Alimony modification possible under certain circumstances

Court orders that are issued in a Kentucky divorce are binding. However, child support, alimony, child custody and parenting orders may be subject to modification in the future. Life is unpredictable and unforeseen circumstances may hamper a person's ability to oblige. However, the burden to prove significant changes in circumstances will be on the person seeking modification.

When original orders for alimony were issued, it would have been based on the income of the person required to pay spousal support. To convince the court of changed circumstances that renders him or her unable to pay the ordered amount, that person will have to show that the changes were substantial and unavoidable. If job loss is cited as the reason, the court will want to see proof that a significant effort has been made to find employment at a similar level of remuneration before accepting a lower-paying job.

The court may consider a modification if it is convinced that a lower-paying job or unemployment was not a voluntary choice with the aim of avoiding alimony obligations. These requirements apply to alimony that was ordered by the court at the time of the divorce and also to agreements made between spouses in negotiations out of court. Both scenarios will form part of the final divorce decree.

Anyone in Kentucky who suffers significant hardship and is no longer able to pay his or her court-ordered alimony has every right to consult with an experienced divorce attorney. A lawyer can assess the circumstances and explain the options that are available. The attorney can provide guidance in gathering the necessary evidence to prove significant financial changes to the court.

Source: nj.com, "Can I pay less alimony after job change?", Karin Price Mueller, Sept. 7, 2017

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