It is hard to think of an agreement to prepare for everything bad that can happen in the future, however, if you read your proposed settlement agreement in light of the fact that you and your spouses economic situation could change at any time in the future, you will most likely have an agreement that allows for modification and altering the agreement in order to keep you and your spouse out of court and potential costly litigation.  One thing to always keep in mind is that Kansas child support is always modifiable, the settlement agreement does not have to provide for modification agreements.   The main issue that is litigated today with respect to settlement agreements is maintenance.

Suggestions for Maintenance Terms in your Kansas Settlement Agreement:

1. allow for modification based upon a change in circumstances
2. define change in circumstances (EX: 10% reduction in income; involuntary unemployment or demotion; injury, disability or a health issue that impairs the ability to maintain the current income
3. state if maintenance should be calculated based upon guidelines or some other measure
4. put an escalator clause in your agreement
5. termination – death, remarriage, cohabitation or after last payment is made
6. define cohabitation – you may want to provide for homosexual relationships, put your own definition on cohabitation, or use Kansas law’s definition to cohabitation
7. allow for parties to modify the agreement so long as the modification is in writing, signed by both parties, notarized and filed with the court
8. require modifications to be submitted to mediation prior to requesting court action