Unallocated Maintenance is Reviewable, Not Terminable

In the case of the Wojcik’s, the trial court needed to resolve a conflict between the parties regarding their view of what was “Unallocated Maintenance.” The husband, Michael Wojcik, and the wife, Sandra Wojcik, had been married for over 30 years. They resolved their marriage amicably, and Michael agreed to pay Sandra for 60 months. He made a monthly payment of $13,500.00 for 60 months and thought he was finished with his payments. His ex-wife disagreed. The Court found that maintenance could only terminate based on terms that the Settlement Agreement set forth. The Marital Settlement Agreement set forth certain events that might occur that would serve to terminate Michael’s obligation to pay unallocated family support. Those termination events were: the death of either petitioner or respondent, petitioner getting remarried, or petitioner cohabitating with another person on a resident, continuing, conjugal basis. Well, neither party died and Sandra did not remarry or live with anyone on a continuing, conjugal basis. So no terminating events occurred and now the maintenance was reviewable.

Supported Spouse’s Efforts to Secure Employment

Wife’s Ability to Earn Income Impaired During 30 Year Marriage

Unallocated Maintenance in the Marital Settlement Agreement

Modification of Support Obligation Provisions in the Agreement

Marital Settlement Agreement Terms Controlling

Court Finds Permanent Maintenance Award Appropriate

Maintenance Justified When Earning Capacity Cannot Cover Modest Monthly Expenses

Reasonable Efforts to Become Self-Supporting

When Everything Is On The Line, You Need An Attorney You Can Trust, That Will Advocate & Fight For Your Family! We Can Help!