Going through a divorce can be an incredibly challenging and emotionally draining process. The division of assets and liabilities, determining child custody, and reaching a mutually acceptable spousal support arrangement are just some of the many factors that need to be considered. However, life doesn’t stop after a divorce decree is issued. People continue to navigate their lives, which often involves unexpected events such as receiving inheritances, remarrying, and facing changing financial circumstances. In situations where an ex-spouse receives an inheritance, it raises the question of whether the receiving spouse can seek a change in spousal support payments. This thought-provoking article delves into the possibility of requesting a modification in spousal support if your ex-spouse receives an inheritance in the state of Kansas.
Spousal support in Kansas
When it comes to spousal support, which is commonly known as alimony, there is no fixed formula for calculating payments in Kansas. The courts consider several crucial factors when determining spousal support, including the duration of the marriage, the financial resources of each spouse, the physical and emotional well-being of the recipient spouse, and the standard of living the couple enjoyed during their marriage. In Kansas, spousal support payments can be temporary or permanent, depending on the unique circumstances surrounding each case.
Inheritance and its impact on spousal support
An inheritance, typically consisting of assets or property received from the estate of a deceased person, can significantly impact the dynamics of spousal support. Consequently, if your ex-spouse receives an inheritance, it’s natural to question whether you can seek a change in the spousal support payments. The answer, however, is contingent on the specific facts and circumstances surrounding your case.
Modifiability of spousal support
If your spousal support arrangement is modifiable, there is a possibility that you can request a modification in payments. To initiate such a modification, there must be a substantial change in circumstances that renders the original support order unreasonable. It is important to note that an inheritance can be considered a significant change in circumstances, potentially leading the court to modify the spousal support payments accordingly.
Non-modifiable spousal support
On the other hand, if your spousal support arrangement is non-modifiable, you will not be able to request a change in payments. Non-modifiable support means that the payments cannot be altered for any reason. However, it is worth mentioning that some spousal support agreements become non-modifiable after a specific period or event, such as retirement or remarriage. Therefore, if your agreement transitions into a non-modifiable status due to a particular event, you might be able to request a change in payments based on the subsequent change in circumstances.
Requesting a modification in spousal support payments
If you believe that you may be entitled to a change in spousal support payments due to your ex-spouse’s inheritance, it is crucial to consult with a knowledgeable family law attorney. An experienced attorney can meticulously review the facts of your case, help you determine your eligibility for a modification, and guide you through the process of filing a motion with the court.
To commence the motion filing process, you must gather sufficient evidence to support your claim, such as documentation of your ex-spouse’s inheritance. Additionally, you must articulate why the new circumstances resulting from the inheritance make the original support order unreasonable. The court will objectively evaluate the evidence presented and apply the relevant law to make a decision regarding the modification of spousal support payments.
Conclusion
In conclusion, the possibility of requesting a change in spousal support payments arises when an ex-spouse receives an inheritance. However, the success of such a request depends largely on the terms of the original agreement and the specific facts surrounding the case. It is of utmost importance to seek the guidance of a skilled attorney to assess your eligibility for a modification and to provide invaluable support throughout the legal process. By understanding your rights and taking appropriate legal actions, you can navigate the complexities of spousal support and ensure a fair outcome that aligns with your changing circumstances.