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Divorce Lawyers San Jose

April 16, 2007

Termination of Maintenance

Filed under: Termination of Maintenance — admin @ 6:41 am

Failure to Seek Employment
The wife achieved the statutory goal of rehabilitative maintenance, and the trial court abused its discretion when it failed to grant the husband’s motion to terminate maintenance where: (1) the wife obtained a bachelor’s degree in fine arts with honors, paid for by the husband pursuant to the trial court’s order; (2) the wife was employable, her children were emancipated, she had received a substantial amount of the marital assets, and she had no apparent health impairments that might restrict her from working; (3) the trial court’s maintenance review decision clearly reflects that the wife was under an affirmative obligation to seek appropriate employment to become self-sufficient; and (4) the record reflected that, I the four years since she graduated from college, the wife had done little toward finding gainful employment or advancing her efforts at becoming self-sufficient. In re Contrell

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