The Court did not abuse its discretion in denying the motion of husband. He is disabled, has MS, and receives social security benefits. He seeks to modify the maintenance amount he receives from wife.
Husband did not offer any evidence showing that his MS had progressed in a way that was not anticipated in the divorce judgment. The court record shows that his social security benefits have increased over the last 5 years.
The trial court saw, in the divorce judgment, that wife’s earning potential was likely to increase. The court that into its maintenance award to husband.
An increase in the paying party’s income is generally not sufficient, on its own, to warrant modification of maintenance.
In re Marriage of Dea, 2020 IL App (1st) 190234 (September 18, 2020)
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