Legal Question in Family Law in Kentucky

If I pay my exwife off early with the maintenence owed to her like 12 months early (being im moving out of the state in march and dont want that hanging over my head when I move) she has agreed to the early payoff does that end my court ordered obligation ? Do we have to go back to court or what do we need to do in this case


Asked on 1/13/11, 4:16 pm

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

You are describing what is referred to as "lump sum" maintenance as opposed to lifetime maintenance. "Lump sum" is a deceptive term, though, in that it is usually broken down into even payments over time. However, the exact amount of the maintenance can always be calculated. Other than it having a negative tax consequence for her, prepayment of maintenance satisfies your obligation and you should not have to go back to court. You would want something in writing showing agreement, though, that it is payment of maintenance and not a gift.

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Answered on 1/19/11, 7:45 am


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