Each parent, unless otherwise ordered, has a responsibility to emotionally and financially support their child. Even when a support order is issued, the amount of the award can change over time as needs and financial statuses shift.
Either parent can file a motion to modify a child support payment any time after the order is official. The state of Kentucky generally grants a modification if one can prove that either party:
- experienced at least a 15% increase or decrease in income;
- has become responsible for a new child;
- lost their main source of income;
- has become incarcerated;
- has become disabled; and/or
- has remarried.
If either party files a modification action within 1 year of the initial order, they must show a 25% change in income or more.
The needs of the child can also impact a child support modification. For example, if the child has become injured or ill after the child support award has been granted, the parent seeking modification can ask for additional funds to help pay the new medical expenses.
What If My Ex Is Withholding Child Support?
A 2018 study by the United States Census Bureau found that only 44% of custodial parents receive the full amount of child support each month. If the reasoning behind a modification is to get the entire award, the custodial parent has legal options.
The Kentucky Child Support Enforcement Office (CSEO), and an attorney, can help the custodial parent receive what’s owed. The CSEO can:
- initiate a court action that could result in jail time for the delinquent party;
- deny a passport applicant or renewal;
- intercept a tax refund;
- place a lien on the delinquent party’s finances;
- revoke or deny any license applications;
- levy bank accounts; and/or
- withhold unemployment benefits.
Helping You by Protecting Your Family’s Best Interests
At Law Office of Pamela C. Bratcher, our modifications attorney is here to help. Whether you are the parent seeking a child support modification or you are looking to fight an unjustly requested modification, we have your back. Our attorney has over 30 years of legal experience to use towards your case and our team will use our ample resources to fight for your best interests.
Call our firm today at (270) 977-8910 or contact us online for a free consultation.