Schwab v. Schwab
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The Supreme Court reversed the decision of the court of appeals reversing the order of the circuit court concluding that it had the authority to order Paul Schwab to comply with a marital settlement agreement entered into in 1992 on the grounds that Wis. Stat. 893.40 barred Kathy Siech's action, holding that the statute posed no bar to Kathy's action.
In the settlement agreement, Paul promised to pay Kathy half of his pension "when and if" that benefit became available to him. Twenty-one years later, Paul received his pension, but he refused to pay Kathy her share. Kathy sought to judicially enforce their agreement by seeking a contempt order. In response, Paul asserted that Kathy's action was barred by section 893.40's twenty-year statute of repose. The circuit court concluded that it had the authority to order Paul to comply with the settlement agreement under Johnson v. Masters, 830 N.W.2d 647. The court of appeals reversed. The Supreme Court reversed, holding that section 893.40 did not bar Kathy's action because it was impossible for Kathy to enforce Paul's promise until after the statutory period of repose had run.
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