Under what condition will an increase in the obligor's income justify a modification of maintenance?

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The rationale for modifying maintenance based on an increase in the obligor's income often hinges on the concept of financial circumstances changing due to the obligor's improved earning potential. When the obligor has previously faced financial inability—meaning they were unable to meet the obligations of maintenance due to a lack of financial resources—it is reasonable for the court to reassess the maintenance order once their financial situation improves. An increase in income can indicate a return to a capacity to meet obligations, which is a legitimate basis for modification.

The reasoning for not selecting the other options includes that simply earning significantly less than the obligee does not by itself warrant a modification; maintenance determinations are complex and not solely dependent on relative incomes. Likewise, if the obligee has moved to a wealthier area, this change does not automatically justify modification of maintenance, as the focus is typically on the obligor’s financial state rather than external factors such as the obligee's location. Finally, stating that a modification is inevitable under any circumstance negates the requirement of a substantive change in the obligor's situation; each case must be evaluated on its specific merits, considering all evidence presented.

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