Difference Between a Temporary or Permanent Maintenance Order

Temporary or Permanent Maintenance Order

How does maintenance work in Kentucky, and how long will it take until you start to receive maintenance? What is the difference between a temporary or permanent maintenance order and can they be changed? Generally speaking, maintenance is sometimes established with a temporary maintenance order, and ultimately replaced by permanent maintenance orders.

When will the Court issue a temporary or permanent maintenance order?

A request for temporary maintenance can accompany your original divorce petition. The experienced divorce and family law attorneys at Dodd & Dodd can help you carefully structure the documents and supporting information to protect your interests and to achieve your goals.

Once a complaint is filed, a hearing is set for somewhere between 30 and usually closer to 90 days later with regard to requests for temporary orders. The opposing side and their counsel have the opportunity to provide a written response or “Answer” to your complaint and your other divorce filings, including the request for temporary orders. We work to negotiate many of these issues in advance of the hearing to help keep costs down and to facilitate an earlier start date for maintenance.

When negotiations aren’t fruitful, mediation can prove to be a timely and cost-effective alternative to placing the matter before the Court.

If no agreement can otherwise be reached the Court will usually order some temporary maintenance (if appropriate) after the initial temporary orders hearing and the submission of additional affidavits regarding the issue. This is why it is so important to have experienced and proven representation in your divorce.

If permanent maintenance can be agreed upon and negotiations are successful, a permanent maintenance judgment can be drafted, approved by the Court and implemented. When the parties are in disagreement, the Court must hear the issues at trial and will apply several factors in the ultimate decision regarding maintenance.

Once the Court issues a permanent maintenance judgment it can only be changed through a post decree modification hearing (if the court has retained jurisdiction over the issue of maintenance). We carefully craft post decree motions and supporting documents to clearly establish any change in “Status Quo” required before a modification can be granted. Temporary and permanent maintenance orders are part of many Louisville divorce cases. To learn if a temporary or permanent maintenance order will be required in your case we invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.