Maintenance Modification (KY)

Here’s an outline I presented at two consecutive LBA/AAML seminars:

Here’s an outline I presented at two consecutive LBA/AAML seminars:
Download Redlined.Modification.handiout.outline.doc The red-lined changes were for the second seminar. After dozens (hundreds?) of hours and 26 pages, I had the law figured out. On my copy I later marked at the top that it needed to be revised to account for two new cases. Now there are more, including a new Court of Appeals decision last week, Block v. Block. We will digest and post that “to be published” decision soon. With this case, Massey v. Massey (motion for discretionary review pending). and Rayborn v. Rayborn, about which we posted here the architecture of my outline is obsolete. If a client wants to know if maintenance can be modified, you will have to update the research and perhaps it is time for the Kentucky Supreme Court to take a look at this recurring issue and put some predictability to it. It is not only tough for our trial courts to know what standards apply, but those of us in the trenches drafting these agreements are hard pressed to know what the law will be at the time of enforcement.

Recent Posts

Kentucky Court of Appeals affirms finding that Warren County Family Court properly found that a Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care Pursuant to KRS 403.352 and KRS 403.353 does not require a family court to grant custody of a minor child to the parent’s named power of attorney when there is a finding of neglect of the parent – Published Opinion from Kentucky Court of Appeals
June 27, 2022
Kentucky Court of Appeals reverses and remands finding by Boyd County Circuit Court that a Grandmother and Uncle of a minor child lacked standing to pursue custody – Published Opinion from Kentucky Court of Appeals
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