Barnes, J.
Case Summary
Christine Banks appeals the trial court’s reduction of the amount of spousal maintenance she receives from her ex-husband, Timothy Banks. We affirm.
Issue
The dispositive issue we address is whether there is sufficient evidence to support the trial court’s modification of spousal maintenance.
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We now turn to the merits of this appeal. Christine originally was awarded spousal maintenance on the basis of a physical incapacity that materially affected her ability to support herself, pursuant to Indiana Code Section 31-15-7-2(1). Petitions to modify such an award are governed by Indiana Code Section 31-15-7-3(1), which provides that the award “may be modified . . . upon a showing of changed circumstances so substantial and continuing as to make the terms unreasonable.” [Footnote omitted.] A spouse seeking modification of a maintenance award bears the burden of showing by a preponderance of the evidence the existence of changed circumstances so substantial and continuing as to make the terms unreasonable. Pala v. Loubser, 943 N.E.2d 400, 405 (Ind. Ct. App. 2011), trans. denied.
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Christine vehemently argues that under Indiana law, an award of incapacity spousal maintenance cannot be modified or reduced unless there has been a showing that the incapacitated spouse’s health has improved, and there was no evidence that her health had improved since the time of the divorce. This position is incorrect. This court has held that when determining whether there has been a substantial change in circumstances justifying modification of a spousal maintenance award, a trial court should consider the factors underlying the original award; those factors include the financial resources of the party seeking to continue maintenance, the standard of living established in the marriage, and the ability of the spouse paying maintenance to meet his or her own needs. Mitchell, 875 N.E.2d at 323; Lowes v. Lowes, 650 N.E.2d 1171, 1174 (Ind. Ct. App. 1995).
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In the present case it was not abuse of discretion for the trial court to modify and reduce Timothy’s spousal maintenance obligation to Christine on the basis of changes in the parties’ respective finances, even if there had been no improvement in Christine’s medical condition. And, despite Christine’s argument to the contrary, there was evidence that since the divorce Timothy’s financial situation had considerably weakened while Christine’s had slightly improved. Such evidence demonstrated the existence of changed circumstances so substantial and continuing as to make the terms of the original maintenance award unreasonable and subject to modification.
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The evidence here most favorable to the trial court’s ruling is that Timothy’s unemployment at the time of the hearing and drastic reduction in income was a result of factors beyond his control, namely, his own chronic illness. As such, we cannot say the trial court abused its discretion in reducing that obligation to $40 per week, or approximately $173.33 per month.
Conclusion
The trial court was permitted to modify and reduce Timothy’s spousal maintenance obligation to Christine solely upon the basis of evidence related to the parties’ respective finances and Timothy’s health, and that evidence justifies the reduction of Timothy’s obligation from $500 per month to $40 per week. We affirm.
Affirmed.
BAKER, J., and RILEY, J., concur.