Taake v. Taake
Cohabitation can be change in circumstances to change maintenance.
Cohabitation can be change in circumstances to change maintenance.
Limited maintenance award can be modified if motion is brought before termination date.
Trial court improperly treated as income a pension plan which had been awarded to husband in the property division as income to determine modification of maintenance.
Maintenance can be extended if a petition is filed before the termination date, even if the parties stipulated to the term.
Maintenance does not automatically stop upon cohabitation – financial circumstances rather than living arrangements dictate appropriate level of maintenance.
Petition to extend maintenance must be brought before termination date.
Nunc pro tunc orders are only to correct mechanical defects. A court cannot retroactively grant or increase support.
Multiple issues. See full summary.
(1) Increase in child support does not warrant reduction in maintenance where record does not reflect that court took child support into effect in determining maintenance award. (2) Where order of maintenance was predicated on husband being able to get a loan, inability to get loan was a substantial change in circumstances.
(1) Wife estopped from seeking modification of maintenance where she stipulated in divorce judgment that maintenance would not be modifiable. (2) Stipulations prohibiting modification of maintenance are not against public policy.