A Karon waiver is a term used in Minnesota family law based on the legal precedent set in the case Karon v. Karon, 435 N.W.2d 501 (Minn. 1989).

With a “Karon waiver,” the parties stipulate that there will be no future modification of spousal maintenance at the time the award is made. It is a waiver of the statutory right to modification of maintenance or support.

Properly-Worded Karon Waivers

Sometimes a person requesting a Karon waiver agrees to pay additional monies to secure the waiver. Some spousal maintenance obligors are willing to pay a premium for a waiver, since they know that a properly worded Karon waiver is not modifiable thus their maintenance obligation cannot increase in the future.

Just as a properly-worded Karon waiver divests the court of jurisdiction to increase a maintenance award, it divests the court of jurisdiction to decrease or terminate an award except as stated in the agreement. Thus, if an obligor’s income unexpectedly decreases, the court will not be able to reduce the amount of the maintenance award. This can lead to judgments being sought by the obligee for the unpaid amount or contempt proceedings. Finally, it is important to consult with an attorney regarding the specific findings and language necessary to make a Karon waiver effective.

Minneapolis

Our Family Law Attorneys

The family law attorneys at Heimerl & Lammers have strong roots in the Minneapolis / St. Paul community and are dedicated to helping you with all of your family law needs.

Meet our family law attorneys:

Attorney Bria S Walling

Bria S. Walling

Attorney

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Kyle Prouty

Attorney

Angela Streit, Attorney

Angela Streit

Attorney

 

All of our attorneys are familiar with resources and programs available to families in the Twin Cities. The majority of their time is spent handling cases in all areas of family law, from divorce, to custody, to wills and trusts.