Maintenance Award Decisions - Courts Are Subjective
David M Siegel asked:
While is true that a change in the ability of a recipient of maintenance to support herself could constitute a substantial change in circumstances, the court record indicated that the husband failed to present evidence of a change in the wife’s ability to support herself and the court found that the husband failed to meet his burden of showing a substantial change in circumstances. Without a substantial change in circumstances, the order remains in full force and effect.
In another case, however, the court found differently. In that case, the woman had become employed. The court record supported the trial court’s determination that she remained unable to adequately support herself through her employment and that no substantial change of circumstances had occurred for her financially. Thus, she continued to receive the support from her ex-spouse.
The court will often look at the income and expenses of the parties to see if a change has occurred. If the change is minor, the court will not likely amend the support order. For example, in another case, neither husband nor wife demonstrated a material or substantial change in their relative positions. Thus, the trial court did not abuse its discretion in refusing to modify the original maintenance award.
When you are considering going back to court to change a support order, keep this in mind; there is a great expense in petitioning the court. Cases are not often resolved in one appearance. Thus, make sure that you truly have a change in circumstances prior to involving the post-decree courts.
While is true that a change in the ability of a recipient of maintenance to support herself could constitute a substantial change in circumstances, the court record indicated that the husband failed to present evidence of a change in the wife’s ability to support herself and the court found that the husband failed to meet his burden of showing a substantial change in circumstances. Without a substantial change in circumstances, the order remains in full force and effect.
In another case, however, the court found differently. In that case, the woman had become employed. The court record supported the trial court’s determination that she remained unable to adequately support herself through her employment and that no substantial change of circumstances had occurred for her financially. Thus, she continued to receive the support from her ex-spouse.
The court will often look at the income and expenses of the parties to see if a change has occurred. If the change is minor, the court will not likely amend the support order. For example, in another case, neither husband nor wife demonstrated a material or substantial change in their relative positions. Thus, the trial court did not abuse its discretion in refusing to modify the original maintenance award.
When you are considering going back to court to change a support order, keep this in mind; there is a great expense in petitioning the court. Cases are not often resolved in one appearance. Thus, make sure that you truly have a change in circumstances prior to involving the post-decree courts.