In Re Marriage of Weston v. Holt
Rules of contract construction used to interpret an ambiguous child support provision.
Rules of contract construction used to interpret an ambiguous child support provision.
Stipulation waiving or setting cap on child support violated public policy.
(1) Wife estopped from seeking modification of maintenance where she stipulated in divorce judgment that maintenance would not be modifiable. (2) Stipulations prohibiting modification of maintenance are not against public policy.
Provisions of judgment that waive maintenance control over provision that requires husband to pay mortgage as “support,” and, thus, no modification of judgment to award maintenance to wife.
Stipulation was not ambiguous, specifically payments were maintenance and thus stop on remarriage.
General recitation of contract law, specifically what constitutes a meeting of the minds and oral contracts.
Mutual release in divorce agreement surrenders or waives husband’s option to purchase marital interest in company stock.
Stipulation resolving custody/placement issues which provided that it would be included in F & Js was intended to reflect the final resolution, unlike an interlocutory agreement which can be disavowed.
Where parties stipulation sets out that maintenance is to be determined by wife’s schedule C income, court cannot rewrite a clear and unambiguous contract.
Button only applies to agreements made before or during marriage which contemplate a continuation of the marriage relation. Agreement signed after divorce was filed was a divorce stipulation and is controlled by Ray v. Ray, 57 Wis. 2d 77 (1973), and either party could withdraw from it until it was incorporated into the judgment.