I pay spousal support but now she’s incarcerated, can I dispute to have this dropped?

UPDATED: Oct 1, 2022

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I pay spousal support but now she’s incarcerated, can I dispute to have this dropped?

I pay spousal support and have 13 more months to pay. However, my ex has recently been incarcerated. What is the possibility to have the spousal support modified and/or dropped?

Asked on January 4, 2018 under Family Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Spousal support is generally not affected by the spouse's employment or living situation (except that sometimes it is set up to reduce or be eliminated if the spouse remarries), and similarly is generally not affected by incarceration. The support generally continues if the spouse is earning more or earning less, is living in a cheap location or expensive one, if able to work or is not able to work. While there is no harm in petitioning the court for a reduction or early termination, in my experience, this is not a factor that will result in a favorable modification.

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