Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

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

Customer Question
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: 2 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 26 minutes by:
12/11/2017
Family Lawyer: LegalGems, Lawyer replied 2 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,870
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 months ago

Hello

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 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.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Family Lawyer: LegalGems, Lawyer replied 2 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:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
Terms of service can be viewed here:
http://ww2.justanswer.com/terms-service-0#information

Ask Your Own Family Law Question
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,870
11,870 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My wife is suing me for spousal support. I live in CA, I
My wife is suing me for spousal support. I live in CA, I have access to all her phone records including calls and text messages through TMobile. It appears she is having an affair with someone. There … read more
socrateaser
socrateaser
1,031 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,548 satisfied customers
IF I am being sued for spousal support in CA and I have a
IF I am being sued for spousal support in CA and I have a pension through CalSTRS (California State Teachers Retirement System), does that mean I will need a QDRO if the case goes to court? If so, can… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I pay child support in Texas. My divorce decree states "If a
I pay child support in Texas. My divorce decree states "If a child is eighteen years of age and has not graduated from high school" that I pay child support. Also, "If a child is eighteen years of age… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,671 satisfied customers
Can my spouse qualify for spousal support even though we've
Can my spouse qualify for spousal support even though we've only been married 5 years and I make 43k a month? It will be an at fault marriage… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Im at the question for Spousal support and I'm in putting a
Im at the question for Spousal support and I'm in putting a number and it's not accepting it What am I doing wrong … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I just spoke to you regarding spousal support in Ohio. It's
I just spoke to you regarding spousal support in Ohio. It's asking for more money and I have a Me membership.… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
Spousal support in Maryland can be modified for a number of
Spousal support in Maryland can be modified for a number of factors including "substantial" increase or decrease in income. What is considered substantial?… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I filed a spousal support giving up my rights and now I
I filed a spousal support giving up my rights and now I don't want to give up my rights I wanted to do a cost of living raise. … read more
LegalGems
LegalGems
Lawyer
11,870 satisfied customers
I was denied spousal support because I was convicted of
I was denied spousal support because I was convicted of domestic violence. I broke the telephone so she couldn't call the police during an argument we were having. The courts left it open to be determ… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
2,165 satisfied customers
I need some spousal support advice for my divorce. Ca. No a
Hi Pearl, I need some spousal support advice for my divorce … read more
socrateaser
socrateaser
1,031 satisfied customers
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT.
HAVE QUESTIONS ABOUT DIVORCE/SEPARATION, SPOUSAL SUPPORT … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,764 satisfied customers
I've been divorced since 1999, but spousal support stopped
I've been divorced since 1999, but spousal support stopped in 2000. Ex-husband worked as pilot for United Airlines. How can I claim this back support? I have not remarried. … read more
LegalGems
LegalGems
Lawyer
11,870 satisfied customers
When does temporary spousal support end and spousal support
when does temporary spousal support end and spousal support begin. At my initial hearing I was ordered to pay $2000 per month of temporary spousal support. At the divorce hearing, the Judge ordered me… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can the court deviate from the ohio child support guidelines
Can the court deviate from the ohio child support guidelines in any child support award? In other words, can the court issue an award that does not fall within the child support guidelines...if so, un… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Need advice with child support spousal support separation
Need advice with child support spousal support separation divorce questions … read more
Expert James
Expert James
Doctoral Degree
11,740 satisfied customers
Can I get child support and spousal support from my spouse
Can I get child support and spousal support from my spouse once we divorce because he cheated and made a baby with this other woman and left the home? … read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers
I have a question about child support guidelines for
I have a question about child support guidelines for Missouri for children over 18. My son has been enrolled in college full time however he did not complete 1/2 his courses the first semester and the… read more
Ray
Ray
Lawyer
Doctoral Degree
31,321 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x