212;
1995 a. 279;
1997 a. 27,
191;
2001 a. 16;
2005 a. 443 ss.
113,
226; Stats. 2005 s. 767.58.
767.58 Note
NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.
767.59
767.59
Revision of support and maintenance orders. 767.59(1)(1)
Definition. In this section, "support or maintenance order" means a judgment or order providing for child support under this chapter or
s. 48.355 (2) (b) 4.,
48.357 (5m) (a),
48.363 (2),
938.183 (4),
938.355 (2) (b) 4.,
938.357 (5m) (a),
938.363 (2), or
948.22 (7), for maintenance payments under
s. 767.56, for family support payments under this chapter, or for the appointment of trustees or receivers under
s. 767.57 (5).
767.59(1c)(a)(a) On the petition, motion, or order to show cause of either of the parties, the department, a county department under
s. 46.215,
46.22, or
46.23, or a county child support agency under
s. 59.53 (5) if an assignment has been made under
s. 46.261,
48.57 (3m) (b) 2. or
(3n) (b) 2.,
49.19 (4) (h), or
49.45 (19) or if either party or their minor children receive aid under
s. 48.57 (3m) or
(3n) or
ch. 49, a court may, except as provided in
par. (b), do any of the following:
767.59(1c)(a)1.
1. Revise and alter a support or maintenance order as to the amount and payment of maintenance or child support and the appropriation and payment of the principal and income of property held in trust.
767.59(1c)(a)2.
2. Make any judgment or order on any matter that the court might have made in the original action.
767.59(1c)(b)
(b) A court may not revise or modify a judgment or order that waives maintenance payments for either party or a judgment or order with respect to final division of property.
767.59(1f)
(1f) Support: substantial change in circumstances. 767.59(1f)(a)(a) Except as provided in
par. (d), a revision under this section of a judgment or order as to the amount of child or family support may be made only upon a finding of a substantial change in circumstances.
767.59(1f)(b)
(b) In an action under this section to revise a judgment or order with respect to the amount of child support, any of the following constitutes a rebuttable presumption of a substantial change in circumstances sufficient to justify a revision of the judgment or order:
767.59(1f)(b)1.
1. Commencement of receipt of aid to families with dependent children under
s. 49.19 or participation in Wisconsin works under
ss. 49.141 to
49.161 by either parent since the entry of the last child support order, including a revision of a child support order under this section.
767.59(1f)(b)2.
2. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, the expiration of 33 months after the date of the entry of the last child support order, including a revision of a child support order under this section.
767.59(1f)(b)4.
4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under
s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under
s. 46.10 (14) (d),
301.12 (14) (d) or
767.511 (1n), whichever is appropriate.
767.59(1f)(c)
(c) In an action under this section to revise a judgment or order with respect to an amount of child support, any of the following may constitute a substantial change of circumstances sufficient to justify revision of the judgment or order:
767.59(1f)(c)1.
1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under
s. 49.22 (2m) by the department or the county child support agency under
s. 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.
767.59(1f)(d)
(d) In an action under this section to revise a judgment or order with respect to child or family support, the court is not required to make a finding of a substantial change in circumstances to change to a fixed sum the manner in which the amount of child or family support is expressed in the judgment or order.
767.59(1k)
(1k) Maintenance: change in cost of living. In an action under this section to revise maintenance payments, a substantial change in the cost of living for either party or as measured by the federal bureau of labor statistics may be sufficient to support a revision of the amount of maintenance, except that a change in an obligor's cost of living is not by itself sufficient if payments are expressed as a percentage of income.
767.59(1m)
(1m) Payment revisions prospective. In an action under
sub. (1c) to revise a judgment or order with respect to child support, maintenance payments, or family support payments, the court may not revise the amount of child support, maintenance payments, or family support payments due, or an amount of arrearages in child support, maintenance payments, or family support payments that has accrued, prior to the date that notice of the action is given to the respondent, except to correct previous errors in calculations.
767.59(1r)
(1r) Credit to payer for certain payments. In an action under
sub. (1c) to revise a judgment or order with respect to child support or family support, the court may grant credit to the payer against support due prior to the date on which the petition, motion, or order to show cause is served for payments made by the payer other than payments made as provided in
s. 767.57 or
767.75, in any of the following circumstances:
767.59(1r)(b)
(b) The payer shows by documentary evidence that the payments were made directly to the payee by check or money order, and shows by a preponderance of the evidence that the payments were intended for support and not intended as a gift to or on behalf of the child, or as some other voluntary expenditure, or for the payment of some other obligation to the payee.
767.59(1r)(c)
(c) The payer proves by clear and convincing evidence, with evidence of a written agreement, that the payee expressly agreed to accept the payments in lieu of child or family support paid as provided in
s. 767.57 or
767.75, not including gifts or contributions for entertainment.
