Post-Divorce Modifications: Changing Custody, Support, and Alimony Orders in Kentucky
After a separation or divorce, it can feel like a huge relief knowing that you can move forward with your life after dealing with courtroom battles, contentious issues, and other aspects of divorce. However, depending on the circumstances, these legal issues may not always be final. For example, you may need to request a modification to a divorce decree, but it is important to note that a court may not always grant the modification.
To better help you understand post-divorce modifications in Kentucky, in the below guide, we will review these modifications in more detail, specifically what they are, the factors that need to be established to obtain this modification, and the legal options you have in these circumstances,
Fighting a Divorce Order in Kentucky
After a divorce is finalized in Kentucky, either spouse may challenge the decisions by the court. This can be done by appealing the court’s decision or filing a divorce decree modification.
What is a Motion To Modify a Divorce Decree?
Modifying a divorce decree is far less expensive than pursuing an appeal and often more successful. When an individual wants to modify a divorce decree, it is because they want to change some aspects of the divorce, such as child support, child custody, spousal support payments, and visitation schedules.
Requesting this change will usually start with a “motion to modify.” A party will need to file this motion with the court that issued the divorce decree. In the motion, the party will need to show that circumstances have changed that warrant a change to the divorce decree, such as a job loss.
However, it should be noted that modifying any of these aspects can be challenging. It is not uncommon for courts to be reluctant to want to make certain changes, such as to custody, after approving the custody agreement. Yet, they will make these changes if they believe modification is necessary.
Can You Get a Post-Divorce Modification in Kentucky?
For a parent to request a change in child support, custody agreements, or a spousal maintenance order in Kentucky, they will need to prove a substantial change has occurred. These changes can include the following situations:
- The parent lost their job
- The parent suffered a significant loss of income
- The parent experienced a considerable increase in income
- The parent wishes to relocate a significant distance away from the child
- The child’s needs have changed substantially
- The child’s wellbeing is at risk
- The cost of living has increased significantly
Depending on the circumstances, other changes may also require a post-divorce modification. However, to know whether your specific situation may result in a modification, consider reviewing your legal options with an experienced Kentucky family law attorney.
In times of family crisis, it is crucial to have a legal professional who will carefully listen to your situation, understand your goals, and develop a plan to help you achieve results. The family law lawyers at Hoffman Walker & Knauf possess the necessary life experience to provide this strategic advice, offer support during emotional upheaval, and steer you towards a resolution, whether through agreement or court proceedings.
That is why if you need additional information about post-divorce modifications or want to start the process of changing custody, support, or alimony orders, contact Hoffman Walker & Knauf today. Our experienced and dedicated family law attorneys will review your questions and situation in detail and help you devise a plan that works for you and your family.
