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  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Non-Modifiable Divorce Settlement

    My wife I and I divorced after 26 years of marriage. There was no abuse or infidelity in the marriage….just two people going their own way. She was on full disability for continuous pain from a neck injury she received before we divorced. She received long term disability from her previous employer and full Social Security benefits at the time of divorce and that continues now. She currently gets ˝ of my military retirement and a $1500.00 maintenance payment from me each month for life – which is “non- modifiable” by our divorce agreement. I was advised by my lawyer because of my income to settle on that figure because she was disabled, could not hold a job, had no way of supporting herself and the court may have sympathy for her and award her more. I’m finding out now from my daughter that her injury is better, she routinely goes shopping, has been on several cruises with friends, has a sports car and even goes motorcycle riding ….what recourse do I have within the court to reduce or eliminate the $1500 maintenance because I believe she could now work but doesn’t want to. She has a Master’s degree in Business...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Modifiable Divorce Settlement

    Non-modifiable usually means just that. As you chose to ignore the instruction to identify your state, nobody here can look up the laws of your state. I suggest you consult a local lawyer about your options.

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Non-Modifiable Divorce Settlement

    Quote Quoting Mr. Knowitall
    View Post
    Non-modifiable usually means just that. As you chose to ignore the instruction to identify your state, nobody here can look up the laws of your state. I suggest you consult a local lawyer about your options.
    Sorry Mr Knowitall, my state is Illinois. My point is - I had to pay maintenance because at the time of our divorce, she was not well enough to hold a job to support herself. Now it appears that she can work, but is electing not to.

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