Maintenance and/or Support Issues

Maintenance

___In General
Maintenance has been defined as follows: it is for an indefinite period of time and usually for an indefinite total sum; it is based upon the payor’s income and the needs of the recipient determined from the standpoint of the manner in which they have been accustomed to live; it is modifiable after decree when the recipient’s needs increase or decrease, or when the payor’s ability to pay increases or decreases; it usually terminate upon the death of the payor, although by agreement payments may be made a charge upon the payor’s estate after they become due; it is never a charge on an estate in advance of the due date because it is not, prior to that time, vested; payments are not based upon any consideration but are based upon the common-law duty of support. In re Marquardt