Modifications to Divorce Orders

Do You Need a Bowling Green Family Lawyer?

When you go through a divorce, there are certain terms that are listed in the divorce order that you and your spouse must both agree on. This agreement is a legal document that stipulates what a couple must do after their divorce, including paying a certain amount of child support or spousal support, or the terms of child custody.

The court does understand that the conditions in your life can change suddenly or over time. There are a number of different circumstances that may allow you to modify your divorce order, such as the loss of a job, a major change in income, a serious change in a relationship, or an opportunity to move to another state and relocate for work or personal reasons.

Modification of a court order may be necessary for:

• Visitation rights,
• Child custody,
• Child support, or
• Spousal support.

While changes in your financial and childcare needs after a divorce are inevitable, there is plenty you must prove to the court before it will modify your divorce orders. Below is a review of the standards you must meet to make changes. Bowling Green divorce modification lawyer Pamela C. Bratcher has more than 38 years of experience, so she has seen what changes family law cases can involve and knows how to obtain the legal relief her clients deserve. 

Changing Custody Orders

 The Two-Year Rule — and When Exceptions Apply

Under KRS 403.340, a parent generally cannot file a motion to modify a custody order within the first two years of that order being entered. This rule exists to protect children from being pulled back into court repeatedly while they are trying to adjust to a new routine. After two years have passed, either parent can petition for a modification by showing that circumstances have changed materially and that a change in custody would serve the child’s best interests.

There are two narrow exceptions that allow a parent to seek modification before the two-year mark:

• The child’s current living environment poses a serious risk to their physical, mental, moral, or emotional health
• The parent who has custody has placed the child with a de facto custodian (a third party who has been the child’s primary caregiver)

In either exception, the requesting parent must first file sworn affidavits written statements made under oath that give the court reason to believe the exception applies. The court then decides whether to permit the motion to proceed. If you believe your situation may qualify for an early modification, speaking with a Bowling Green family attorney before taking any action is an important first step.

If you need to adjust the terms of your child custody order, you have to convince the court that the adjustment is in the best interests of your child. To make this determination, the court typically looks at the following: 

• Your child’s wishes;
• The interrelationship and interaction of your child and their parents, siblings, or other significant person in their life;
• Whether the party who has custody agrees to the modification;
• Whether your child’s present environment seriously endangers their health;
• Your child’s proximity and adjustment to their school, home, and community;
• The wishes of the parents and any de facto custody;
• Whether there are findings of domestic abuse in your child’s environment; 
• Whether each party would allow continuing, frequent, and meaningful contact between your child and the other parent or a de facto custodian; 
• Whether your child is with a de facto custodian;
• The circumstances and motivation behind leaving your child with a de facto custodian;
• The extent of care, support, and nurturing a de facto custodian has provided to your child;
• The health of everyone involved;
• The motivations of the parties who are participating in the proceeding; 
• The likelihood of harm to your child if there is a change, and whether the harm outweighs the advantages of the change; and
• Whether your child has been integrated into the filing party’s family with the custodian’s consent. 

You may need to seek the opinions of professionals and present medical and school records to the court to state your case. We can help you collect the best and most persuasive evidence to win a favorable modification of your divorce decree regarding custody matters.

 Modifying Visitation and Parenting Time – A Different Standard

It is important to understand that modifying parenting time or visitation is treated differently under Kentucky law than modifying custody itself. Visitation modifications are governed by KRS 403.320, which applies a more flexible standard — the two-year waiting period that applies to custody changes does not apply to parenting time adjustments.

A court can modify a parenting time schedule at any point when a change is in the child’s best interests. However, a court can only deny or seriously restrict visitation entirely if the current visitation arrangement would seriously endanger the child’s physical, mental, moral, or emotional health — a high bar that protects the non-custodial parent’s access to the child.

For many families, what they actually need is not a full custody modification but a parenting time adjustment — changing the schedule, updating holiday arrangements, or addressing a situation where one parent is consistently not showing up. These adjustments are often quicker and less involved than a full modification proceeding. Our firm can help you identify the right path forward based on your specific situation.

