Modifying Maintenance in Indiana
Indiana maintenance can be modified or revoked only on changed circumstances so substantial and continuing as to make the terms unreasonable, or when the child support in the case differs by more than 20% from the guidelines and the order is at least twelve months old.
The rule
Provisions of an order with respect to maintenance may be modified or revoked. Modification may be made only upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable, or upon a showing that a party has been ordered to pay child support that differs by more than twenty percent from the amount that would be ordered under the child support guidelines and the order to be modified was issued at least twelve months before the petition was filed (Indiana Code 31-15-7-3).
Substantial and continuing
Both words matter: a one-time bonus or a short layoff is unlikely to meet the test, while a lasting change in income, health or needs can. Gather before-and-after pay records, medical records and budgets.
The 20% child support route
The second route looks at child support, not maintenance, and applies only when the order is at least twelve months old. Run the Indiana child support calculator with current incomes to see whether the guideline amount differs from the order by more than 20%.
Incapacity maintenance
Maintenance on the incapacity ground is already “subject to further order of the court” and lasts during the period of incapacity, so recovery or a change in the condition is the kind of change to bring to the court.
Rehabilitative maintenance
A rehabilitative award cannot run more than three years from the final decree, so modification can shorten or end it but cannot extend it past that limit.
Documents to gather
The decree, proof of the change in circumstances with dates, and the date a petition would be filed.
Next steps
Check the exact words of your decree and any agreement, and ask a licensed Indiana attorney how the statute applies to them. See the three grounds for the underlying findings.
Frequently asked questions
Can Indiana maintenance be modified?
Yes, on changed circumstances so substantial and continuing as to make the terms unreasonable, or on the 20% child support condition.
How long must an Indiana order be old to modify under the 20% rule?
At least twelve months before the petition was filed.
Can Indiana rehabilitative maintenance be extended?
Not beyond three years from the date of the final decree.
Does a job loss change Indiana maintenance?
It can support a petition if the change is substantial and continuing, but the order stays in force until the court changes it.
Who decides a modification in Indiana?
The court that issued the order, on a petition showing one of the two grounds in Indiana Code 31-15-7-3.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Indiana statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Indiana attorney.