In Re the Marriage of Harold R. Schroeder, Petitioner/appellant v. Bernadine Marie Schroeder, Respondent/appellee

Summary

The court held that when a spousal-maintenance decree is silent about modifiability, the trial court may shorten or extend the period of periodic payments upon a substantial and continuing change in circumstances affecting the original purpose of the award. The court found sufficient evidence that the recipient's illness and inability to obtain meaningful employment justified extending the award and held that the modification was prospective because it applied only to installments accruing after notice of the motion. The order extending maintenance was affirmed, and the court awarded the recipient reasonable attorneys' fees on appeal.