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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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