Spousal Maintainence

//Spousal Maintainence

OOPS, YOU JUST HAVE TO WAIT TO APPEAL

  In the divorce Judgment (MSA), Husband was to pay Wife $5,000 in monthly maintenance. For at least seven consecutive years. Before seven years expired, Wife could file a petition to extend maintenance payments. Wife also had a duty to pursue training. She needed to increase her annual income through full-time employment. For as long [...]

GOOD IDEA TO TAKE THE FIFTH IN DIVORCE COURT?

  Husband did not make maintenance and child support payments to Wife. Divorce court had ordered payments from Husband. Wife filed Petition (for Rule to Show Cause) against Husband.  Wife presented evidence of Husband’s failure to pay. Husband took the Fifth in court. He refused to say anything. He said he would not testify. Anything [...]

By | September 15th, 2017|Child Support, Post-Decree Issues, Spousal Maintainence|0 Comments

COURT SAID ILL HUSBAND STILL ABLE TO PAY MAINTENANCE

  The parties divorced.  They had three young children. Wife received a combination of child support and maintenance. This is done for tax purposes. Child support terminated when the youngest child went to college. Wife was now awarded permanent maintenance. Later, Husband filed a Motion to terminate the maintenance. The Husband had to prove a [...]

By | August 4th, 2017|Spousal Maintainence|0 Comments

GROSS INCOME MEANS INCOME FROM ALL SOURCES, ALL OF THEM

  The parties had been married 22 ½ years. They divorced.  Wife suffered from many health problems.  The Trial Court gave Wife reviewable maintenance of $1,840 per month for 96 months.  She could return to court after 96 months if she felt she needed an extension of maintenance. Husband had bought a house with his [...]

By | July 25th, 2017|Property Division, Spousal Maintainence|0 Comments

YES, THE COURT CAN GET IT WRONG

  Wife was awarded maintenance at the time of the divorce. The trial court directed the wife to remain fully employed. She was to seek out promotions and better job opportunities. It was set for review at a future date. Husband filed a motion to terminate or reduce maintenance for the first review date.  Wife [...]

BE READY, WIFE. HUSBAND CAN RETIRE AND STOP PAYING MAINTENANCE.

Parties divorce. Wife was awarded the substantial amount of $10,000 per month maintenance. It was to stop when husband retired from his medical practice. Years later, Husband retired and stopped paying maintenance. Wife filed a motion to continue maintenance. She said that some substantial events had taken place. These events should continue the maintenance even [...]

By | May 2nd, 2017|Spousal Maintainence|0 Comments

WHY WAIT UNTIL IT IS TOO LATE TO MAKE YOUR ARGUMENT THAT THINGS ARE UNFAIR?

Court entered default judgment dissolving marriage. Husband simply did not show in court on the set date. Court entered an order that all shares of stock held by husband or his enterprises were marital property. The wife was awarded half of shares of stock. The evidence showed that husband was worth approximately $7.3 million. It [...]