What is the difference between a temporary or permanent maintenance order? How does maintenance work in Kentucky, and how long will it take until you start to receive maintenance? When will the Court issue a temporary or permanent maintenance order?
Key Takeaways About the Difference between a Temporary or Permanent Maintenance Order in a Kentucky or Louisville Divorce:
- Maintenance in Kentucky (often referred to as spousal support or alimony) is designed to level the financial playing field between the parties during a divorce. It often provides one of the parties with the opportunity to become self-sufficient after the divorce is completed.
- Temporary maintenance orders are issued in the early stages of the divorce process and are usually in place until the Judge issues final or “permanent” orders.
- A permanent maintenance order does not necessarily mean “until death or remarriage.” “Permanent” means going forward and for the future. Permanent orders can be modified, scheduled to end, or remain in effect for more extended periods. Each case is unique and fact-specific.
A Request for a Temporary Maintenance Order
A request for temporary maintenance can accompany the original divorce petition. The experienced divorce and family law attorneys at Dodd & Dodd can help you carefully structure the documents and supporting information to protect your interests and to achieve your goals. Generally speaking, maintenance is often established with a temporary maintenance order and ultimately replaced by permanent maintenance orders.
Once a complaint is filed, a hearing is set for somewhere between 30 and 90 days later for requests for temporary orders. The opposing side and their counsel have the opportunity to provide a written response or “Answer” to the complaint and other divorce filings, including the request for temporary orders. We work to negotiate many of these issues in advance of the hearing to help keep costs down and to facilitate an earlier start date for maintenance.
When negotiations aren’t fruitful, mediation can be a timely and cost-effective alternative to litigating the matter in Court.
The Court is often interested in ensuring a somewhat level financial playing field for the parties during their divorce. If the parties cannot reach an agreement, the Court will usually order a level of temporary maintenance (if appropriate) at the outset of the divorce process. This is why it is so important to have experienced and proven representation in your divorce.
If negotiations are successful and the parties agree on a maintenance level, a permanent maintenance judgment can be drafted, approved by the Court, and implemented. When the parties are in disagreement, the Court must hear the issues at trial and will apply several factors in the ultimate decision regarding maintenance.
Can Permanent Orders issued by a Louisville Family Court be Modified in the Future?
Once the Court issues a permanent maintenance judgment, the length of that maintenance order is often included within the documentation. The Court usually requires the recipient to become self-sustaining within a specified period. In other cases, existing permanent maintenance orders may only be modified at a post-decree modification hearing (if the Court has retained jurisdiction over the issue of maintenance). We carefully craft post-decree motions and supporting documents to clearly establish any change in “Status Quo” required before a modification can be granted. Temporary and permanent maintenance orders are part of many Louisville divorce cases.
To learn if a temporary or permanent maintenance order will be required in your case 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.
