Child support is one of the issues in a divorce or custody case, that can be modified anytime there is a material change in circumstances that is substantial and continuing. Kentucky Statute sets forth the method and basis for modifying an order of child support. It is rebuttably presumed that the change is material if application of the change to the child support guidelines would result in a fifteen percent (15%) change in the amount of child support that is owed. If the change is less than 15% it is rebuttably presumed that the change is not material. That does not necessarily mean you could not get a modification, but it does mean it will take more work to convince the court that a change is warranted.
There are many reasons to request a child support modification. Child support may be reviewed for a number of reasons such as:
This list is not exhaustive by any means, but it does cover the most common reasons child support is modified. It is important to note that if you believe a child support modification is warranted, there should be no delay in filing a motion for modification because the statute makes it clear that any change would only be retroactive to the date the motion is actually filed. If you have more questions about child support and whether it can be modified in your situation, contact us at the Alford Law Office.
- Because one or both parties have a new job
- One or both parties lost their job through no fault of their own
- One of the children has aged out of the system or has died
- A child has additional or extraordinary needs as in the case of a child with a severe medical condition
- There has been a modification of the timesharing or custody order
- One of the parents has received a windfall or large sum of money (e.g. lottery winnings, capital gains, etc.)
- The child is receiving a regular or substantial income such as social security disability benefits or payments from a trust
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