When Can You Request Child Support Modification?

While court orders are important and legally binding, they can be adapted when needed. Family courts in Kentucky understand that personal and financial situations can change over time, which may affect child support agreements. That is why processes exist to adjust child support. However, these modifications are not made lightly.

Recognizing the Necessity for Change

Child support agreements are designed to prioritize the child’s well-being and effectively meet their needs. However, as life evolves, circumstances affecting these agreements may also change, making it essential to revisit and revise them when necessary. Nonetheless, changing these agreements requires clearly demonstrating significant changes in the situation that justify the proposed adjustments.

Requesting Child Support Modifications in Kentucky

A parent may seek a modification of child support if a substantial change in circumstances affects their financial situation or the child’s needs. In Kentucky, the law stipulates that any change must result in at least a 15% adjustment to the child support calculation to qualify for modification. Some common reasons that may require a modification include the following:

Change in Employment Status or Income

If a parent loses their job or obtains a position with a lower salary through no fault of their own, they can petition to modify the child support agreement, seeking a decrease in the amount they are required to pay. This request may be considered if their financial circumstances significantly change. 

On the other hand, if one parent secures a more lucrative job or receives a promotion that substantially increases their income, the other parent may pursue an increase in child support payments. These adjustments aim to ensure that child support obligations remain fair and proportional to each parent’s financial capacity.

Changes in the Child’s Needs

As children age, their needs significantly change. This development can involve various elements, including shifting educational demands that require different learning settings or extracurricular options aligned with their evolving interests and skills. 

Their healthcare requirements may also shift, requiring more specialized medical care, routine check-ups, or mental health support as they progress through different developmental phases. Additionally, variations in the standard of living, influenced by factors such as family situations or economic conditions, can impact their access to resources and other opportunities.

Consequently, if these changes necessitate extra financial support, a modification may be needed to meet the child’s needs. 

Changes in Child Care Costs

In Kentucky, if childcare costs significantly change—whether they increase or decrease—a parent has the legal right to petition the court to modify the existing child support agreement. This process allows the court to re-evaluate the financial responsibilities based on the current expenses related to childcare, ensuring that the support arrangement remains fair and reflects the child’s needs. 

Child Reaches 18 Years Old, But Still in High School

State laws surrounding child support stipulate that if a child reaches the age of 18 but remains enrolled in high school, legal provisions allow for the modification of child support payments. Specifically, this means that even after reaching adulthood, if the child is still pursuing their high school education, either parent may petition the court to adjust the support amount. This adjustment recognizes the ongoing financial needs related to the child’s educational commitments until they graduate from high school or reach a specific age threshold, typically 19 in Kentucky. 

Reach Out Today To Discover How We Can Help You

Changing child support in Kentucky demands careful consideration and a solid understanding of state laws. For further details regarding child support modification or to discuss your options if your circumstances have changed, contact Hoffman Walker & Knauf to set up a consultation with an experienced Kentucky family law attorney.