Schneider v. Schneider
| Decision Date | 29 December 1961 |
| Citation | 112 N.W.2d 584,15 Wis.2d 245 |
| Parties | Helen I. SCHNEIDER, Appellant, v. Frank SCHNEIDER, Respondent. |
| Court | Wisconsin Supreme Court |
Divorce of Helen Schneider from Frank Schneider. The circuit court found Frank guilty of cruel and inhuman treatment, including excessive drinking and dissipation of family funds. Judgment was entered February 14, 1961. Custody of the two children, aged six and nine, was awarded to Helen. Frank was ordered to pay alimony of $30 per month and support money of $120 per month.
Frank is 44 years old, employed as a maintenance man at Falk Corporation. He has been there 18 years and earns at least $80 per week according to his testimony, $100 according to Helen's. Helen is 46 and not now employed. She testified to several operations she has had and that her doctor advised her not to work. She previously worked for short periods, but has not, in all, been employed as much as half the time during the marriage. Helen had a son who was nine years old at the time of the marriage. He was supported by Frank during most of the time the parties lived together.
Aside from several small insurance policies, the cash value of which does not appear, their property and the disposition ordered by the court are as follows:
Total Awarded to Awarded to Frank Other
Helen
Furniture $500 $500
Bank account 6,651 2,051 $2,000 $2,600
Credit union 350 350
Automobile 2,500 2,500
Interest in profitsharing 5,000 5,000
trust
Total $15,001 $2,551 $9,850 $2,600
There were debts of $229.75 which Frank was ordered to pay.
The bank account, car, and credit union account, totalling $9,501, represent most of the net proceeds of the sale of the home in 1960. They had bought it for $19,200 in 1956. The cash paid had been inherited by Frank. While they owned it, payments were made to reduce the mortgage, but the house was sold for $16,000 and a loss sustained.
Frank's employer has created a profit-sharing trust and has deposited $5,000 to Frank's account. Payments will be made out of this account to Frank upon retirement or resignation or to beneficiaries at Frank's death. The court awarded the deposit in this fund to Frank, but ordered him not to use or dispose of any portion of it until the children became self-supporting and ordered that he use it as security for payment of support money.
The court divided the bank account as follows: $2,051 to Helen, $2,000 to Frank, $300 to Helen's attorney, $300 to Frank's attorney, and $2,000 to be invested and held by the clerk of the circuit court. This fund is to be used as a trust fund for insuring payment of support money by Frank. If not used, the court retains jurisdiction over it until further order.
Helen appealed from the part of the judgment dividing the estate.
Phillips, Phillips, Hoffman & Lay, Milwaukee, for appellant.
Jos. F. Studnicka, Milwaukee, for respondent.
The division of property in a divorce case is peculiarly within the discretion of the trial court. An award of one-third to the wife is a proper starting point, but this amount may be increased or decreased according to special circumstances. 1
In this case the wife is in ill health, unable to work, and will be required to devote a substantial portion of time to raising the two children. Although Frank supported Helen's older son during his minority, she was...
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