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No abuse by trial court in modifying maintenance payment terms

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The Indiana Court of Appeals held that a trial court did not abuse its discretion when it denied a man’s petition to revoke spousal maintenance.

Michael Palmby agreed in May 2008 to pay his wife, Karen Palmby, $1,500 a month for two years as part of their divorce agreement. They had been married nearly 27 years and Karen Palmby mainly stayed home with their three children during the course of their marriage. The spousal maintenance was to help Karen Palmby obtain any training to reenter the workforce.

But Michael Palmby ended up paying about $12,000 because he lost significant income due to the housing downturn in 2008 and 2009. He was a Realtor making $120,000 when they divorced; he quit real estate and started working at a call center in 2013 making $50,000. Instead of using the money for work training, Karen Palmby used it to pay medical bills after she broke her arm. She obtained employment at a department store during the pendency of the divorce and has since received a promotion.

In 2013, she sought to recover the remaining money owed; Michael Palmby sought to end the maintenance because of a substantial and continuing change in his circumstances. The trial court decided that Michael Palmby should have $200 per paycheck garnished to pay for the spousal maintenance.

The Court of Appeals found that because the settlement agreement rested on a ground on which the trial court could have ordered the maintenance in the absence of an agreement, the trial court had the authority to modify the instant agreement with respect to rehabilitative maintenance.

The judges noted that Michael Palmby didn’t request a modification based on a substantial and continuing change in circumstances in December 2009 when he entered into an agreement acknowledging he was in contempt for failure to make the payments and had 10 percent of his paycheck garnished until the amount was paid in full.

“Mindful of the ‘great restraint’ which we should exercise in reviewing settlement agreements, we cannot say that the trial court abused its discretion in denying Michael’s request to revoke the spousal maintenance and instead modified the payment terms of the accumulated rehabilitative maintenance,” Judge Patricia Riley wrote in Michael W. Palmby v. Karen M Palmby, 32A04-1310-DR-506.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

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