Divorce is a difficult process for anyone to go through, but it can be especially challenging for parents. After a divorce, parents must often work together to co-parent their children, sharing time, making decisions, and paying for their children’s expenses. Unfortunately, circumstances can change over time, requiring parents to modify the custody or support arrangements set forth in their divorce orders. Here’s what you need to know about modifying custody and support orders in a Kentucky divorce.
Kentucky Custody Modification Procedures
In Kentucky, child custody orders may be modified when a change in circumstances arises that significantly affects the child’s best interests. According to Kentucky law, a change in circumstances means that:
- The current custody arrangement is significantly harmful to the child; or
- The current custody arrangement no longer reflects the child’s best interests because of changes since the last order.
To modify a custody order, the parent seeking modification must file a motion with the court that issued the original custody order. The court will then schedule a hearing to determine whether the child’s best interests warrant modification of the order. In making this determination, the court will consider factors such as:
- The child’s relationship with each parent;
- Each parent’s ability to provide for the child’s needs;
- Each parent’s mental and physical health;
- Each parent’s preference, if the child is old enough to express such a preference; and
- Any other factors relevant to the child’s welfare.
If the court determines that a modification is necessary, it will issue a new custody order that reflects the child’s best interests.
Kentucky Support Modification Procedures
Child support orders may also be modified in Kentucky. To modify a child support order, either parent may file a motion with the court seeking a modification. The court will then determine whether there has been a substantial change in circumstances since the last child support order was issued.
A substantial change in circumstances may include:
- A significant increase or decrease in either parent’s income;
- The emancipation of the child;
- A change in the child’s custody arrangement;
- A change in the child’s health insurance or child care expenses;
- The introduction of new children into either parent’s household; or
- Any other change that significantly affects the child support calculation.
If the court determines that a substantial change in circumstances has occurred, it will recalculate the child support amount based on the Kentucky Child Support Guidelines. The new amount may be more or less than the original child support amount, depending on the parties’ respective incomes and expenses.
Options for Modifying Custody and Support Orders
In Kentucky, parents may seek a modification of custody or support orders either by agreement or through a court hearing. If the parties agree on the proposed modification, they may submit a written agreement to the court for approval. If the court approves the agreement, it will become a new court order.
If the parties do not agree on the proposed modification, the parent seeking modification must file a motion with the court and request a hearing. The other parent will then have an opportunity to respond to the motion and present evidence to support their position. After the hearing, the court will make a determination as to whether modification is necessary and, if so, what changes should be made.
Conclusion
Modifying custody or support orders can be an emotionally stressful process for parents. If you are considering seeking a modification, it is important to consult with an experienced Kentucky family law attorney who can guide you through the process and advocate for your rights and interests. With the right legal representation, you can take steps to ensure that your child’s best interests are protected and that your family’s needs are met.