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Question
A divorce decree awarded Spouse A the marital residence and ordered Spouse A to pay Spouse B $200,000 over five years as an equalizing property payment. The decree also ordered Spouse A to pay Spouse B $3,000 per month in spousal maintenance until further order of the court. The decree did not say maintenance was nonmodifiable. Spouse A paid the property installments for two years and then stopped making both property and maintenance payments.
One year later, Spouse A lost a high-paying job after the employer closed its plant. Spouse A promptly found new work earning half the previous salary. Spouse A asks the divorce court to reduce future maintenance, cancel $18,000 in unpaid maintenance arrears, and reduce the remaining property equalization payment. Spouse B seeks enforcement and contempt remedies.
Discuss which obligations may be modified, which accrued amounts remain enforceable, and what remedies may be available.