https://scholar.google.com/scholar_c...en&as_sdt=4,18KRS 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."
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.
Not everything given from one spouse to another is support. The husband is not living with the wife and not sharing expenses of her household. The husband also apparently has no court ordered support, so what is the basis for any support obligation here? If there is no enforceable support obligation then the payments being made are gratuitous — i.e. gifts.
Yes, there have been cases where gifts from a parent (if regular and consistent) have been treated as income for child support purposes. But marital income being used to pay a spouse's expenses is never a gift.
Can you cite me a Kentucky case that says exactly that? If you are simply going by the fact that you have never seen it then I say that's not enough to hang your hat on. Absent a case that says that, if I were representing him I'd be willing to make the argument that because she and her husband are evidently SEPARATED that she is getting gifts. If they weren't separated it'd be a harder argument to make.