When Can Alimony Payments Be Modified or Terminated?
Alimony, called maintenance under Kansas law, is financial support paid by one former spouse to another after a divorce. The amount, duration, and conditions of these payments can affect both parties' financial responsibilities long after the divorce is final.
Kansas law allows maintenance orders to include terms that make future payments modifiable or terminable under circumstances stated in the divorce decree. When circumstances change, determining whether an existing maintenance order can be changed requires careful review of the original decree and applicable Kansas law.
At Oleen Law Firm, our family law attorneys can help you assess your maintenance orders, gather supporting documentation, and pursue an appropriate modification or termination.
Our firm in Manhattan, Kansas, serves clients in Junction City and the surrounding areas. Contact us today to gain clarity on whether your maintenance order can be adjusted.
When Can Maintenance Be Modified?
Kansas courts may modify future maintenance payments in the event of certain life changes, such as changes in income, employment, or financial obligations. However, modifications are limited by the original divorce decree. Our team can help you review the order and pursue an appropriate change.
What Can Lead to Termination?
Maintenance doesn't automatically end simply because a paying spouse wants the obligation to stop. The terms of the divorce decree control when payments can be terminated, including circumstances specifically identified when the maintenance order was entered.
Kansas law expressly permits a decree to make future maintenance payments modifiable or terminable under conditions stated in the decree. Common termination conditions included in Kansas maintenance orders include:
Expiration of the ordered period: Payments end when the period specified in the decree has expired.
Remarriage of the recipient: A decree can provide that maintenance terminates when the recipient remarries. Kansas courts have enforced provisions making remarriage a terminating event.
Cohabitation: A decree can identify cohabitation as a condition that ends maintenance. Kansas appellate decisions have enforced a decree's specific cohabitation provision when it required termination.
Death: A maintenance order may be terminated upon the death of either party. Kansas appellate decisions have recognized such provisions in maintenance decrees.
The specific language in the decree matters. A condition that terminates payments isn't necessarily the same as a condition permitting a reduction in payments. Our experienced alimony attorneys can review the language of your existing order to determine what circumstances trigger termination or modification.
How a Modification Request Works
If you're seeking to change maintenance, you generally need to address the request through the court rather than simply changing the payment amount independently. Kansas law requires a hearing with reasonable notice before the court modifies the amount or other conditions of future maintenance.
Several steps can help you establish a clear basis for the request:
Review the original decree: The maintenance provisions should be examined for the amount, duration, and specific conditions governing modification or termination.
Document the change: Financial records, employment information, and other relevant documents can help you establish the circumstances supporting the requested change.
File the appropriate motion: You must use the applicable court procedure to request modification or termination.
Present supporting evidence: The court will consider the evidence and the terms of the existing order when deciding whether a requested change is permitted.
Our firm can assist you with this process by reviewing the decree, identifying relevant documentation, and preparing the necessary court filings. We can also help you respond when a former spouse requests a change to maintenance payments.
Timing is important as well. Kansas law permits a court to make a modification retroactive to a date at least one month after the motion to modify was filed. This makes promptly addressing a substantial change particularly important when future payment obligations are at issue.
Limits on Kansas Maintenance Orders
Kansas places limits on the duration of maintenance. Under K.S.A. 23-2904, the court can't award maintenance for a period exceeding 121 months. The statute also addresses circumstances in which a divorce decree reserves the court's authority to consider reinstatement of maintenance.
When reinstatement has been reserved, you can file a motion before the stated payment period expires. After a hearing, the court can reinstate payments in whole or in part subject to conditions established by the court, with each reinstatement period limited to 121 months.
These provisions demonstrate why the original decree deserves close attention. If you're seeking to end payments, you may need to determine whether the obligation has actually reached its stated endpoint or whether another provision affects the payment period.
Our alimony attorneys can help you assess these details before taking action. If you're the paying spouse, that can include reviewing whether a terminating event has occurred or whether the decree permits modification. If you're the recipient, we can help determine whether a reduction or termination request is consistent with the order and Kansas law.
Get Help From Family Law Attorneys in Kansas
Income changes, remarriage, cohabitation, the expiration of a payment period, and other circumstances can affect whether Kansas maintenance payments continue. Because the divorce decree establishes important conditions for modification and termination, reviewing the actual language of the order is an important first step.
At Oleen Law Firm, we can assist you in evaluating maintenance provisions, preparing modification or termination requests, and addressing disputes involving existing support orders. Our team can also help you understand the procedural requirements that apply to your circumstances.
Reach out to our Manhattan, Kansas, office today to review your maintenance matters and discuss the legal options available.