Public-domain · open source
OpenJurist

40 Wis. 2d 632

164 N.W.2d 226

Foregger v. Foregger

Wisconsin Supreme Court

Decided November 26, 1968

Wisconsin Supreme Court · decided 1968-11-26

Good law ✅— No negative treatment on recordhow we know

Decided 1968-11-26

How this case has been cited

Cited by 59 later decisions — most recently March 2014 · most notably Grotsky v. Grotsky (1971), Bosem v. Bosem (1973)

57 state decisions

210196819701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1The following memorandum was filed February 4, 1969.

Per Curiam

¶2(on motion for rehearing). On rehearing respondent-wife argues that if the court considered equitable offsets for the appellant-husband in the contempt proceedings, it was also proper for the trial court in those proceedings to consider equitable debits in the form of increased support provisions.

¶3The matter of contempt goes to the narrow question of appellant’s compliance with the provisions of the divorce judgment. The trial court properly ruled that in deter*649mining this question it could consider whether the judgment was duplicitous and, if it was, that appellant would be credited with equitable offsets for such amounts.

¶4The question of whether there had been a change of circumstances from the wife’s standpoint which would justify a support increase does not relate to the question of whether the appellant complied with the support provisions of the divorce judgment and, therefore, is beyond the scope of the contempt proceeding. Such a matter must be raised in a petition to the trial court as provided in sec. 247.25, Stats. This the respondent did not do. Even if she had, the trial court would have been without jurisdiction under sec. 247.25, to order a retroactive increase in the support provision of the judgment.

¶5The motion for rehearing is denied without costs.

/40/wis2d/632 · .json · Public domain