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Session Laws, 1984
Volume 759, Page 2172   View pdf image
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2172

LAWS OF MARYLAND

Ch. 296

(1)  DUE TO AGE, ILLNESS, INFIRMITY, OR DISABILITY,
THE PARTY SEEKING ALIMONY CANNOT REASONABLY BE EXPECTED TO MAKE
SUBSTANTIAL PROGRESS TOWARD BECOMING SELF-SUPPORTING; OR

(2)  EVEN AFTER THE PARTY SEEKING ALIMONY WILL HAVE
MADE AS MUCH PROGRESS TOWARD BECOMING SELF-SUPPORTING AS CAN
REASONABLY BE EXPECTED, THE RESPECTIVE STANDARDS OF LIVING OF THE
PARTIES WILL BE UNCONSCIONABLY DISPARATE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
1(b) and (c), except the second clause of the first
sentence of that subsection.

In the introductory language of subsection (b) of this
section, "all the factors necessary for a fair and
equitable award" is substituted for the former
language "all relevant factors", for clarity.

In subsection (b)(6) of this section, the former word
"facts" and the former phrase "and the dissolution of
the marriage" are deleted to conform to § 8-205(a)(4)
of this article.

The Commission to Revise the Annotated Code calls the
attention of the General Assembly to subsection
(b)(10) of this section, which provides that the court
is to consider "any agreement between the parties" in
making a determination as to the amount of and period
for alimony. If this provision is directed to the
case where the court may modify an agreement under §
8-103 of this article, the General Assembly may wish
to say so expressly, especially in light of the
unclear grant of authority to the court under § 11-101
of this title. See the revisor's note to § 11-101 of
this title.

Defined term: "Including" § 1-101

11-107. EXTENSION OF PERIOD; MODIFICATION OF AMOUNT.

(A) EXTENSION OF PERIOD.

SUBJECT TO § 8-103 OF THIS ARTICLE, THE COURT MAY EXTEND THE
PERIOD FOR WHICH ALIMONY IS AWARDED, IF:

(1)  CIRCUMSTANCES ARISE DURING THE PERIOD THAT WOULD
LEAD TO A HARSH AND INEQUITABLE RESULT WITHOUT AN EXTENSION; AND

(2)  THE RECIPIENT PETITIONS FOR AN EXTENSION DURING
THE PERIOD.

(B) MODIFICATION OF AMOUNT.

 

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Session Laws, 1984
Volume 759, Page 2172   View pdf image
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