Kansas Spousal Support Lawyers

Either spouse can request alimony in Kansas. However, the statutes refer to it as “spousal support” or “spousal maintenance.” The requesting party must ask for spousal maintenance in his or her initial petition for dissolution of marriage. The court has the discretion to order alimony that is fair and reasonable. While some counties might use a calculation, the court looks at several factors to determine a fair amount, including finances, property division and the length of the marriage. The calculations are not binding on the court.

What is Spousal Maintenance in Kansas?

When a Kansas couple gets divorced (dissolution of marriage), the court may grant one party spousal maintenance. The purpose of spousal maintenance is to make up for economic imbalances between the parties such as earning power and standard of living.

The court has wide discretion in determining whether or not maintenance should be awarded.

Maintenance is not an absolute right, and the primary consideration in making such an award is the need of one spouse to receive maintenance and the other spouse’s ability to pay.

How is Spousal Support Calculated in Kansas?

A maintenance award must be fair, just, and equitable in light of the circumstances. In determining whether and in what amount maintenance should be awarded, a Court will consider several factors, including:

• The age of the parties
• The parties’ present and future earning capacities
• The length of the marriage
• The property owned by the parties
• The parties’ needs
• Sources and manner of acquisition of property
• Family ties and obligations of the parties
• The parties’ overall financial condition
• Economic fault (dissipation of marital assets)

Many counties in Kansas have developed guidelines for determining the amount of a maintenance award. These guidelines are useful in determining the methods used by that county in calculating maintenance, but they are not binding on the Court.

The Johnson County Family Law Guidelines, for example, provide that monthly maintenance in most cases is calculated as 20% of the difference in the spouses’ incomes and is payable for a time equal to one-third of the length of the marriage. In cases where there ware no children, the percentage is higher. Also, in cases where the length of marriage is over 25 years, the percentage is higher.

Maintenance is considered income to the recipient party and is a reduction in income for the payor spouse for income tax and child support calculation purposes.

How is Maintenance Paid Out in Kansas?

Maintenance may be payable as a lump sum (either one large payment or installments), in periodic payments over a definite amount of time, on a percentage of earnings, or on any other basis. Periodic maintenance paid monthly is the most common maintenance arrangement.

Modifying Maintenance in Kansas

A Court retains jurisdiction after entry of a Decree of Divorce to modify a court-ordered maintenance award. However, no modification may be made to a maintenance award without the consent of the party liable for the maintenance if the modification would increase the maintenance award or accelerate the liability for the unpaid maintenance beyond what was ordered in the Decree of Divorce. In this way, absent the payor’s consent, a Court may modify the maintenance award downward but not upward.

Length of Maintenance

The duration of Court-ordered periodic maintenance is limited to 121 months; however, the parties may, in a property settlement agreement, agree to a longer maintenance term. Court-ordered maintenance usually terminates upon the death of either spouse or remarriage of the recipient spouse.

A separation agreement may set forth additional circumstances under which maintenance is terminated, including co-habitation; however, “co-habitation” should be clearly defined to include residence with an adult non-relative of either sex.

Maintenance may be paid directly to the Kansas Payment Center (KPC). The recipient must establish an account with the KPC and may elect to receive the monthly maintenance payments in the form of a reloadable debit card, direct deposit, or check.

Kansas Maintenance Enforcement

Missed maintenance payments may result in judgments against the payor spouse for each missed payment. These judgments may be enforced by garnishment of wages, seizure of bank accounts, real estate, and other non-exempt property. Additionally, a party who fails to make maintenance payments as ordered may be charged with contempt of court. If found guilty of contempt of court, the non-paying spouse may be punished by imprisonment until the party cures the contempt, fines, and/or attorney fees. Maintenance is a domestic support obligation and is typically not dischargeable in bankruptcy.

Why Work With Cordell & Cordell

We are focused on representing fathers and husbands, and we understand the complexities and challenges of men’s rights and issues in family law. We provide personalized and compassionate legal guidance for family law matters. To ensure your voice is heard, we stand by you at every step of your family law case.

Testimonials

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.

Keep Your Financial Future Secure

Your financial future deserves careful planning. At Cordell & Cordell, we represent you through the complexities of family law, helping protect your rights and financial well-being. We work closely with you to create a strategy tailored to your situation. Contact Cordell & Cordell’s Kansas divorce lawyers today for a consultation.