Modifying a Child Support Arrangement
Changing a child support order can seem daunting, confusing, or both. It was a legal order that was decided upon in a court of law, so it may seem like it doesn’t need to be revisited again. But child support is meant to be examined over the years. Circumstances change and the courts are well aware of that.
In Kentucky, you can request a review and modification of child support if there is a material change or the current amount no longer falls within the original recommendation of the Child Support Guidelines (CSG). If you feel that you would be eligible for modification, keep reading.
Child Support Modification
The request to review and modify child support goes through the Kentucky Cabinet for Health and Family Services. The Cabinet represents the best interest of the child and not of either party. While it is possible to file a motion for modification without a lawyer, if you want your interests represented it might be better to have one, especially if there will be pushback from the other party.
As we mentioned previously, the need for a review could be material changes in the current amount obligation or it could be changed if it has been a few years and the current payment amount no longer fits the CSG. A material change could mean several things. It could be when:
- A parent loses a job
- A parent gets a significant pay raise
- There is a change in custody
- The child becomes disabled or needs additional medical care
The CSG is essentially a mathematical equation that takes into account the monthly gross income of each parent and the monthly costs of the children. As cost of living and pay rates change, the original CSG amount is subject to change as well. The filing process to get a review of the CSG is the same as the material change process.
Steps on Receiving Back Child Support
In 2018 the United States Census Bureau issued a report on the statistics of child support. One of its findings was that only about 44% of custodial parents receive the full amount of child support. This statistic hits too close to home for far too many people. It is the duty of the noncustodial parent to pay child support to help provide for their child financially. If this is a problem that you are having, there are steps that can be taken.
Luckily, Kentucky is a state that readily pursues employed parents who fall behind. A few of the ways that the Child Support Enforcement Office can remedy the back payment is:
- Court action resulting in jail time
- Passport denial
- Interception of tax refund
- Any driver’s, professional/occupational or hunting/fishing license revocation/denial
- Levying bank accounts
- Withholding unemployment benefits
Having a lawyer to help you through this process is always a good idea. Often times those possible remedies will not happen automatically. You will need somebody who knows the process to fight for you and your child.
Contact Us Today
At the Law Offices of John Schmidt & Associates, we know of the frustration and high emotions that come with most child support proceedings. With immense experience in family law, we know when to negotiate and when to go to court. If you have an amicable situation, we will be there to guide you and do what you and your child's other parent decided on. If your situation is hostile, we will fight for and support you and your family.
Located in Shepherdsville, Kentucky, our law firm has been exceptionally serving clients since our inception. We are here for those in Bullitt, Hardin, and Jefferson Counties.