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  1. #11
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: A Question of Case Law, There Must Be Some Somewhere

    Quote Quoting llworking
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    I am sorry TM but they are still married, so its a husband supporting his wife. If it was her parents giving her money like that it would be a different story. Then it really would be gifts, but a husband supporting his wife is not giving her gifts. None of the case law has anything to do with a spouse supporting someone either.
    You miss the point. I will leave TM to argue his own point. But in Kentucky when an Ex spouse remarries and her support by a new husband changes her financial circumstances by 15%, it is grounds for reconsideration.

    KRS 403.250 provides in relevant part as follows:

    (1) . . . (T)he provisions of any decree respecting maintenance or support may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable . . .

    In Wilhoit v. Wilhoit, Ky., 506 S.W.2d 511 (1974), we defined "unconscionable" as used in KRS 403.250(1) to mean "manifestly unfair or inequitable."
    https://scholar.google.com/scholar_c...en&as_sdt=4,18

    There are 4,249 cases left to read.

    And you are incorrect in saying that the new husband's support is not a change in circumstances.

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