Laurel Kupka and Kansas Attorney Sarah Carmody: Spousal Maintenance Observations
WHAT IS SPOUSAL MAINTENANCE?
Maintenance is also called “spousal support” or “alimony.”
In Kansas, the law regarding maintenance is a combination of statutes, court decisions (called “case law”), and local guidelines. Maintenance is not ordered in every case and the amount of maintenance and length of time maintenance is paid vary based on a number of different factors.
“Maintenance is not a punishment, it’s just an acknowledgement that one spouse was able to make more money during the relationship, often due to a family decision,” says attorney Sarah Carmody.
DO THE COURTS HAVE GUIDELINES OR SOME KIND OF FORMULA?
“Family law judges and attorneys in Johnson County, Kansas, collaborated to create guidelines that address maintenance. The guidelines are not the law, and courts are not required to follow the guidelines. The guidelines are a starting point, but the judge will consider the facts specific to each case,” states Laurel Kupka, assistant to Kansas Attorney Sarah Carmody.
“The starting point is the difference in income between the spouses,” Sarah Carmody says. “If the difference is substantial, then it could be a maintenance case.”
These guidelines are sometimes the starting point for judges in other counties as well. Family law attorney Sarah Carmody frequently appears in Johnson County, Wyandotte County, Leavenworth County, Jackson County, and Clay County.
WHAT ARE THE MAINTENANCE FACTORS?
Per the Johnson County Guidelines, the factors a judge would consider if you took your case to trial include:
· Length of the marriage.
· Age, physical and emotional conditions of the spouses.
· Financial resources of the spouses.
· Contributions of each spouse to the marriage. These include financial contributions as well as maintaining a household and raising children.
· Time needed for a spouse to seek training or find employment.
· One spouse’s financial need for maintenance.
· The other spouse’s financial ability to pay maintenance.
“This is not an exhaustive list,” attorney Carmody says.
CAN MEN RECEIVE MAINTENANCE, TOO?
Yes. Any case in which there is a difference in income could be a maintenance case depending on the circumstances.
“The law makes no distinction between men and women,” attorney Carmody says. “Some people may have the misconception that a judge would not award maintenance to a man and that simply isn’t true.”
CAN MY SPOUSE AND I AGREE THAT NO MAINTENANCE WILL BE PAID?
You and your spouse can agree that no maintenance will be paid. This is called a waiver of maintenance. Or, if you agree there will be maintenance, can agree how much maintenance will be paid (the amount), how often maintenance will be paid (the frequency), and how long maintenance will be paid (the duration). If you cannot agree, a judge will have to decide.
Typically, a waiver of maintenance is “non-modifiable,” which means you can’t go back and ask for maintenance at a later date after the divorce.
This is just one of the reasons it’s important to consult with an attorney. Attorney Sarah Carmody has more than 10 years of experience litigating divorce cases in the Kansas City Metro Area, including Johnson County, Wyandotte County, Leavenworth County, Jackson County, and Clay County.
HOW IS MAINTENANCE PAID?
Maintenance can be paid in several ways:
· A one-time lump sum payment.
· Several installment payments on a specific schedule.
· Monthly payments over a set amount of time.
· A percentage of earnings, such as a year-end bonus.
In Kansas, one spouse may pay the other spouse directly. Another option is to send payments through the Kansas Payment Center. Income withholding may also be ordered, which means that maintenance payments will be withheld from the payor’s paychecks by their employer.
IS MAINTENANCE TAXABLE?
Tax laws are always being updated, and the treatment of maintenance has changed over time.
“Under the current law, maintenance is no longer treated as taxable income to the person receiving maintenance,” says Overland Park divorce attorney Sarah Carmody. “Likewise, the person who pays maintenance does not receive a tax credit under the current law. This is subject to change.”
The taxability of maintenance may also depend on the law at the time you were divorced.
DO I NEED AN ATTORNEY?
If you have questions, you should consult with an attorney who is familiar with how the courts operate where you live.
Staff members Laurel Kupka and Grace Sexton assist Attorney Sarah Carmody and serve clients across the Kansas City Metro Area. If you would like to schedule a consultation with Attorney Sarah Carmody, please call or text (913) 257–3110 or email sarahcarmodylaw@gmail.com.
See Kansas Attorney Sarah Carmody’s Legal Assistant Laurel Kupka’s blogs on Property Division, Child Support, and Parenting Time
