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In re the Marriage of Scheuer v. Scheuer

Court of Appeals of Wisconsin
711 N.W.2d 698 (2006)


Facts

Cora Lee Scheuer (plaintiff) and Bradley Scheuer (defendant) were married for 25 years, until Cora filed for divorce in 2003. Bradley had secure employment at Andersen Windows for 23 years and made $20 per hour. Cora only made $12.70 per hour. The court entered a temporary-maintenance order, requiring Bradley to pay Cora $300 per month. A few months after the entry of this order, Bradley lost his job at Andersen Windows due to his own misconduct. Bradley found a new job, which only paid $11.74 per hour. Nevertheless, the trial court imputed an annual earning capacity to Bradley at $20.13 per hour, or $41,875 per year. The trial court reasoned that had Bradley not committed misconduct at Andersen Windows, he would still be employed at a rate of $20 per hour. Accordingly, the trial court ordered Bradley to pay Cora maintenance for 15 years, with the amount increasing from $400 per year for the first five years, to $500 for the next five years, and to $600 for the final five years. Bradley appealed.

Rule of Law

Issue

Holding and Reasoning (Hoover, J.)

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