A recent case in a Kentucky appellate court helps to shed some light on maintenance and the ability to work if you are to receive support during and after a divorce. The case in the Court of Appeals shows the burden proof on a party who claims they cannot gain meaningful work is weighted toward the party requesting support.
In this case, the party requesting the support was the husband. In the original trial he requested maintenance saying a disability prevented him from returning to work. The trial court found the Social Security Administration had denied his claim and that he was relatively young and still physically able enough to make repairs on the family home.
Upon appeal, the husband’s position was the trial court had denied maintenance because of a domestic violence order. The appellate court denied his request affirming the findings of the lower court. The appellate court found the man had not proven that he was unable to find work, and a new job would not threaten his pension from the previous employer.
The position of Jefferson County family law courts on maintenance and the ability to work during and after a divorce is different in every case as the facts are unique in each situation. Generally speaking, maintenance is usually accompanied with instructions from the Judge requiring the spouse receiving support to become self-sustaining within a period of time. If a claim of disability, or the lack of experience, education or skill in obtaining work is made it must be substantiated with evidence. The burden mostly lies upon the party making the claim regarding their capacity to find work.
Maintenance and the ability to work during and after a Louisville divorce case is often a contentious issue. These cases require divorce and family law attorneys with extensive experience and legal skill. The attorneys at Dodd & Dodd have decades of experience in Louisville family law cases. We invite you to review the recommendations of our clients and contact us or call 502-584-1108 to schedule an appointment.