Christine Banks v. Timothy R. Banks
2012 Ind. App. LEXIS 623
| Ind. Ct. App. | 2012Background
- Christine Banks appeals the trial court's reduction of spousal maintenance from Timothy Banks to $40 per week following the 2011 modification hearing.
- The divorce in 2000 awarded Timothy $500 per month maintenance based on Christine's chronic kidney disease and incapacity to work.
- Timothy's finances deteriorated: he lost employment in 2010 due to Crohn's disease and disability, leading to unemployment and bankruptcy filings by 2011.
- Christine had limited earned income (about $8,504 in 2010) and no employment at the time of the divorce; her health did not improve according to the record.
- The December 8, 2011 order reduced maintenance to about $173.33 per month, and Christine timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of changed circumstances to modify maintenance. | Banks contends no health improvement and thus cannot modify incapacity maintenance. | Banks argues deteriorating finances and Timothy's disability justify modification and reduction. | Modification affirmed; evidence supports substantial, continuing change warranting reduction. |
Key Cases Cited
- Mitchell v. Mitchell, 875 N.E.2d 320 (Ind. Ct. App. 2007) (broad discretion to modify based on relevant factors; not just health)
- Lowes v. Lowes, 650 N.E.2d 1171 (Ind. Ct. App. 1995) (change in finances can support modification of incapacity maintenance)
- Carmichael v. Siegel, 754 N.E.2d 619 (Ind. Ct. App. 2001) (voluntary unemployment/underemployment to evade maintenance not allowed)
- In re Trust Created Under Last Will and Testament of Mitchell, 788 N.E.2d 433 (Ind. Ct. App. 2003) (affirming modification where supported by evidence)
- Pala v. Loubser, 943 N.E.2d 400 (Ind. Ct. App. 2011) (burden of proof for changed circumstances is preponderance of the evidence)