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How do I get a modification of child support in Kentucky?

6/3/2015

 
18.  Welcome back!  We all like change, right?  How do I get a modification of child support in Kentucky?

            KRS 403.213 deals with the modification of a child support order. There are two important considerations here.  First, the statute provides that a child support order may be modified only as to installments accruing after the filing of a motion for modification.  This is not negotiable.  The judge won’t modify back to the time you start talking about modification, or whenever the circumstances may have changed.  No motion, no modification.

            Second, the child support order will not be subject to modification unless there is a showing (by evidence) of a material change in circumstances that is substantial and continuing.

            Since we are dealing in dollars, the statute tells us that a change of 15 % or more in the amount calculated under the child support guidelines constitutes a rebuttable presumption of a material change in circumstances.  So, do the calculations.  If there is a 15 % change in child support, you can probably count on a modification.

            Now, let’s go back once again to the worksheet.  The 15 % change applies to the child support only - the amount calculated on Line 7 above the red line, not the bottom line which may also include an allocation of health insurance and childcare expense.  The allocation of childcare expenses and health insurance can (and should) be modified as the parties' gross income changes, without a 15 % requirement. 

            If you have a 15 % change in child support only, you qualify for a modification, and you should go back to FCRPP 9.  The same procedures apply.

            Now you see when and how child support can be modified, and in the next Lesson you will learn about when child support is terminated. 


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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