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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. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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