Clokey v. Clokey

OPINION

RILEY, Judge.

Richard petitions for rehearing following our opinion in Clokey v. Clokey, 956 N.E.2d 714 (Ind.Ct.App.2011). In Clokey, we held that the trial court had not abused its discretion when it awarded Penny incapacity maintenance. As pointed out by Richard in his petition, while we evaluated the elements the trial court took into account to award the capacity maintenance, we did not directly address Richard’s “ability to satisfy the maintenance obligation.” (Pet. Reh’g p. 2). We therefore grant rehearing to clarify this issue.

In determining the propriety of a maintenance award,…