Maintenance Award Decisions - Courts Are Subjective
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. ...
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