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Winkler v. Winkler4/26/2005
n it awarded Zablocki a lump-sum payment of child support.
We affirm the trial court's order denying Zablocki's motion to reopen the property division. We affirm the trial court's conclusion that the backdrop benefit is income that must be considered for child support purposes. We also affirm the trial court's decision to order that this be paid as a lump sum.
DISCUSSION
I. Reopening the Property Division
Zablocki seeks to reopen and modify the property division of the Judgment. On appeal, a trial court's order denying a motion for relief under WIS. STAT.§ 806.07 will not be reversed unless there has been an erroneous exercise of discretion. State ex rel. M.L.B. v. D.G.H., 122 Wis. 2d 536, 541, 363 N.W.2d 419 (1985). An appellate court will not find an erroneous exercise of discretion if the record shows that the trial court exercised its discretion and that there is a reasonable basis for the court's determination. Howard v. Duersten, 81 Wis. 2d 301, 305, 260 N.W.2d 274 (1977). "The term 'discretion' contemplates a process of reasoning which depends on facts that are in the record or are reasonably derived by inference from the record, and yields a conclusion based on logic and founded on proper legal standards." Shuput v. Lauer, 109 Wis. 2d 164, 177-78, 325 N.W.2d 321 (1982).
Generally, a final division of property is fixed for all time and is not subject to modification. See Krieman v. Goldberg,214 Wis. 2d 163, 173, 571 N.W.2d 425 (1997). WISCONSIN STAT.§ 767.32(1)(a) (2003-04) provides for modification of judgments with respect to maintenance and child support, but also states: "a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification." (emphasis added).
Rules of civil procedure applicable to divorce cases permit reopening of final judgments only in extraordinary circumstances. WISCONSIN STAT.§ 806.07 generally permits reopening within the shorter of one year of the judgment or a "reasonable time," and requires that a party show one of numerous enumerated reasons, including mistake, inadvertence, excusable neglect, new evidence which would entitle a party to a new trial, fraud or other misconduct, or "any other reasons justifying relief from operation of the judgment." Zablocki relies on the catchall reason--"other reasons justifying relief"--in support of her motion to reopen the Judgment as to the allocation of pension benefits, so that she may seek a share of the backdrop payment. See § 806.07(1)(h).
The supreme court has had occasion to apply WIS. STAT.§ 806.07 to divorce cases in the context of property divisions, and has held that the trial court has the power to reopen property divisions, even if the judgment is based on a stipulation. See Conrad v. Conrad, 92 Wis. 2d 407, 413, 284 N.W.2d 674 (1979). When the motion is based on § 806.07(1)(h) ("other reasons justifying relief"), it must be made within a reasonable time. Conrad, 92 Wis. 2d at 414. Whether the motion to reopen was brought pursuant to § 806.07(1)(a) or (h), the test on review of the trial court's order refusing to reopen the judgment is still the same: Was such refusal an erroneous exercise of discretion? See Grodin v. Smith, 82 Wis. 2d 667, 673-74, 264 N.W.2d 239 (1978).
Zablocki relies substantially on Conrad in support of her request to reopen the Judgment because of "other reasons justifying relief." That reliance is misplaced in light of the facts in Conrad and here. In Conrad, the judgment incorporated a marital settlement
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