How to Modify a Child Support Arrangement
According to statistics from the U.S. Census Bureau, approximately 23 percent of children in the United States under the age of 18 live with a single mother, while about 4 percent live with only their father. Sound child support arrangements are often in place to ensure that these kids are cared for sufficiently. However, a change in circumstance to either parent may prompt the need to review or modify an existing child support arrangement.
Our attorneys at the Law Offices of John Schmidt & Associates can answer all your questions pertaining to modifying child support arrangements. We can provide you with the comprehensive legal guidance and advocacy you need to navigate through the modification process and find an acceptable resolution. We proudly serve clients throughout Shepherdsville, Kentucky, and the surrounding areas of Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff.
Reasons to Modify a Child Support Arrangement
Child support payments aren’t set in stone. Under Kentucky laws, a child support arrangement can be modified if there is a “material change” to circumstances or the amount in the existing arrangement no longer falls within the original recommendation of the Kentucky Child Support Guidelines (CSG). Some reasons to modify a child support arrangement include:
- Change in the financial situation of the parent
- The parent has a new baby
- The parent remarries
- There is a change in custody
- A parent loses a job
- A parent relocates
- The child becomes disabled or needs additional medical or dental care
- The death of the obligated parent
- The child requires additional educational, job training, or other special needs
Kentucky Definition of “Material Change”
Under Kentucky laws, the Cabinet for Health and Family Services can modify the amount of child support due if either parent has experienced a material change in circumstances. A 15% increase or decrease in the income of the parent is generally recognized as a material change. However, if a child support modification action is filed within one year of entry of a child support order, the parent must show a change of at least 25% to either parent’s income.
Calculating Income for Child Support in Kentucky
In Kentucky, the court uses a guideline formula to establish child support if the parent who is assigned to pay support quits their job or takes a lesser paying position in order to minimize or avoid child support obligations. The court may try to determine the paying parent’s earning capacity using:
- The parent’s recent work history, including position, wages, or salary
- The parent’s job or occupational qualifications
- The parent’s work skills
- The parent’s training and education.
How Remarriage Affects Support
Remarriage is another factor that may prompt a child support modification action. Although remarriage alone doesn’t necessitate a change in the amount of support due per month. However, the court may consider the new spouse’s income in certain cases. Moreover, a new child may also affect support amounts. Each situation is unique and is evaluated on a case-by-case basis.
How Legal Counsel Can Help
Child support arrangements in Kentucky can be very complicated. If you believe that circumstances have changed since the original child support order and you think your child support payments should be modified, reach out to a knowledgeable Kentucky family law attorney immediately.
Our attorneys at the Law Offices of John Schmidt & Associates have dedicated their careers to handling family law, divorce, child custody, and child support-related matters. As experienced child support attorneys, we can help with every aspect of your child support arrangement process, including review, modification, or termination. Our team will negotiate with all parties involved to reach an acceptable resolution.
Experienced Child Support Attorney in Shepherdsville, Kentucky
If you are trying to modify an existing child support arrangement, call the Law Offices of John Schmidt & Associates to schedule a one-on-one case assessment. Our experienced attorneys will help you understand your child support modification options. We are proud to serve clients throughout Shepherdsville, Louisville, Elizabethtown, Jeffersontown, Mount Washington, and Radcliff, Kentucky.