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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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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