In Kentucky, child support can be modified when there is a material change in circumstances, and a change of 15 percent or more under the guidelines is presumed material. At Wise & Associates in Louisville, child support modifications start with an upfront flat fee between $1,500 and $5,000.
When Can Child Support Be Modified in Kentucky?
A court can modify child support only when there is a material change in circumstances that is substantial and continuing (KRS 403.213). The guidelines give a clear test:
- If applying the current guidelines would change the support amount by 15 percent or more, the change is presumed to be material.
- If the change would be less than 15 percent, it is presumed not to be material, though the presumption can be rebutted.
What Are Common Reasons to Modify Support?
- A significant increase or decrease in either parent's income
- A change in the timesharing schedule
- A change in the cost of the child's health insurance or child care
- A child reaching the age when support ends
A parent who is voluntarily unemployed or underemployed may not get a reduction. The court can calculate support on that parent's potential income instead (KRS 403.212).
Is a Modification Retroactive?
No. A modification generally applies only to payments due after the motion to modify is filed (KRS 403.213). Every month that passes before filing is a month at the old amount, so file as soon as the change happens.
Can We Just Agree to a New Amount?
Parents can agree to a new amount, but the agreement must be approved and entered by the court. Under the Family Court Rules, once support is set, it continues in full force until the court modifies it or it ends by operation of law (FCRPP 9). An informal side agreement does not change what is legally owed.
What Do I Need to File in Jefferson Family Court?
Under FCRPP 9, a motion to modify child support must include:
- A child support guidelines worksheet with your portion completed
- Your last three pay stubs, or proof of current income if you are self-employed
- Your most recently filed federal and state income tax returns
- Verification of the cost of health insurance for the children only
- A notice of the hearing date, with the required statement telling the other parent what to file
The other parent must file the same information at least 24 hours before the hearing. In Jefferson County paternity cases, local rules allow a motion to modify support to be scheduled for a hearing or referred to an out-of-court conference with the Jefferson County Attorney's Child Support Division.
When Does Child Support End in Kentucky?
Support generally ends when the child turns 18. If the child is still a high school student at 18, support generally continues until the child graduates or turns 19, whichever comes first (KRS 403.213).
What If the Other Parent Is Behind on Support?
A modification does not erase past-due support. Unpaid support is collected through a separate enforcement process. How to collect back child support
How Wise & Associates Handles This
Frequently Asked Questions
How much does income have to change to modify child support in Kentucky?
A change that would move the support amount by 15 percent or more under the current guidelines is presumed to be a material change.
Is a child support modification retroactive in Kentucky?
No. A modification generally applies only to payments due after the motion to modify is filed.
Can parents agree to change child support without going to court?
Parents can agree, but the court must approve and enter the new order. Until then, the existing order stays in full force.
Can I lower my support if I quit my job?
Usually not. A court can calculate support on the potential income of a parent who is voluntarily unemployed or underemployed.
When does child support end in Kentucky?
Generally at 18, or if the child is still in high school, when the child graduates or turns 19, whichever comes first.
How much does a child support modification cost at Wise & Associates?
At Wise & Associates, modifications start with an upfront flat fee between $1,500 and $5,000, and contested hearings are priced before each begins.
Related Reading
- Louisville child support lawyer
- Pricing and staged flat fees
- How to collect back child support in Louisville
- How child support is calculated in Kentucky and Tennessee
Talk to a Louisville Child Support Lawyer
Consultations are free and by phone. Book a time, then call the office at your scheduled time.
Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation
Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.