Spousal Support - Maintenance

Spousal Support (also called Alimony or Maintenance) is assistance through money, open to those who were legally married. It is in credit to a partner’s role in the marriage and to help the recipient spouse achieve independence.
It is either based on an agreement between the parties or awarded by the court.
It is not automatically awarded in divorces or separations. The judge has to decide it's needed based on a set of factors.

The court will consider several factors when deciding whether or not to award alimony and, if so, how much to award.
These factor include:
- Duration of the marriage and standard of living created during the marriage;
- The age, physical and emotional conditions of the parties;
- Financial resources of the parties;
- Contributions of each party to the marriage;
- Time needed to obtain the training to find employment; and
- The ability of the payor spouse to meet his/her needs and pay support.

Maintenance can be in several forms: A lump-sum (one large payment or several installments), periodic payments over a set amount of time, on a percentage of earnings, or “on any other basis”.
Periodic maintenance paid monthly is the most common plan and the one people often connect with alimony.
Support in Kansas gets assessed according to a set of guiding principles, regardless of income level. These guidelines, however, are not binding on the court.

The courts retains authority to change a court-ordered maintenance award after the entry of a divorce decree. However, there are some restrictions on the court’s power to change awards.
- There needs to be a material change in circumstances (one that is central and relevant)
- Also, no change that would increase the amount awarded or rush the duty for unpaid maintenance may be made without the consent of the liable party.
Courts can reduce awards without the liable party’s consent, but can’t increase it without consent.

In Kansas, spousal support cannot be awarded for longer than 121 months. However, the parties can agree to a longer term in a property settlement agreement if they chose.
Court-ordered maintenance ends when either spouse dies or when the recipient spouse remarries.

Maintenance can be paid directly to the KPC (Kansas Payment Center). The KPC is the payment processing center for all Kansas child support and maintenance payments.
Missing a payment can result in a judgment against the payor spouse for each missed payment.
The judgements can be enforced by:
- Garnishing of wages;
- Seizure of bank accounts, real estate, and other non-exempt property; and
- Possibly charging the payor spouse with contempt of court.