Child support orders are based on the financial and parenting circumstances at the time the court enters them. But life rarely stays the same. Over time, changes in income, expenses, or parenting time may mean that the original child support amount is no longer fair or appropriate. It also may be appropriate to request a change in child support if one child has emancipated.
In Kentucky, you can move the court to modify a child support order, but there are specific legal standards that must be met. Under KRS 403.213, a child support order can only be modified if there is a material change in circumstances that is both substantial and continuing. This could be a job loss, a significant increase or decrease in income, a big change in health insurance costs, or a shift in how much time each parent spends with the children, for example.
As with the original order, the court will still use the guidelines set out in KRS 403.212 to calculate the new support amount. This means both parents will likely need to submit updated financial documents including paystubs and tax returns. The court may also consider any changes in custody, parenting schedules, or expenses related to the children.
It is important to know that child support does not automatically adjust when life circumstances change. A parent must formally ask the court for a modification. Until the court approves a new order, the current amount remains in effect and legally enforceable. That includes any arrears or unpaid support that may have built up during the time of change although the court may make the new amount retroactive to the date the motion to modify was filed.
If you believe a change is necessary, an experienced family law attorney can help you evaluate whether you meet the legal threshold and guide you through the process of requesting a modification. Getting it right matters for your child’s financial future.