While court orders are legally binding, this should not be confused with being set in stone. Kentucky’s family courts know that circumstances can change, especially regarding finances.
That’s why, in some circumstances, child support can be modified. Nonetheless, modifications are only granted when certain conditions are met. Here are some important factors to consider.
When can child support be modified?
A parent can request a modification if there is a material change in circumstances. Kentucky law requires the change to affect the child support calculation by at least 15%. Some of the most common reasons for modifications include:
- A job loss or substantial decrease in income
- A change in the child’s medical or educational needs
- A parent having another child to support
Changes in circumstances that do not justify a 15% change in the support calculation are typically deemed not significant enough to warrant a modification. It’s important to note that child support can be decreased or raised.
Child support may be reduced temporarily
Sometimes, the court may grant a temporary modification for short-term financial hardships, such as a medical emergency or job loss. However, payments do not change automatically. A parent must formally request the adjustment to avoid falling behind on support obligations.
To modify child support, a parent must file a motion with the family court that issued the original order. The court will review financial records and determine if a change is necessary. If both parents agree on the modification, the process may be quicker. If they disagree, a hearing may be required.
While a child support modification is possible, you must show a significant change in financial circumstances. Seeking legal guidance will help you prepare the most effective case.