ILNews

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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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