Can you change child support payments after a divorce is finalized in Louisville? What types of changes would justify a successful modification request?
A request to modify child support should be viewed first under the overall purpose of child support here in Kentucky. Here in the Commonwealth, each parent is responsible for providing their fair share of food, clothing, shelter, healthcare, child care or after-school care (when necessary), education, and all other expenses associated with the best interests of each child.
The specific amount of child support here in Kentucky begins with a guideline calculation based on our State’s child support calculation program. Once the amount of guideline support has been established based upon any changes in the income(s) of either parent or the specific circumstances surrounding each child, you can change child support payments after a divorce based on an agreement between the payor and the recipient, the orders of our Family Court, or both.
The need for child support is usually established by a significant difference in the income of each parent, as well as other factors such as the specific needs of each child as well as the percentage of parenting time associated with that child. If the amount of parenting time and the incomes of each parent are roughly equal, there is often no basis for child support. In many cases, a parent who spends less time with a child than the other co-parent will be required to pay additional child support compared to a more equal division of child custody and parenting time.
If the parties agree on a change in existing child support orders, our attorneys can draft a new agreement and present it to the Court for approval and implementation. One should never change the amount paid for child support without supporting orders from the Court. Any deviation from court-ordered child support can result in collections or legal action, even if it is years down the road. This is why it is important to work with the experienced child custody and support family law attorneys at Dodd & Dodd. We can help with each step in the process to ensure any changes are legally endorsed by the Court and that changes are recorded as appropriate by the responsible agencies.
If the parents are not in agreement on a change in existing child support orders, we can petition the Court to hear the matter. The Court will want to see a measurable difference in the “Status Quo” before approving a hearing on the modification request. Status quo involves any issue relating to the child’s needs, division of child custody and parenting time, or changes in the income of either or both parents (up or down). A change in the Status Quo often forms the basis for a need to change child support payments after a divorce in Louisville.
The most obvious change in Status Quo and child support modifications is a change in a child’s needs or best interests. It might also include the fact that either parent has lost a job, or one of the parties has gotten a new position or received a significant increase or decrease in the amount they are paid. Other qualifying changes to the Status Quo can include modification of the ratio of parenting time, incarceration, the impact of taxation, a bonus, or the remarriage of the recipient of child support.
Establishing a change in the Status Quo is the responsibility of the party who requests a modification of existing child support orders. This often needs to result in a substantial proposed change in the amount of child support to be paid (changing the existing amount paid by more than 20% either way).
If you have questions about what makes child support modifications possible in Louisville 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.
