a.         When awarded.

If no valid antenuptial contract or settlement stipulation to the contrary exists between the spouses, maintenance may be awarded in cases the Tribal Court deems appropriate.  The Tribal Court shall consider the length of the marriage; contributions, financial and non-financial, of both spouses; the standard of living to which each spouse has become accustomed; the financial needs of both spouses; and any other factor the Court finds appropriate.  The Tribal Court shall not consider misconduct of either spouse when making its determination.

b.         Modification of Maintenance Award.

(1)            After an order for maintenance, the Tribal Court may from time to time, upon motion  of either of the parties or upon motion of the public authority responsible for support enforcement, modify the order respecting the appropriation and payment of the principal and income of property held in trust, and may make an order respecting these matters which it might have made in the original proceeding, except as herein otherwise provided.

(2)            The terms of a decree respecting maintenance may be modified upon a showing of one or more of the following:

(i)            substantially increased or decreased earnings of a party;

(ii)            substantially increased or decreased need of  a party;

(iii)            receipt of public assistance;

(iv)            a change in the cost of living for either party measured by the federal bureau of statistics,

any of which makes the terms unreasonable and unfair.  On a motion for modification of maintenance,the Tribal Court shall apply, in addition to all other relevant factors, the factors for an award of maintenance under Section (6)(a) of this Chapter that exist at the time of the motion.  A modification of maintenance may be made retroactive only with respect to any period during which the moving party has pending a motion for modification but only from the date of service of notice of the motion on the responding party.