Messer v. Messer

I concur in the majority opinion’s holding, but write separately because I believe that, instead of merely distinguishing “the elephant in the room,” Dame v. Dame,1 this Court should take this opportunity to overrule it.

In Dame, this Court held that although open-end maintenance awards may be modified under KRS 403.250 on the basis of a change in circumstances, lump-sum maintenance awards are not subject to modification. A lump-sum award is a fixed and determinable amount and payable either in one lump-sum payment or in installments.2 In the present case, maintenance is payable in a…