Woodson v. WoodsonAnnotate this Case
The parties were divorced in September 2005 by the circuit court which incorporated into the judgment a settlement agreement awarding maintenance to appellee. Appellant's motion to modify the maintenance award in July 2008 was denied by the trial court and appellate court pursuant to Dame v. Dame. At issue was whether the twenty-year-old Dame case should be overruled where the Dame court stated that it had no jurisdiction to modify an agreement fixing a set amount of maintenance to be paid either in a lump sum or in a specific amount over a definite period of time. The court overruled Dame and held that a maintenance award in a fixed amount to be paid over a definite period of time was subject to modification under KRS 403.250(1). Accordingly, the court reversed the denial of appellant's motion to modify the maintenance award and remanded to the circuit court for further proceedings.