Can I Modify My Child Support in KY?
Child support payments are meant to cover the expenses associated with raising a child after the parents get divorced. A non-custodial parent who is required to pay child support generally cannot shirk their responsibility for any reason. At the same time, a child support order is certainly not set in stone. It can be modified if and when needed depending on the circumstances.
Modifying Child Support in Kentucky
Kentucky Revised Statute 403.213 states that a child support order can be modified in case of a ‘material change in circumstances’. While the statue does not define the term ‘material change’, there are a number of circumstances under which the court might accept your request to modify a child support order.
If you are the non-custodial parent who is paying child support, you can request a modification of the order under the following circumstances.
If you are making less money now – compared to what you were making when the order was issued – as a result of changing jobs or due to a demotion, you can request a modification of the order. The reduction in your monthly income, however, should be substantial – at least 15% or more – in order to convince the court to reduce your child support payments.
If you have lost your job, you can request the court to suspend or reduce your child support payments until you find another job. However, you can only do so if you get terminated by your employer. If you voluntarily quit your job, the court might not consider your request for a modification.
Increase in Custodial Parent’s Income
If there is a substantial increase in the custodial parent’s income, you can request the court to reduce your child support payments, since the other parent is no longer dependent on your payments to provide for the child.
Change in Custody
If your child is living with you as a result of a change in the custody agreement, you can petition the court to modify the child support order. The custodial parent is entitled to receive child support payments precisely because they are tasked with the responsibility of raising the child. So, when the child starts living with the non-custodial parent, the custodial parent might no longer be eligible to receive child support payments.
If you are the custodial parent, you can request for a modification of the order under the following circumstances.
Increase in Non-Custodial Parent’s Income
If you are struggling to meet the expenses associated with raising your child, and if the non-custodial parent’s income has increased substantially as a result of getting a new job, starting a business, or due to any other reason, you can petition the court to increase the monthly child support payments.
Increased Cost of Raising the Child
If your child has developed a physical or mental disability and needs ongoing medical care as a result, for example, you can request for a modification of the child support order.
How to Modify Child Support in Kentucky?
If you and your ex-spouse are in agreement with each other regarding the modifications to be made in the child support order, you can simply sign an agreed order and get it approved by the court.
If, on the other hand, you disagree with each other with respect to the modifications to be made, you need an experienced attorney by your side to guide you through the process of modifying the child support order according to your needs.
It should be noted that the court might deny your request for a modification of the child support order under the following circumstances:
- If the reasons you cite for requesting a modification of the order do not meet the court’s definition of ‘material change in circumstances’.
- If the modification you seek is not in your child’s best interests.
- If the modification you seek could endanger the welfare of your child in any way.
The very concept of child support is centered on the welfare of the child. So, any decision that the court makes with respect to child support, visitation, and child custody will be based on one criterion alone – whether or not the decision is in the best interests of the child.
Child Support Modification Lawyers in Kentucky
If you are in need of an experienced attorney to guide you through the process of changing the child support order, the family law attorneys at John H. Ruby & Associates can help you. We can review the original child support order, prepare the evidence you need to present in court, and file a request with the court to modify the order.
Call our child support modification lawyers today at 502-895-2626 and schedule a free consultation to find out how we can help you.