Wife appeals a third time. Whether to modify maintenance is discretionary with the district court. Generally, maintenance modification requires the moving party to show a substantial change in circumstances rendering the existing award unreasonable and unfair. Maintenance-related findings of fact are not set aside unless clearly erroneous. The parties cite unpublished opinions to support various arguments.
Unpublished opinions are of limited value in deciding an appeal.
An increase in a maintenance obligor's income is not independently sufficient to support an increase in maintenance. Wife challenges the finding that she refused to rehabilitate. Wife claims her unrefuted testimony shows that she is disabled and that her medical condition reduced her ability to work. We defer to the district court's implicit determination that wife's assertions were not credible. A maintenance recipient must make a good-faith effort to rehabilitate.