Is there a Kansas law stipulating alimony be paid monthly if the order stated anually?
Full Question:
Is there a Kansas law stipulating alimony be paid monthly during the year in the event the maintenance agreement just states an annual amount?
04/11/2009 |
Category: Divorce ยป Alimony |
State: Kansas |
#15952
Answer:
Alimony may be in a lump sum, in periodic payments, on a percentage of earnings or
on any other basis. The terms of the divorce decree will govern.
The following is a portion of a KS statute:
2) Maintenance. The decree may award to either party an allowance for
future support denominated as maintenance, in an amount the court finds to
be fair, just and equitable under all of the circumstances. The decree may
make the future payments modifiable or terminable under circumstances
prescribed in the decree. The court may make a modification of maintenance
retroactive to a date at least one month after the date that the motion to
modify was filed with the court. In any event, the court may not award
maintenance for a period of time in excess of 121 months. If the original
court decree reserves the power of the court to hear subsequent motions for
reinstatement of maintenance and such a motion is filed prior to the
expiration of the stated period of time for maintenance payments, the court
shall have jurisdiction to hear a motion by the recipient of the
maintenance to reinstate the maintenance payments. Upon motion and hearing,
the court may reinstate the payments in whole or in part for a period of
time, conditioned upon any modifying or terminating circumstances
prescribed by the court, but the reinstatement shall be limited to a period
of time not exceeding 121 months. The recipient may file subsequent motions
for reinstatement of maintenance prior to the expiration of subsequent
periods of time for maintenance payments to be made, but no single period
of reinstatement ordered by the court may exceed 121 months. Maintenance
may be in a lump sum, in periodic payments, on a percentage of earnings or
on any other basis. At any time, on a hearing with reasonable notice to the
party affected, the court may modify the amounts or other conditions for
the payment of any portion of the maintenance originally awarded that has
not already become due, but no modification shall be made without the
consent of the party liable for the maintenance, if it has the effect of
increasing or accelerating the liability for the unpaid maintenance beyond
what was prescribed in the original decree. Except for good cause shown,
every order requiring payment of maintenance under this section shall
require that the maintenance be paid through the central unit for
collection and disbursement of support payments designated pursuant to
K.S.A. 23-4,118, and amendments thereto. A written agreement between the
parties to make direct maintenance payments to the obligee and not pay
through the central unit shall constitute good cause. If child support and
maintenance payments are both made to an obligee by the same obligor, and
if the court has made a determination concerning the manner of payment of
child support, then maintenance payments shall be paid in the same manner.
(3) Separation agreement. If the parties have entered into a separation
agreement which the court finds to be valid, just and equitable, the
agreement shall be incorporated in the decree. A separation agreement may
include provisions relating to a parenting plan. The provisions of the
agreement on all matters settled by it shall be confirmed in the decree
except that any provisions relating to the legal custody, residency,
visitation parenting time, support or education of the minor children shall
be subject to the control of the court in accordance with all other
provisions of this article. Matters settled by an agreement incorporated in
the decree, other than matters pertaining to the legal custody, residency,
visitation, parenting time, support or education of the minor children,
shall not be subject to subsequent modification by the court except: (A) As
prescribed by the agreement or (B) as subsequently consented to by the
parties.
