The only constant in life is change, and changes in your own life circumstances, that of a former spouse, or the lives of your children may warrant modifications to a divorce decree or support order in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky.
The request may include or involve:
- Enforcement of existing orders
- Child custody
- Child support
- Spousal support or “Maintenance”
If your former spouse is not complying with the orders of a Jefferson, Bullitt, Hardin, Spencer, Shelby, or Oldham County Family Court, it may be necessary to consider filing a motion for a “contempt action” with the Court. This can result from the failure to keep visitation schedules and issues with support payments or other expenses related to the child or spousal support.
In Kentucky, “Contempt” occurs when a person:
- Is aware that a court order exists
- Had the capacity or ability to comply with the original order, and knowingly chose not to comply
- Has no valid reason or excuse for failing to comply
A contempt action aims to bring the other party into compliance. The Court will usually provide the alleged offender with the opportunity to comply with the Court’s existing order(s) promptly and reasonably. The burden of proof in these types of Kentucky family law cases rests with the party filing the motion, and asserted actions of the opposing party are not consistent with or in violation of the Court’s orders. We must often anticipate and be prepared to document and rebut a large variety of excuses why the other party was “unable to comply” with the orders of the Court. However, in serious cases, the Court may not only force the other party to come into compliance, but impose additional sanctions such as fines, an order to pay your attorney’s fees, modifications to a divorce decree or support order, or to provide extra time with the child or children to offset time lost due to the contemptuous acts of the other party.
Post Decree Modification of Maintenance in Kentucky
Modification of maintenance or spousal support in Kentucky can be requested for many reasons. In most cases, our Family Court issued the order for maintenance / spousal support based upon the ability of each party to be or become self-sustaining, the length of the marriage, age and health, employment viability, and the financial circumstances and lifestyle of the parties during the marriage itself. In most cases, the original divorce decree will contain language that either gives the Court continuing jurisdiction over the matter, as well as benchmarks in time or financial circumstances for the recipient to become self-sustaining.
Modifications to a divorce decree or support order will require a significant change in the “Status Quo,” such as a significant (more than 10% + or -) change in employment or income, loss of a job, remarriage or cohabitation of the recipient, move away or relocation, changes in the cost of health insurance or other living expenses, significant developments in the life of a child, domestic violence or criminal activity, or any ongoing change in the circumstances surrounding the parties and/or children that renders the current orders “unconscionable.”
If you have questions or concerns regarding modifications to a divorce decree or support order we invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get answers to your questions and to learn more about your unique circumstances and how to protect what is most important to you in your family law case.
