Can you reduce or eliminate maintenance in Jefferson County? The recent impact of COVID-19 on the local business marital has affected the income of many households here in Louisville and Jefferson County. How will a layoff, furlough or the loss of a job affect your maintenance obligations?
Many people incorrectly believe that once a judge has issued a maintenance order in a divorce, it cannot be changed for the duration of the order. The fact is a maintenance order can be modified if there has been a significant change in circumstances (known as the “status quo”) since the original order was entered.
To qualify as a change in the status quo to reduce or eliminate maintenance in Jefferson County the change must be such that the existing support order is no longer necessary for the receiving spouse or no longer feasible for the paying spouse to pay.
Examples of changes which may support the modification of a maintenance order include loss of income, reduction in pay, the loss of a job (such as a COVID-related furlough), the remarriage of the receiving spouse, the incarceration of the paying spouse or a significant reduction in the paying spouse’s income.
A maintenance order can be modified by written agreement of the parties which is signed by a judge and entered as the new court order for the support. If the parties do not agree, one of the parties may file a motion with the court asking for a modification of the order. Parties should file for the modification as soon as possible after the change in circumstance, as the judge will not be able to modify the support order retroactively.
Mediation is another cost-effective, private and timely venue for resolving areas of dispute between the parties when one wishes to reduce or eliminate maintenance.
If you are paying maintenance and there has been a significant change in your circumstances you need the advice of our experienced Louisville divorce and family law attorneys..
We invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment to learn more about how you might be able to reduce or eliminate maintenance in Jefferson County.
