Our client had a 20+-year-old spousal maintenance obligation for more than $1,000+ per month. Under the terms of our client’s decades-old divorce agreement, which our firm did not draft or negotiate, our client’s spousal maintenance obligation was non-modifiable and indefinite in duration (i.e. a lifetime award). After our client’s former wife filed a petition to enforce spousal maintenance, alleging $300,000+ in arrearages (past due support), including principal and interest, we filed a motion to dismiss the petition on procedural and substantive grounds.
The Motion created leverage in our negotiations with the opposing party, enabling us to obtain a settlement whereby in exchange for a small lump sum (less than $5,000), the other side formally agreed to dismiss the petition, waive all claim to future enforcement of the old orders, and terminate spousal maintenance moving forward.