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My soon to be ex-wife is disabled, but hasn't had her

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My soon to be ex-wife...
My soon to be ex-wife is disabled, but hasn't had her disability come through yet so she's currently waiting on ALJ hearing to be set. But we are about to finalize our divorce, and I would like to know, if I can get by without paying her monthly Spousal Support "to maintenance herself" because her disability status is not finalized as of now. Btw, I work at us steel as an electrician
Submitted: 7 months ago.Category: Family Law
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Answered in 26 minutes by:
12/11/2017
Family Lawyer: LegalGems, Lawyer replied 7 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,690
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

The court may make an award of maintenance based on the circumstances as they existed at the final stage of the divore; then if there is a substantial change of circumstance the award may be modified to reflect that. Here are those statutes:

https://iga.in.gov/legislative/laws/2017/ic/titles/031#31-15-7-2

IC 31-15-7-2Findings concerning maintenance

Sec. 2. A court may make the following findings concerning maintenance:

(1) If the court finds a spouse to be physically or mentally incapacitated to the extent that the ability of the incapacitated spouse to support himself or herself is materially affected, the court may find that maintenance for the spouse is necessary during the period of incapacity, subject to further order of the court.

(2) If the court finds that:

(A) a spouse lacks sufficient property, including marital property apportioned to the spouse, to provide for the spouse's needs; and

(B) the spouse is the custodian of a child whose physical or mental incapacity requires the custodian to forgo employment;

the court may find that maintenance is necessary for the spouse in an amount and for a period of time that the court considers appropriate.

(3) After considering:

(A) the educational level of each spouse at the time of marriage and at the time the action is commenced;

(B) whether an interruption in the education, training, or employment of a spouse who is seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, or both;

(C) the earning capacity of each spouse, including educational background, training, employment skills, work experience, and length of presence in or absence from the job market; and

(D) the time and expense necessary to acquire sufficient education or training to enable the spouse who is seeking maintenance to find appropriate employment;

a court may find that rehabilitative maintenance for the spouse seeking maintenance is necessary in an amount and for a period of time that the court considers appropriate, but not to exceed three (3) years from the date of the final decree.

[Pre-1997 Recodification Citation: 31-1-11.5-11(e) part.]

As added by P.L.1-1997, SEC.7.

IC 31-15-7-3Modification or revocation of order for maintenance

Sec. 3. Provisions of an order with respect to maintenance ordered under section 1 of this chapter (or IC 31-1-11.5-9(c) before its repeal) may be modified or revoked. Except as provided in IC 31-16-8-2, modification may be made only:

(1) upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable; or

(2) upon a showing that:

(A) a party has been ordered to pay an amount in child support that differs by more than twenty percent (20%) from the amount that would be ordered by applying the child support guidelines; and

(B) the order requested to be modified or revoked was issued at least twelve (12) months before the petition requesting modification was filed.

[Pre-1997 Recodification Citation: 31-1-11.5-17(a) part.]

As added by P.L.1-1997, SEC.7.

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Family Lawyer: LegalGems, Lawyer replied 7 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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