Are you searching for information on the process to seek post decree modifications to maintenance or spousal support in Louisville? Maintenance, often referred to as “spousal support” or “alimony” is quite common, especially in marriages which last longer than ten years. There are several different types of maintenance orders in a Louisville divorce including temporary, permanent, rehabilitative, closed-end or open-ended maintenance. What are the differences between these types of orders and is it and can an order of maintenance be modified down the road?
Temporary maintenance may have been awarded during the process of your divorce and ends when the Judge issues the final decree in your case. Rehabilitative maintenance is designed to allow the recipient spouse to gain new skills or gain self-sustaining employment. Rehabilitative maintenance is usually 5 years or less in duration.
Permanent maintenance orders are included in the final decree. Permanent may not mean “forever” unless the underlying marriage lasted longer than 10 years and many other factors (including age and health) apply to the situation at hand. A permanent maintenance order usually provides scenarios that would terminate support including remarriage. A permanent maintenance order is an “open-ended” order as it may be altered or brought to an end at some point down the road. Closed-end maintenance cannot be modified by a Court as it usually involves a specific amount of money or even a single one-time settlement.
If you are going to ask the Court to consider post decree modifications to maintenance or spousal support in Louisville there must usually be a significant change in the “Status Quo” – the financial income or standard of living of one or both of the parties as established by the final orders in the divorce itself.
For example, if the recipient of maintenance has moved in with a new partner, started a new job or achieved a raise or substantial advance in their work they may no longer require the same level of support. If the person paying maintenance has experienced a significant increase or decrease in income there may also be grounds to request a change in maintenance.
Here in Kentucky, Judges often reflect upon the time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment. The Court may instruct the recipient of maintenance to essentially become financially self-sufficient within a specific period of time. Failure to make appropriate efforts to learn new skills or achieve meaningful employment may result in future modifications to existing maintenance.
This is why it is important to work with an experienced Louisville divorce attorney at Dodd & Dodd. We represent clients who seek post decree modifications to maintenance or spousal support in Louisville as well as other family law matters.
If you have been through a divorce in Louisville and wish to ask the court for post decree modifications to maintenance or to express concerns regarding the inability to find appropriate employment we invite you to contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our skilled attorneys.
