Legal Question in Family Law in Kentucky

inheritance after divorce is final

If a person inherits money after a divorce is final,is it considered income and subject to a change in the maintenance or child support? I am the recipient of maintenance and child support and have received a death benifit IRA. My ex is late in maintenance because he is aware of my inheritance.


Asked on 9/02/03, 6:01 pm

2 Answers from Attorneys

Bryan Gowin Bryan Gowin Attorney at Law

Re: inheritance after divorce is final

Depending on the amount of inheritance, it could be used to alter child support and maintenance, however, there may be ways to partially avoid this problem by placing the money in an IRA or other similar account or other methods. Feel free to contact me to discuss further

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Answered on 9/02/03, 6:18 pm
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: inheritance after divorce is final

The main statute regqarding this issue is below:

"KRS 403.250 Modification or termination of provisions for maintenance and property

disposition.

(1) Except as otherwise provided in subsection (6) of KRS 403.180, the provisions of any

decree respecting maintenance may be modified only upon a showing of changed

circumstances so substantial and continuing as to make the terms unconscionable. The

provisions as to property disposition may not be revoked or modified, unless the court

finds the existence of conditions that justify the reopening of a judgment under the laws of

this state.

(2) Unless otherwise agreed in writing or expressly provided in the decree, the obligation to

pay future maintenance is terminated upon the death of either party or the remarriage of

the party receiving maintenance."

Without researching cases which have interpreted this statute, my instinct is that

the presiding judge would have to determine

whether your inheritance constituted "circumstances so substantial and continuing

as to make the terms unconscionable."

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Answered on 9/02/03, 8:11 pm


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