COURT OF APPEALS DECISION DATED AND RELEASED JULY 9, 1996 |
NOTICE |
A party may file with the
Supreme Court a petition to review an adverse decision by the Court of
Appeals. See § 808.10 and
Rule 809.62, Stats. |
This opinion is subject to
further editing. If published, the
official version will appear in the bound volume of the Official Reports. |
No. 95-2774
STATE
OF WISCONSIN IN COURT OF
APPEALS
DISTRICT III
In re the Marriage of:
AMY LYNN SCHANNO,
Petitioner-Appellant,
v.
TIMOTHY PAUL SCHANNO,
Respondent-Respondent.
APPEAL from a judgment
of the circuit court for Polk County:
JAMES R. ERICKSON, Judge. Affirmed.
Before Cane, P.J.,
LaRocque and Myse, JJ.
PER
CURIAM. Amy Schanno appeals the portion of her divorce
judgment that denied her a $200 monthly short-term maintenance award from her
former husband, Timothy Schanno. The
trial court made a discretionary decision, Wikel v. Wikel, 168
Wis.2d 278, 282, 483 N.W.2d 292, 293 (Ct. App. 1992), and needed to consider
such factors as the marriage's length, the parties' health, their earning
capacities, and their respective need for maintenance and ability to pay. Brabec v. Brabec, 181 Wis.2d
270, 276, 510 N.W.2d 762, 764 (Ct. App. 1993).
On appeal, Amy argues that the trial court improperly deprecated the
marriage's length and exaggerated the relevance of other factors. We reject these arguments and affirm the
judgment.
The trial court had a
reasonable basis to deny Amy short-term maintenance. We uphold discretionary decisions that have a reasonable basis in
record. Littmann v. Littmann,
57 Wis.2d 238, 250, 203 N.W.2d 901, 907 (1973). First, the marriage lasted only eight and one-half years. Other things being equal, this comparatively
short term weighed against a maintenance award. After taking into account the other factors, the trial court
could reasonably rule that they failed to counterbalance the marriage's
relatively short duration. As the trial
court noted, Amy was thirty years old.
She enjoyed good health, a good education, and good prospects in her
current employment. Although she earned
a good deal less than Timothy, she received child support from Timothy and had
the potential to increase her earning capacity.
On the other hand,
Timothy had attained his income level by working fifty or more hours per week,
in spite of the fact that his formal education was inferior to Amy's. He also suffered financial consequences from
the divorce similar to Amy's. As the
trial court noted, the divorce had the effect of lowering both Timothy's and
Amy's standards of living. Moreover,
Timothy was already paying 20% of his income in child support to a former wife. By virtue of his divorce from Amy, he would
now be paying 30% of his income in child support. Last, Timothy suffered from severe divorce related emotional
problems. The trial court found that an
additional financial burden could be detrimental to his health. Under the circumstances, Amy's financial
capacity, Timothy's other marital payments, and the marriage's relatively short
duration gave the trial court a reasonable basis to deny Amy short-term
maintenance.
By the Court.—Judgment
affirmed.
This opinion will not be
published. See Rule 809.23(1)(b)5, Stats.