When your financial circumstances change, it can be difficult to manage your financial obligations. Whether you are paying child support or you are the custodial parent receiving support payments, drastic changes to your income and needs can lead to financial duress. Fortunately, it is sometimes possible to alter your child support order.
Modifications to a support order are not always easy to obtain in Kentucky, but if you have a valid reason, you may be able to secure a necessary increase or decrease in the amount. Child support can be a potentially complex issue, and with all family law matters, it is beneficial to have qualified support and guidance as you address these issues.
How can I prove I need a change?
You cannot simply request and receive a modification just because you want more money or you wish to decrease your amount. Courts look carefully at the financial circumstances of both parents and the needs of the children in order to determine if a modification is reasonable and necessary. Some appropriate reasons for a modification include:
- A child diagnosed with a new medical condition that will require treatment and care
- Either the supporting parent or the custodial parent losing his or her job
- The remarriage of one of the parents
- A medical emergency suffered by one of the parents
- Years have passed and the needs of the children are different now than they were at the time of divorce
Even if two parents agree that a change is necessary and beneficial, a verbal agreement is neither binding or enforceable. If the parents agree that a modification is appropriate, it is smart to walk through the legal steps to do this.
Changes in your financial circumstances are not always permanent. In some cases, it may be best to seek a temporary modification to child support payments. Every situation is different, and it is smart to seek an explanation of your legal options before you move forward with a request for a modification.
Your financial security is on the line
Seeking a modification to your support order has no bearing on your rights to custody and visitation with your child. If you need to decrease your payments because you can no longer manage your obligations, or you require additional support because your child has new needs, you have the right to explore this option.
You might find it helpful to seek a complete evaluation of your case as you are deciding whether you should move forward with the process of seeking a modification.