Summary
The Supreme Court of Montana affirmed the termination of Donald Crilly's maintenance obligation to Irene Crilly. The court held that substantial and continuing changes in the parties' financial circumstances rendered the original maintenance award unconscionable under Montana law.
Holdings
- A maintenance order may be modified when the parties' circumstances have changed so substantially and continuously that the existing maintenance terms are unconscionable.
- The District Court did not abuse its discretion by terminating Donald's future maintenance obligation.
Questions Presented
- Whether the parties' financial circumstances underwent a substantial and continuing change that rendered the original maintenance award unconscionable under § 40-4-208(2)(b)(i), MCA.
- Whether the District Court abused its discretion by terminating Donald's future maintenance obligation.
Disposition
affirmed
Cases Cited (7)
- In re Marriage of Crilly, 2005 MT 311, 329 Mont. 479, 124 P.3d 1151(followed)
- Bock v. Smith, 2005 MT 40, 326 Mont. 123, 107 P.3d 488(followed)
- In re Marriage of Payer, 2005 MT 89, 326 Mont. 459, 110 P.3d 460(followed)
- In re Marriage of Kotecki, 2000 MT 254, 301 Mont. 460, 10 P.3d 828(followed)
- In re Marriage of Luisi, 232 Mont. 243, 756 P.2d 456 (1988)(followed)
- In re Marriage of Johnsrud, 181 Mont. 544, 572 P.2d 902 (1977)(followed)
- In re Marriage of Brown, 283 Mont. 269, 940 P.2d 122 (1997)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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