MARTINDALE V. MARTINDALE 2005 WL 94366 (2005) CASE BRIEF

MARTINDALE V. MARTINDALE

2005 WL 94366 (2005)

NATURE OF THE CASE: W moved to modify a marital dissolution agreement. The court extended rehabilitative alimony to W and H appealed.

FACTS: H and W were divorced in 1995 and H was awarded rehabilitative alimony for seven years. In 2003, the trial court extended the rehabilitative alimony until the youngest of the parties' four children graduated from high school. Under a Marital Dissolution Agreement W was awarded sole physical and legal custody of the children, and H was to pay W $3,154.00 per month as child support and to pay for the children's private school tuition. Under the final decree, H agreed to pay $5,000.00 per month as rehabilitative alimony. The alimony was to continue until two and one-half years after the youngest child entered the first grade. Prior to the termination of the alimony payments, W filed a Motion for Civil Contempt and to Modify Final Order. Through mediation, H and W agreed to maintain H's child support at the rate of $4,600 per month and added $500 per month to cover the costs of the children's extracurricular activities. However, the parties were unable to resolve the issue of continuing the rehabilitative alimony. The trial court found that W has not been able to rehabilitate herself as contemplated in the MDA due to the demands of being custodian and primary care parent for four young sons, whose demands on her times and energy [have] increased every year. The learning problems of two of the sons could not have been contemplated when the parties entered into the MDA. The trial court continued the $5,000 monthly rehabilitative alimony until the youngest child graduates from high school. The trial court did not grant W's request for alimony in futuro. H appealed the extension of rehabilitative alimony.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com

© 2007-2016 Abn Study Partner