Legal Question in Family Law in Kentucky

I am paying permant alimony to the x-wife, I am planning on remarring and the lady I am toing to marry has permanant custody of her three grandchildrn. We are going to move to her state and I am going to have to take a pay cut, Will I be able to modify my alimony to my new job, and can it be modified sense I have 3 new children and a new wife,to be take care of? All my children with the x is grown.


Asked on 9/15/10, 11:35 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

It depends - lump sum or defined term maintenance (what alimony is called in Kentucky) is usually not modifiable. Lifetime maintenance is modifiable. So, if you have a modifiable type of maintenance, you may be successful in showing you can no longer afford the level of maintenance previously awarded. However, I doubt that the three children will be a factor since, even if you get married, you do not have a legal obligation to support those children. The pay cut is your stronger argument.

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Answered on 9/20/10, 1:07 pm


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