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Court properly declined to modify spousal maintenance agreement

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An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.

Barbara and Michael Pohl divorced in March 2009; two months later, Barbara Pohl signed an addendum to their custody, support and property settlement agreement agreeing to pay spousal support to Michael Pohl. Her ex-husband injured his back and received Social Security income payments for his disability. Michael Pohl would receive $4,000 a month from his ex-wife beginning in June 2013.

In October 2012, Barbara Pohl asked the trial court to modify her spousal maintenance obligation to $1,000 a month, pointing to her ex-husband’s increased SSI and that his fiancée pays the couple’s rent. Since signing the agreement, Barbara Pohl’s salary has increased nearly $60,000.

Those payments were stayed pending the outcome of this appeal, Barbara J. Pohl v. Michael G. Pohl, 32A04-1304-DR-163.

“Here, spousal maintenance was agreed to by the parties in an addendum, and, because the trial court found that Michael’s disability ‘materially affected’ his ability to support himself, a trial court would also have had the authority to award Michael spousal incapacity maintenance under Indiana Code section 31-15-7-2(1). Therefore, the trial court had the authority to modify the agreement under a standard that required her to show fraud, duress, or mistake or a substantial and continuing change in circumstances,” Judge John Baker wrote.

But she failed to show the agreement should have been modified under either option. The trial court’s determination that there was a “basis in evidence to support the maintenance” is supported by the evidence, the judges held.
 

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  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

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