When a person in Kentucky seeks a modification to court-ordered spousal support, there must be significant changes to one's circumstances to justify such a petition. While the court sometimes orders temporary changes in cases of job loss or illness that causes severe hardship, permanent modifications can be sought. Modifications to alimony can be requested by either the paying or the receiving party.
The paying spouse may seek the termination or decrease in alimony if the receiving spouse remarries or cohabitates with an intimate partner. Such a petition may also be filed if the receiving ex-spouse has a significant increase in income, such as a high paying job. If the payor becomes physically or mentally disabled, the court may modify the spousal support order to a lesser amount.
On the other hand, if the receiving party can show that inflation has devalued the support to the extent that makes it insufficient, the court may increase the order. If the person paying alimony has a significant increase in income, the receiver may request a higher amount of support. In the event of disability, the court may be petitioned for a higher amount of support.
These efforts might be unnecessary if preventative steps are taken during the divorce. An experienced Kentucky divorce attorney can add a cost of living adjustment clause or an escalator clause to the divorce decree that can ensure gradual increases in alimony. Couples are also free to agree on a modified amount among themselves, but if it is not done through the court, it will not be enforceable.