Can child support payments be modified after a Louisville divorce? One of the only things you can count on in life is “change,” and there are absolutely reasons for our Kentucky Family Court to consider post-decree modifications to Louisville or Kentucky child support orders.
Key Takeaways About the Question of ‘Can Child Support Payments Be Modified After a Louisville Divorce?’:
- Can child support payments be modified after a Louisville divorce? Yes, as long as there are valid, qualifying reasons and a change in the “status quo.”
- Often, there must be an agreement between the parties for the Court to review, or a substantial (at least 10%) change in the financial status of either or both parties.
- A change in the amount of parenting time allotted to each parent may be a valid reason to reconsider existing child support orders.
Before discussing the process for seeking a change in existing child support orders, it is important to note that child support is a court order, and failure to make ordered payments carries substantial consequences. Life happens. Substantial challenges arise, such as job loss or significant changes in global trade, which affect local economic conditions and existing income levels. What happens if there is a substantial change in the percentage of time each child spends with each parent after divorce orders have been issued? Can the amount of required child support payments be revisited after a divorce in Louisville if the person responsible for paying support, or the one receiving child support payments experiences a substantial raise or reduction in income, or a significant influx of money, such as an inheritance or lottery win?
Kentucky Family Law requires both parents of a child to provide the child with food, clothing, shelter, basic education, and health care. Child support is based upon Kentucky’s child support calculator, the financial status of each party at the time of the divorce, and the special needs of any child.
The answer to the question “Can child support payments be modified after a Louisville divorce?” is “Yes, but there have to be valid reasons for the request.” Either party may ask the Court to revisit existing child support orders. Our Family Court docket is quite busy, and our Judges do not have the time or desire to entertain every question about child support, or evaluate every situation in which one of the parents seeks a change to existing child support orders. The only ways to seek a change in the existing child support orders following a Louisville divorce are:
- The payor and recipient reach a mutual agreement on a proposed change in the amount of child support, and submit a new written child support agreement, and substantial documentation to support the requested change for the Court’s review. The agreement of the parties to make changes to existing support orders doesn’t mean they can immediately implement that change. Non-payment of existing child support orders can result in substantial legal and financial consequences downstream. People change, new disagreements arise, and without a court order, a former spouse can return years later to make a claim for “non-payment.” Therefore, it is in the best interests of the payor to continue with existing levels of child support until the Court issues new orders to modify or end child support.
- There has to be a significant change in the economic circumstances of either or both parties, or a substantial change in the division of child custody (a change in the “status quo”) for our Family Court to agree to hear a child support modification request.
The request to modify existing child support orders must include genuine, documented proof, that the “status quo” has changed, usually indicated by an increase or decrease of more than 10% in the income of either party, including job loss, change in the needs of the child(ren), or modification of existing custody and parenting time orders. Incarceration may also affect the ability to pay or need for child support, and the legal standard of ‘the best interest(s) of the child(ren)’ will always apply.
Can child support payments be modified after a Louisville divorce? Yes, there are specific circumstances that justify a change, and a process to seek Court ordered changes to existing child support orders.
Do you believe there has been a substantial economic or parenting change in your life or the life of a former spouse? We invite you to review the strong recommendations of our former clients and the legal industry and contact Dodd & Dodd or call 502-584-1108 to schedule an appointment with one of our attorneys.
