Tag

Maintenance Modification
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Lockhart v. Lockhart The parties entered into a Marital Settlement Agreement in which Former Husband agreed to pay maintenance to Former Wife for a period of years or until Former Wife remarried. Additionally, the Agreement precluded the modification of maintenance. Former Husband filed a motion to terminate his maintenance obligation due to a decrease of...
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Power of Attorney
Husband and wife divorced in 2004. Husband paid maintenance pursuant to a non-modifiable award set forth in a Marital Settlement Agreement. Ten years later, Husband moved to terminate his obligation due to a change in employment. The family court entered an Order terminating maintenance pursuant to KRS 403.250(1) stating it gave the family court “authority...
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MAYS V. MAYS Husband and Wife entered into a Marital Settlement Agreement in North Carolina. Wife had an attorney. Husband did not have an attorney, but participated in the five drafts of the document. Both parties moved to Kentucky after Husband’s retirement from the military. Wife filed a motion to ratify the Separation Agreement. Husband...
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Flag of Kentucky
GIESE V. GIESE Husband’s maintenance obligation was established by a Tennessee Court. Husband filed a motion to modify his maintenance obligation in Kentucky. The Kentucky court denied his motion. Husband filed this appeal arguing the Kentucky trial court lacked subject-matter jurisdiction to make any order on spousal maintenance. The Court of Appeals agrees with Husband...
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We do not usually post unpublished opinions from the Ky Court of Appeals but Geralds v. Geralds  is notable, giving guidance to the bench and bar about an issue that has perplexed us since Woodson v. Woodson in 2011.  Geralds holds that agreements for non-modifiable maintenance are enforceable. We don't know why the opinion was...
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Woodson v. Woodson 2010-SC-000053-DG Published:  Reversing and Remanding County: Jefferson Overruling Dame v. Dame, SC held that “a maintenance award in a fixed amount to be paid out over a definite period of time is subject to modification under KRS 403 .250(1).”  KRS 403 .250(1) states in part:
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The Court accepted discretionary review in Woodson v. Woodson, in which the Court of Appeals upheld the trial court as it lacked authority to rule contrary to Dame v. Dame. The Court of Appeals' unpublished opinion is here. So, the question is whether fixed payments of maintenance over a fixed period of time remain non-modifiable....
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DAUNHAUER v. DAUNHAUER, ___S.W.3d___ (Ky. App. 2009) PUBLISHED: REVERSING ACREE PRESIDING; NICKELL AND SENIOR JUDGE KNOPF CONCURCOUNTY:JEFFERSON
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