Changing Child Support Orders

When there is a continuing, substantial, and material change in your circumstances or the other parent’s circumstances, you can seek a modification of child support orders. In many cases, a change in income, custody arrangements, or childcare needs could warrant divorce modifications for child support. 

A material change typically means calculating a parent’s potential child support obligation using the state’s child support guidelines which shows a 15% or greater change. But even if calculations show that potential child support obligations have changed by less than 15%, you may still be entitled to a modification, and our divorce modification lawyer can champion your rights. 

Changing Asset Distribution or Spousal Maintenance

No matter who you are, your financial situation can change rapidly. Fortunately, you can seek a modification to the support orders or terms of property distribution in your divorce decree. To change a property distribution order, you must prove that your situation justifies reopening the judgment. And when you want to modify a maintenance order, you must prove that there are changed circumstances that are so substantial and continuing that the maintenance terms of the original decree are unconscionable. 

Our Bowling Green divorce modifications attorney receives top ratings from her clients and has the skill and knowledge to ensure your divorce decree accurately reflects your needs at every stage of life. 

 Frequently Asked Questions About Modifications in Kentucky

Can I modify a custody order if the other parent agrees?

Yes. If both parents agree to a change, the process is significantly simpler. The agreed-upon modification is put in writing, submitted to the court, and the judge reviews it to confirm it serves the child’s best interests. Because the court still must approve any custody change — even an agreed one — having an attorney draft the modification agreement correctly the first time helps avoid delays or having the submission rejected.

My ex-spouse lost their job. Can I get child support modified right away?

A job loss can be grounds for a modification, but it depends on whether the change is likely to be substantial and continuing. A temporary layoff with a realistic prospect of re-employment is treated differently than a permanent reduction in earning capacity. Courts also look at whether the job loss was voluntary. If a paying parent quits a job or takes a lower-paying position without good cause, Kentucky courts generally will not automatically reduce the support obligation based on that voluntary income reduction.

Can the court modify what we agreed to in our divorce settlement?

It depends on what the settlement covers. Custody, child support, and spousal maintenance can all be modified by court order if the legal standard is met — even if they were originally set by agreement. Property division, however, is treated very differently. Under KRS 403.250, the division of property in a final divorce decree generally cannot be revisited unless the requesting party can prove grounds that would justify reopening the judgment entirely — a much more difficult standard. This is why the terms of any property settlement agreement deserve careful attention before the divorce is finalized.

How soon can I file for a modification after the original order?

For child support and spousal maintenance, there is no waiting period — you can file as soon as circumstances change substantially. For custody, the general rule is a two-year waiting period under KRS 403.340, with two narrow exceptions for child endangerment or de facto custodian situations. For parenting time adjustments (which are different from custody changes), there is no waiting period under KRS 403.320.

My ex remarried. Does their new spouse’s income affect child support?

Generally, no. Kentucky child support calculations are based on the biological parents’ incomes, not the income of a new spouse or partner. However, if remarriage significantly changes the overall financial circumstances in ways that affect the child’s needs or a parent’s ability to pay, those factors may be relevant to a modification analysis in some contexts. This is an area where the specific facts of a situation matter a great deal.

Protecting Your Rights & Best Interest

At the Law Office of Pamela C. Bratcher, we know that when life changes, it can affect your ability to stick to your agreement. When this happens, it is very important that you hire a Bowling Green family lawyer to represent you. You cannot simply violate the existing agreement, even if you believe that it is the right thing to do. It is necessary that you take the legal steps to make a change in your divorce agreement so that it shows your current circumstances.

Our firm has over 38 years of experience practicing in the field, and we can help you to get through the modification process smoothly. Throughout the time we have been in practice, we have earned a reputation in the community for our high standards, integrity, and dedication to individualized and compassionate legal representation.We truly care about each and every one of our clients and understand that this is more than just a case. Contact us now at (270) 783-8311. or online for a case consultation.