Maddick v. Deshon

296 S.W.3d 519 (2009)

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Nature of the Case

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Facts

H and W were married in July 1983. Their marriage was dissolved in October 2003. The judgment included a provision requiring H to pay maintenance of $500 per month. A year later, the parties entered into a stipulation to modify the judgment. The parties agreed that the child of the marriage had become emancipated. The parties also agreed that W's expenses had increased. H and W agreed that the periodic modifiable maintenance should be increased to the amount of $750.00) per month, effective September 1, 2004, for a period of 7 years as non-modifiable contractual maintenance. The contract also stipulated that the maintenance obligation herein should terminate upon w's death. Nothing was said about remarriage. W remarried on September 29, 2007. H filed a motion to again modify the dissolution decree. The court sustained H's motion to terminate maintenance after finding 'that there was no written agreement or court order extending H's obligation to pay maintenance past the date of W's remarriage.' W appealed.