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Schmitt v. Schmitt2/8/2001
rties had agreed to an equal property division. The trial court awarded Arnold maintenance of $500 per month for three years. Arnold appeals the judgment, citing the maintenance award as error. Additional facts relating to the appealed issues are included in the analysis that follows.
ANALYSIS
. The amount and duration of maintenance to be awarded is entrusted to the circuit court's discretion. King v. King, 224 Wis. 2d 235, 247, 590 N.W.2d 480 (1999); Forester v. Forester, 174 Wis. 2d 78, 85, 496 N.W.2d 771 (Ct. App. 1993). We will not reverse a discretionary determination absent an erroneous exercise of discretion. King, 224 Wis. 2d at 248; Forester, 174 Wis. 2d at 85. "` discretionary determination must be the product of a rational mental process by which the facts of record and law relied upon are stated and are considered together for the purpose of achieving a reasoned and reasonable determination.'" LaRocque v. LaRocque, 139 Wis. 2d 23, 27, 406 N.W.2d 736 (1987) (quoted source omitted). To determine the amount of maintenance, the trial court must apply the facts to the relevant statutory factors. Id. at 31; see Wis. Stat. § 767.26 (1999-2000).
. Wisconsin Stat. § 767.26 lists a number of factors for a trial court to consider when determining the amount and duration of a maintenance award:
(1) The length of the marriage.
(2) The age and physical and emotional health of the parties.
(3) The division of property made under s. 767.255.
(4) The educational level of each party at the time of marriage and at the time the action is commenced.
(5) The earning capacity of the party seeking maintenance, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment.
(6) The feasibility that the party seeking maintenance can become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage, and, if so, the length of time necessary to achieve this goal.
(7) The tax consequences to each party.
(8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.
(9) The contribution by one party to the education, training or increased earning power of the other.
(10) Such other factors as the court may in each individual case determine to be relevant.
These factors "are designed to further two distinct but related objectives in the award of maintenance: to support the recipient spouse in accordance with the needs and earning capacities of the parties (the support objective) and to ensure a fair and equitable financial arrangement between the parties in each individual case (the fairness objective)." LaRocque, 139 Wis. 2d at 32-33.
. Arnold requested that he be awarded $2,533 per month indefinitely, but the court awarded him $500 per month for three years. Arnold claims that the trial court erred in its decision regarding both the amount and duration of maintenance. We disagree.
. In its oral decision, the court specifically referred to the maintenance provisions of Wis. Stat. § 767
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