Here’s an outline I presented at two consecutive LBA/AAML seminars:
Here’s an outline I presented at two consecutive LBA/AAML seminars:
Download Redlined.Modification.handiout.outline.doc The red-lined changes were for the second seminar. After dozens (hundreds?) of hours and 26 pages, I had the law figured out. On my copy I later marked at the top that it needed to be revised to account for two new cases. Now there are more, including a new Court of Appeals decision last week, Block v. Block. We will digest and post that “to be published” decision soon. With this case, Massey v. Massey (motion for discretionary review pending). and Rayborn v. Rayborn, about which we posted here the architecture of my outline is obsolete. If a client wants to know if maintenance can be modified, you will have to update the research and perhaps it is time for the Kentucky Supreme Court to take a look at this recurring issue and put some predictability to it. It is not only tough for our trial courts to know what standards apply, but those of us in the trenches drafting these agreements are hard pressed to know what the law will be at the time of enforcement.
