Legal Question in Family Law in Kentucky
inheritance after divorce is final
If a person inherits money after a divorce is final,is it considered income and subject to a change in the maintenance or child support? I am the recipient of maintenance and child support and have received a death benifit IRA. My ex is late in maintenance because he is aware of my inheritance.
2 Answers from Attorneys
Re: inheritance after divorce is final
Depending on the amount of inheritance, it could be used to alter child support and maintenance, however, there may be ways to partially avoid this problem by placing the money in an IRA or other similar account or other methods. Feel free to contact me to discuss further
Re: inheritance after divorce is final
The main statute regqarding this issue is below:
"KRS 403.250 Modification or termination of provisions for maintenance and property
disposition.
(1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any
decree respecting maintenance may be modified only upon a showing of changed
circumstances so substantial and continuing as to make the terms unconscionable. The
provisions as to property disposition may not be revoked or modified, unless the court
finds the existence of conditions that justify the reopening of a judgment under the laws of
this state.
(2) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to
pay future maintenance is terminated upon the death of either party or the remarriage of
the party receiving maintenance."
Without researching cases which have interpreted this statute, my instinct is that
the presiding judge would have to determine
whether your inheritance constituted "circumstances so substantial and continuing
as to make the terms unconscionable."