Marriage of Zan v. Zan

820 N.E.2d 1284, 2005 Ind. App. LEXIS 79, 2005 WL 120384
CourtIndiana Court of Appeals
DecidedJanuary 21, 2005
Docket32A05-0403-CV-159
StatusPublished
Cited by14 cases

This text of 820 N.E.2d 1284 (Marriage of Zan v. Zan) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Zan v. Zan, 820 N.E.2d 1284, 2005 Ind. App. LEXIS 79, 2005 WL 120384 (Ind. Ct. App. 2005).

Opinions

OPINION

BAKER, Judge.

Appellant-respondent Joyce Zan appeals the trial court's order granting appellee-petitioner Lawrence Zan's Verified Petition to Modify or Revoke Prior Order of Maintenance. Specifically, Joyee contends [1286]*1286that the trial court erred in modifying the parties' settlement agreement with respect to Lawrence's obligation to make rehabilitative maintenance payments. Finding no error, we affirm.

FACTS

Lawrence and Joyce were married on May 11, 1985, and Lawrence petitioned to dissolve the marriage on December 18, 2001. On April 9, 2002, the parties filed their negotiated Summary Dissolution Decree (the "Agreement"), which was approved by the trial court. The Agreement includes the following provision:

8. REHABILITATIVE NANCE MAINTE-
Father agrees to pay directly to Mother eight hundred dollars ($800.00) per month in rehabilitative maintenance for a period of three years, so long as Father remains employed in his current capacity with the FAA. If Father's employment should change, this event shall be considered a substantial change in cireumstances thereby effectuating a modification of the amount of maintenance payable to Mother.
ork ook
The parties note that Father is agreeable to paying rehabilitative maintenance due to the fact that Mother has not worked continuously throughout the marriage and needs assistance in obtaining an education to better employment opportunities. Said maintenance is not being paid due to disability.

Appellant's App. p. 49.

Pursuant to the rehabilitative maintenance provision, between April 2002 and February 10, 2004, Lawrence made twenty-three monthly payments to Joyce at the rate of $800 per month. Joyce did not attend school between April 2002 and December 2002 because she was concentrating on a drug rehabilitation program related to her addiction to pain pills. Between December 2002 and April 2008, Joyce attended the Masters Pro program, but she did not complete that educational program. In October 2003, Joyee enrolled at ITT Technical Institute, but subsequently learned that she did not meet the requirements and withdrew. As of February 10, 2004, Joyce was looking into, but had not yet enrolled in, educational and vocational training programs at Goodwill, Hendricks College Network, and Sheltering Wings.

As of February 10, 2004, Lawrence was still employed with the FAA. He testified that he is willing to continue making rehabilitative maintenance payments if Joyce actually enrolls in an educational program.

On February 10, 2004, Lawrence filed the maintenance modification petition in open court and the trial court conducted a hearing on the petition. On the same date, the trial court issued its order granting Lawrence's petition. The order provides, in pertinent part, as follows:

5. The purpose of the maintenance award was to provide Wife assis-tamee to obtain education to obtain better employment opportunities.
6. I.C. 81-16-8-1 permits modification of an order for maintenance if (1) there is a change so substantial and continuing that the original terms are unreasonable and (2) if more than twelve months have passed since the prior order.
7. Wife has made no substantial effort to enroll in and complete any formal education.
8. Wife has been employed in various jobs earning from $7.50 to $10.00 per hour.
9. Wife pays no child support and thus does not have that weekly expense.
[1287]*128710. Wife has had the benefit of $18,400.00 to be used towards her education.
11. Wife has been in substance abuse treatment to cope with a long term prescription drug problem.
12. The Dissolution Decree is silent as to the nature and extent of education needed.
13. Wife has been drug free for 18 months, but has not gained better employment than at the time of the decree.
14. Husband shall make the next $800.00 maintenance payment, that being the 24th payment.
15. Husband's obligation to make the payments of $800.00 per month shall terminate.
16. Husband's maintenance obligation shall, until and including April 7, 2005 be to reimburse Wife in an amount up to $9,600.00 for educational classes or training begun prior to April 7, 2005 and successfully completed by Wife.
17. Wife shall provide Husband with an invoice at the beginning of the class or training and with a report showing successful completion of the class or training.
18. Husband shall reimburse wife [sic] within 7 days of receiving the report.

Appellant's App. p. 9 (emphasis in original). Joyce now appeals.

DISCUSSION AND DECISION

Joyee contends that the trial court erred in modifying the Agreement. Specifically, she argues that the trial court lacked the authority to modify the Agreement because it could not have ordered Lawrence to make spousal maintenance payments without the parties' consent. Lawrence responds that because the trial court would have had the statutory authority to order him to make rehabilitative maintenance payments, it had the authority to modify the Agreement.

As we consider Joyce's argument, we note that the trial court's order is a general judgment entered with findings: "[slua sponte findings control only as to the issues they cover and a general judgment will control as to the issues upon which there are no findings. A general judgment entered with findings will be affirmed if it can be sustained on any legal theory supported by the evidence." Estate of Skalka v. Skalka, 751 N.E.2d 769, 771 (Ind.Ct.App.2001). We further note that to the extent the order relies upon interpretation of the Agreement, we will review that de novo because it is a pure question of law. Dedelow v. Pucalik, 801 N.E.2d 178, 188 (Ind.Ct.App.2003).

There are two ways in which a party to a divorcee may be obligated to make spousal maintenance payments. Ki-ther the parties may provide for maintenance in a negotiated settlement agreement or the court may order maintenance payments in certain limited cireumstances. Voigt v. Voigt, 670 N.E.2d 1271, 1275-76 (Ind.1996). A trial court may award only "three, quite limited" varieties of post-dissolution maintenance: spousal incapacity maintenance, caregiver maintenance, and rehabilitative maintenance. Id. at 1276; see also Ind.Code § 31-15-7-2. A court may order rehabilitative maintenance for no more than three years if it finds that a spouse needs support while acquiring sufficient education or training to get an appropriate job. I.C. § 81-15-7-2(8). Additionally, the parties "may themselves provide for maintenance in settlement agreements where the court could not otherwise order it." Voigt 670 N.E.2d at 1277. Indeed, "the parties to a maintenance agreement

Free access — add to your briefcase to read the full text and ask questions with AI

Related

J.W. v. C.W. (mem. dec.)
Indiana Court of Appeals, 2018
Barbara J. Pohl v. Michael G. Pohl
15 N.E.3d 1006 (Indiana Supreme Court, 2014)
Michael W. Palmby v. Karen M Palmby
10 N.E.3d 580 (Indiana Court of Appeals, 2014)
Danny E. Durham v. Heather R. Durham
Indiana Court of Appeals, 2013
Felix R. St. Pierre v. Jeannette St. Pierre
Indiana Court of Appeals, 2012
Dewbrew v. Dewbrew
849 N.E.2d 636 (Indiana Court of Appeals, 2006)
Seay v. Erwin
840 N.E.2d 385 (Indiana Court of Appeals, 2006)
In Re Marriage of Erwin
840 N.E.2d 385 (Indiana Court of Appeals, 2006)
Cox v. Cox
833 N.E.2d 1077 (Indiana Court of Appeals, 2005)
Marriage of Zan v. Zan
820 N.E.2d 1284 (Indiana Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
820 N.E.2d 1284, 2005 Ind. App. LEXIS 79, 2005 WL 120384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-zan-v-zan-indctapp-2005.