Dissolution Statutes Annotated – Back To Main Dissolution Index
403.180 Separation agreement — Court may find unconscionable.
KRS 403.180 Separation agreement – Court may find unconscionable. Link to Current Annotated Statute
KRS 403.180 Separation agreement — Court may find unconscionable.
[U] Holman v. Holman, No. 2003-CA-001727-MR (Ky.App. 07/09/2004)
Pursuant to KRS 403.180(6), the terms in a settlement agreement related to maintenance are subject to modification unless the agreement expressly prohibits modification. Further, KRS 403.250(1) specifically states that "the provisions of any decree respecting maintenance may be modified only upon a showing of changed circumstances so substantial and continuing as to make the terms unconscionable."
the provisions of KRS 403.180(2) require a trial court to consider "the economic circumstances of the parties and any other relevant evidence produced by theparties" in determining whether a separation agreement is unconscionable. In light of this provision, Randall contends that the court was required to conduct an evidentiary hearing following his post-decree motions. […] The provisions of KRS 403.180 relate to a court’s initial assessment of a separation agreement. The sections that follow address the incorporation of an approved agreement into the decree of dissolution and the remedies available for enforcement of the terms of the agreement. Furthermore, KRS 403.180(6) provides that "the decree may expressly preclude or limit modification of terms if the separation agreement so provides." Thus, Randall was not entitled to an evidentiary hearing concerning his post-decree motions based on the provisions of KRS 403.180.
KRS 403.180(2) specifically provides that written agreements with respect to custody, support, and visitation of children are not binding upon the circuit court. Tilley v. Tilley, Ky. App., 947 S.W.2d 63, 65 (1997).