Legal Question in Family Law in Kentucky
Kentucky Divorce
I was divorced in 2001 in Lou., Ky. with a so-called open ended divorce. I was told either party could file a petition to change the awarded maintenance if either parties income changed dramatically. My ex-spouse is planning on retiring in 2 yrs and says he won't be able to pay me maintenance since he will be living on social security and a Lou. Fire Fighters pension. Can he just stop paying me maintenance because he wants too. Please tell me what are my legal options are.
Thank you.........Viviane
1 Answer from Attorneys
Re: Kentucky Divorce
Unless there is some REALLY odd provision allowing for out of court modification in the decree, then he will have to file a motion to modify maintenance with the court and then prove his change in circumstances. You will have an opportunity to argue your side of the matter.
Most likely, if his income actually does drop dramatically, then your maintenance will also be reduced or possibly eliminated.