Will your circumstances warrant a modification?

Will your circumstances warrant a modification?

| Apr 1, 2020 | Divorce |

When your divorce was finalized, it was based on the circumstances at that time. The problem is that life rarely remains the same. Changes happen, and some of them may be serious enough that you need to request a modification of an existing Kentucky court order.

Just because your monthly financial obligations increase may not be enough to modify your court order. However, if you experience a substantial change in your circumstances, it may be. One of the most common reasons involves a job loss. Either party could have experienced the loss of a job, which may require the payment of more support or less support depending on whether it was the party receiving or paying that is now unemployed.

On the other hand, if one party receives a substantial increase in income, the other party may request a modification to either reduce or increase support. The reduction or increases based on these scenarios could be for spousal support, child support or both, depending on the circumstances. As children grow, their needs change as well. The custodial parent may need more financial help in order to provide for them, especially if the children’s medical needs change due to illness or injury. The custodial parent may want to relocate with the children, which would require a change in the parties’ custody order.

However, simply applying for a modification does not necessarily guarantee it will be granted. You will need to present compelling evidence of a significant change in your circumstances for the court to consider a modification. Moreover, you will need to convince the court that the modification serves the best interests of the parties, but particularly, the best interests of the children if any change affects them.