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.
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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