Legal Question in Family Law in Kentucky

alimony/maintenence

My husband was divorced in 1996. At that time he owned his own company and agreeded to give his ex wife $500/mth maintence. Shortly thereafter the business went under and he hasn't been able to start another one. His ex keeps taking him back to court for non payment. He/we ae not able to pay this amount since it was to be paid until her death or his. Is there any way to go back to court and stop this amount since he doesn't make that kind of money anymore? He is to appear next week again for contempt charges. He just got out of jail the middle of May for those same charges (he was sentenced to 6 mths and served them). We need to stop the lifetime payment, and get the amount to be paid reduced, is this something that can be done? In the divorce she got everything, he just got the clothes on his back and was happy to give it all to her, but enough is enough. Please help, we are desperate


Asked on 7/24/00, 10:57 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: alimony/maintenence

Change in Child Support and/or Maintenance (Alimony) in KY is based upon Siginificant Change in Circumstances. Upon motion to the court, the party moving has to show the judge that they are now unable to comply with the previous ordered amount. All I can figure is the judge believes that your husband is still capable of earning his previous amount, and that he is "voluntarily under-employed". I would move the court again, with aid of an attorney, to lower or abolish the Maintenance payments and set is down for a bench trial type full hearing on the merits. Provide the evidence of the failed business and reasons why your husband cannot continue the payments. Good Luck.

Read more
Answered on 9/21/00, 4:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kentucky