A recent case in a Kentucky appellate court sheds some light on maintenance and the ability to be self-sufficient if you are to receive support during and after a Louisville divorce. The case in the Court of Appeals shows the burden proof on a party who claims they cannot gain meaningful work is weighted toward the party requesting support.
In this case, the party requesting the support was the husband. In the original trial, he asked for maintenance, saying a disability prevented him from returning to work. The trial court found that the Social Security Administration had denied his claim and that he was relatively young and still physically able to make repairs to the family home.
Upon appeal, the husband’s position was the trial court had denied maintenance because of a domestic violence order. The appellate court denied his request, affirming the lower court’s findings. The appellate court found the man had not proven that he was unable to find work, and a new job would not threaten his pension from the previous employer.
The position of Jefferson County family law courts on maintenance and the ability to be self-sufficient after a divorce is different in every case, as the facts are unique in each situation. Generally speaking, maintenance is usually accompanied by instructions from the Judge requiring the spouse receiving support to become self-sustaining within a period of time. If a claim of disability or the lack of experience, education, or skill in obtaining work is made, it must be substantiated with evidence. The burden mainly lies upon the party making the claim regarding their capacity to find work.
Maintenance and the ability to be self-sufficient after a Louisville divorce case is often a contentious issue. These cases require divorce and family law attorneys with extensive experience and legal skills. The attorneys at Dodd & Dodd have decades of experience in Louisville family law cases.
We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
