Divorce can be a stressful and emotionally draining experience. Among the many issues often discussed during divorce proceedings is spousal support. Spousal support – sometimes referred to as alimony or maintenance – is a payment made by one spouse to another following a divorce. The purpose of spousal support is to provide financial support to the lower-earning spouse, allowing them time to improve their earning capacity. However, financial situations can change following a divorce, which may warrant the modification of spousal support. In this article, we will discuss if and when spousal support can be modified after a divorce in Kansas.
Spousal Support in Kansas
Kansas courts may order spousal support payments after a divorce if one spouse cannot support themselves adequately. There is no specific formula to determine spousal support in Kansas. Instead, the court considers several factors, such as the length of the marriage, each spouse’s age, their physical and emotional health, the earning capacity of each spouse, and the needs of each spouse. In Kansas, the court has the discretion to award spousal support for any duration, including for life. The court may also modify or terminate spousal support orders as circumstances change.
Modification of Spousal Support
Spousal support payments may be modified if there is a substantial change in circumstances that warrants a modification. A substantial change in circumstances is generally considered any event, condition, or change that significantly affects the paying spouse’s ability to pay spousal support or the receiving spouse’s need for support. Examples of substantial changes in circumstances that may warrant spousal support modification in Kansas include:
- Loss of a job or reduction in income
- Illness or disability that affects a spouse’s ability to work
- A significant increase in the receiving spouse’s income
- The receiving spouse remarries or begins cohabitating with a partner
- The paying spouse’s retirement
How to Modify Spousal Support in Kansas
In Kansas, either spouse may request a modification of spousal support by filing a motion with the court that issued the original spousal support order. The requesting spouse must provide evidence of a substantial change in circumstances and explain how that change affects their ability to pay or need for spousal support. The court will review the motion and evidence presented and make a decision on whether to modify or terminate spousal support.
Conclusion
Modifying spousal support after a divorce is possible, but there are specific guidelines and requirements that must be met to seek a modification. If you believe you have experienced a substantial change in circumstances that warrants a modification of spousal support in Kansas, it is essential to understand the requirements and seek the advice of a family law attorney to help navigate the process. With the help of a knowledgeable attorney, you may be able to modify spousal support to better suit your current financial situation.