In a divorce, a court may order one spouse to pay alimony to the other. Alimony may also be called maintenance or spousal support. This legal obligation arises from the fact that spouses are legally bound to support each other. In a divorce, one party with greater financial resources may be required to provide financial support to the other party for a period of time.
There is no absolute right to spousal support in Kansas. Instead, a court will look at a number of factors to determine whether alimony should be granted.
These factors may include:
If the parties agree that alimony is appropriate (there may be certain tax advantages to the spouse paying the support), local courts may have guidelines that help determine how much alimony should be awarded in a given case. A family law attorney in your area will be familiar with these guidelines and can help you determine how much spousal support you may be required to pay.
If awarded by the court, alimony does not have to be a monthly payment. It could also be a lump sum payment that allows a spouse to support themselves for a period of time. In any case, spousal support is usually limited to an initial term of 121 months (approximately 10 years). The Court can decide to extend spousal support beyond the initial term if additional alimony is warranted by the situation. Unless the parties agree otherwise, alimony can only be modified to reduce the payments. The court cannot reduce past due payments, so if you need to modify your maintenance payments, it is to your advantage to file a motion as soon as possible.
For cases involving spousal support, you will need the assistance of a skilled family law attorney to guide you through the process. Jeffers Law Office will explain your alimony rights and obligations, and the likely outcome of taking a spousal support to court. Attorney Mark Jeffers is practiced at finding amicable solutions to issues such as support, and can help you reach an agreement that works for both parties. Contact Jeffers Law Office today for a free initial consultation on your alimony case.