I was married for 25 years, have been divorced now going on 4 years. In the divorce decree I was given a maintenance fee and now he has decided to try to take it away. I am 54 years old and have been working for 12 years but he still recieves about twice as much income as me even though he is retired. Can he do this and if he does try, what can I do?
2 Answers from Attorneys
An attorney would need to read the original Court Order before giving you any specific legal advice in response to your question. Your award of maintenance may have been modifiable or non-modifiable, and the Court Order would tell us. Also, as you were probably advised at the time of your divorce, a person who is awarded maintenance does have a legal duty to become self sufficient. In many cases, an ex-husband seeks a modification of the original Court Order and the ex-wife is compelled to hire an attorney to defend the ex-husband's motion in court. I have handled many such cases in the twenty-six years I have been practicing law, and each one turns on the particular facts involved. Depending upon the facts, you may be able to defeat your ex-husband's attempt to terminate maintenance. If you are located in the Eastern half of the state and you are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822.
It all depends on the divorce decree. You need to seek counsel.