"Once a court issues a maintenance (alimony) order, changing it isn't easy" by A Family and Criminal Law Blog / LJWorld.com

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Once a court issues a maintenance (alimony) order, changing it isn't easy

Q. My ex and I did a simple divorce 10 months ago. I agreed to a 1 time payment of 50K from her because she said that we would be ''working'' on getting back together. That is not happening. She makes 600K/year and I am out of work. Can I go back and ask for spousal support in Kansas?A. Generally, the answer in Kansas is no. Once the court makes a decision on permanent maintenance, (which is spousal support or alimony) there are circumstances under which it can be modified, but it does not appear your situation is one of them. The answer here is general in nature, you should meet with your attorney to discuss your situation in light of the actual events in your divorce case. Whether the order can be modified for you will depend on those specifics.In Kansas, the court can review orders about maintenance when presented with motions to reduce the payments ordered, or in some cases to extend the payment period. But the court generally lacks jurisdiction to increase maintenance once an order for permanent maintenance has been filed.You might be successful in arguing that you were induced by fraud to enter into your agreement to accept the $50,000 payment. If you could prove fraud, the court would have the power to modify that agreement. Again, I don’t have enough specifics and you should talk with your lawyer. But, a promise to “work on getting back together” isn’t usually going to be the kind of inducement the court might consider as deceitful or sufficient, if breached, to require revocation of an agreement on permanent maintenance. I hope this was helpful.David J. Brown, Managing AttorneyThe Law Offices of David J. Brown, LC1040 New Hampshire, Suite 14Lawrence, Kansas 66044 785-842-0777 Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Offices of David J. Brown, LC.

By djbrown

January 28, 2009

A Family and Criminal Law Blog