Court may not modify nor terminate maintenance where the underlying agreement makes it non-modifiable – Ky Court of Appeals

JABURG V. JABURG   Husband and wife divorced in 2004. Husband paid maintenance pursuant to a non-modifiable award set forth in a Marital Settlement Agreement. Ten years later, Husband moved to terminate his obligation due to a change in employment. The family court entered an Order terminating maintenance pursuant to KRS 403.250(1) stating it gave the family court “authority to modify a settlement agreement that had become unconscionable, even if it contained a non-modification clause.”  

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