767.59(1r)(d)
(d) The payer proves by documentary evidence that, for a period during which unpaid support accrued, the child received benefits under
42 USC 402 (d) based on the payer's entitlement to federal disability insurance benefits under
42 USC 401 to
433. Any credit granted under this paragraph shall be limited to the amount of unpaid support that accrued during the period for which the benefits under
42 USC 402 (d) were paid.
767.59(1r)(e)
(e) The payer proves by a preponderance of the evidence that the child lived with the payer, with the agreement of the payee, for more than 60 days beyond a court-ordered period of physical placement. Credit may not be granted under this paragraph if, with respect to the time that the child lived with the payer beyond the court-ordered period of physical placement, the payee sought to enforce the physical placement order through civil or criminal process or if the payee shows that the child's relocation to the payer's home was not mutually agreed to by both parents.
767.59(1r)(f)
(f) The payer proves by a preponderance of the evidence that the payer and payee resumed living together with the child and that, during the period for which a credit is sought, the payer directly supported the family by paying amounts at least equal to the amount of unpaid court-ordered support that accrued during that period.
767.59(2)
(2) Percentage standard required; exceptions. 767.59(2)(a)(a) Except as provided in
par. (b) or
(c), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under
s. 49.22 (9).
767.59(2)(b)
(b) Upon request by a party, the court may modify the amount of revised child support payments determined under
par. (a) if, after considering the factors listed in
s. 767.511 (1m), the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.
767.59(2s)
(2s) Stipulation for revision of support. In an action under
sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under
s. 46.10 (14),
301.12 (14),
767.511,
767.805 (4), or
767.89, whichever is appropriate.
767.59(2w)
(2w) When revision effective. A revision of a judgment or order with respect to child support, family support, or maintenance payments has the effect of modifying the original judgment or order with respect to the payments to the extent of the revision from the date on which the order revising the payments is effective. The child support, family support, or maintenance payments modified by the order for revision shall cease to accrue under the original judgment or order from the date on which the order revising the payments is effective.
767.59(3)
(3) Remarriage; vacating maintenance order. After a final judgment requiring maintenance payments has been rendered and the payee has remarried, the court shall, on application of the payer with notice to the payee and upon proof of remarriage, vacate the order requiring the payments.
767.59(4)
(4) Review when the state is a real party in interest. In any case in which the state is a real party in interest under
s. 767.205 (2), the department shall review the support obligation periodically and, if appropriate, petition the court for revision of the judgment or order with respect to the support obligation.
767.59(5)
(5) Notice of child support information. A summons or petition, motion, or order to show cause under this section shall include notification of the availability of information under
s. 767.105 (2).
767.59 History
History: 1971 c. 220;
1977 c. 105 ss.
38,
48,
49;
1977 c. 418;
1979 c. 32 ss.
50,
92 (4); Stats. 1979 s. 767.32;
1981 c. 20 s.
2202 (20) (m);
1981 c. 314 s.
146;
1983 a. 27;
1985 a. 176;
1987 a. 27,
355,
413;
1989 a. 212;
1991 a. 39;
1993 a. 16,
481,
491;
1995 a. 27 s.
9126 (19);
1995 a. 77,
201,
225,
279,
289,
404,
417;
1997 a. 27,
35,
105,
191,
237,
273;
1999 a. 9,
103;
2001 a. 16,
61,
105;
2005 a. 443 ss.
147 to
159,
227,
228; Stats. 2005 s. 767.59.
767.59 Cross-reference
Cross-reference: See also Wisconsin Administrative Code Citations published in the Wisconsin Administrative Code for a list of citations to cases citing ch. HSS 80, HFS 80, and DWD 40, Wis. Adm. Code, the child support percentage of income standard.
767.59 Note
NOTE: 2005 Wis. Act 443, which affected this section, contains explanatory notes.
767.59 Note
NOTE: The standard for modifying child support orders was significantly changed by
1993 Wis. Act 16.
767.59 Annotation
That a child needs more support at age 6 than age 2 is sufficient to justify an increase in payments if the father is able to make them. Klipstein v. Klipstein,
47 Wis. 2d 314,
177 N.W.2d 57 (1970).
767.59 Annotation
Although one parent took the children out of the state without court approval or letting the other know where the children could be visited, the court could not suspend payment of a support allowance without a hearing as to the effect on the children. Krause v. Krause,
58 Wis. 2d 499,
206 N.W.2d 589 (1973).
767.59 Annotation
Even assuming the parties' agreement as to child support gave rise to contractual obligations, these obligations remained subject to modification by the court under this section. Vaccaro v. Vaccaro,
67 Wis. 2d 477,
227 N.W.2d 62 (1975).
767.59 Annotation
While a divorced party owes no duty of sexual fidelity to the former spouse, cohabitation by the party can be a change of circumstances affecting the former spouse's responsibility to provide alimony, with the manner and extent of the cohabitation and surrounding circumstances to be considered in determining whether alimony payments should be modified. Taake v. Taake,
70 Wis. 2d 115,
233 N.W.2d 449 (1975).
767.59 Annotation
A child support provision reducing payments proportionately as each of several minor children attains majority is not against public policy. Severson v. Severson,
71 Wis. 2d 382,
238 N.W.2d 116 (1976).
767.59 Annotation
The trial court abused its discretion in denying the former husband's motion to terminate alimony by failing to consider the former wife's increased estate as the result of an inheritance. Lemm v. Lemm,
72 Wis. 2d 457,
241 N.W.2d 593 (1976).
