Call Us Now
Email Us Now
Can the Courts Change Spousal Support Maintenance Amounts After a Divorce?
Yes, courts in Kansas can make changes to alimony payments, which are called maintenance payments in the state. They can do this even after the divorce has been finalized, but there are limitations to what courts can change without the agreement of both parties.
Can the Court Increase Maintenance Amounts After a Divorce?
Yes, the court can increase maintenance amounts. However, it can only do so after a hearing and notification to the person liable for paying the support, which gives that person a reasonable amount of time to accommodate any change. The court can also not increase maintenance requirements beyond the original divorce decree without the consent of the person who is liable for paying it.
Can the Court Decrease Maintenance Amounts After a Divorce?
The court is freer to make changes to spousal support maintenance orders that reduce the amount one person has to pay. In these cases, the court can do so following a hearing on the matter, and it does not need the liable person’s consent.
What Steps Should You Take to Seek a Change in Maintenance Support Payments?
There are many reasons you may want to seek a change in maintenance support payments through the court. Perhaps you are the spouse who is making alimony payments, and you believe that circumstances have changed for you, your ex, or both parties that may necessitate a change. Or, you might be the person who receives alimony payments and you find that they are no longer enough to meet the needs they were intended for.
No matter the reason you are seeking a change in maintenance payments in Kansas, some of the steps below may be relevant.
Discuss the Matter With Your Ex
If you and your ex have a civil relationship and have successfully cooperated on matters such as maintenance payments, property division, and child custody in the past, you may want to start by having an honest conversation about maintenance payments and your needs or expectations. Because the process is easier if both parties are in agreement, approaching your ex directly may help speed up any potential change in maintenance payment.
Come to an Agreement and File It With the Court, if Possible
If you can come to an agreement with your ex, you can file a petition to have the court order the changes you agreed upon. This can be especially helpful if you are seeking to increase maintenance payments for any reason, as the court can’t order it without the consent of the other party anyway.
Petition the Court for a Change
In some cases, individuals may not feel comfortable approaching their ex to discuss a change in maintenance payments. This can be true whether you’re seeking to reduce the payments you make or want to ask for more support. Perhaps your divorce was contentious and you and your ex-spouse do not work well together. Or, perhaps you feel like your ex is taking advantage of you, and you don’t feel that talking to them directly about the matter will be fruitful.
In these types of cases, you may want to petition the court for a change in maintenance payments without first talking to your spouse. Know that if you are seeking an increase in payments, however, proving the need to the court won’t necessarily result in success, as the other party will need to consent to increased payments, too.
Gather Documents to Make Your Case
Gather documents to make your case. Some types of documents that can help back up your argument in favor of a change in maintenance support payments include:
- Income documents. Tax returns, paycheck stubs, and other documents that show how much you make can help show why a change in maintenance may be appropriate. You may also need to request income statements and relevant documents from your ex.
- Expense documents. You may need to demonstrate how your expenses have changed over time, especially with regard to necessary things such as housing, food, or medical care. You can do this with documents such as bank statements, bills, and receipts. Again, you may also need to request this type of documentation from the other person.
Work With Experienced Family Law Attorneys
Seeking a modification of spousal maintenance payments after a divorce is finalized is possible. However, it’s not a simple matter, and the court is limited as to the actions it can take in some of these cases. If you believe a modification is in order based on changes to your income or any other factor, a good first step is to talk to an experienced family law team.
Attorneys who are experienced in spousal maintenance orders can provide you with guidance about what might be possible in your case. They can also work with you to create a compelling case for a change or negotiate on your behalf with your ex’s attorney if there is a potential that you may be able to come to an agreement about new maintenance payment amounts.
To get started with the alimony modification process, contact Barnds Law, LLC, by calling 913-514-0909. Our team will work to understand your case and help you take action that is in your best interests.
