Trial court abused its discretion by failing to consider ex-husband’s nontaxable social security disability payments in determining what assets were available to meet his living expenses when awarding ex-husband permanent maintenance. While trial court acknowledged ex-husband received nontaxable social security disability payments, trial court made no findings regarding how payments may have been factor in meeting his living expenses, and court did not mention payments as additional source of money available to him, which would have placed him in significantly different financial position.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com