In re the Marriage of Scheuer v. Scheuer
Court of Appeals of Wisconsin
711 N.W.2d 698 (2006)
During their 25-year marriage, Bradley Scheuer (defendant) earned $20 per hour at a secure, 23-year job while Cora Lee (plaintiff) earned only $12.70 per hour; after Cora filed for divorce and a temporary maintenance order issued, Bradley lost his job due to his own misconduct and found new work paying only $11.74 per hour. The trial court nonetheless imputed Bradley's earning capacity at his prior $20.13-per-hour rate ($41,875 annually), reasoning he would still be earning that but for his own misconduct, and ordered 15 years of increasing maintenance payments to Cora.
May a trial court base its maintenance award on imputed income rather than actual earnings if the supporting spouse has unreasonably and voluntarily reduced or foregone income?