My father signed a document, without benefit of a lawyer, to provide my mom $700 a month alimony until either person died or my mom remarried or lived with someone. She has never ''gone after'' the money before, because my father has had his shares of financial ups and down through the years. Now she is going after the money since he and his wife have purchased a home. The money they used to buy the home was my dad's wife's money, he only gets a small social security sum each month. The document was signed over 15 years ago, if not more. How vaild is this settlement, can she lay claim to it now, and how can my dad protect his home (which is the only thing my folks really have to depend on for their retirement)? My mom received the house and all belonging when they divorced. My dad kept only his own personal items. She has since sold that house and bought and sold another one. What can my dad and his wife do to protect their very limited assets?
1 Answer from Attorneys
Re: alimony claims
In Kansas, alimony (now called spousal maintenance) normally can be reduced if a material change of circumstances in shown. However, that may not be true if the document says that there are none other than the stated grounds for reduction. It sounds as though your father does not have the income to support a $700.00 per month alimony award. In addition, some of the periodic alimony judgments appear to have gone dormant and some have probably expired. Consult an experience family law attorney for review of the document.