When a judge assigns child support in any case, he or she understands circumstances may change in the future. The law also recognizes this and therefore provides the ability for both parties in a case to ask for modifications.
As your child gets older or develops different needs, the child support needs may change. There is also the possibility of a change in your financial situation. The Kentucky Child Support Interactive explains you have the ability to request a child support modification under certain circumstances.
Circumstances for a request
Most of the time, the request for a change is due to financial reasons. If you pay support, you may want to modify your support obligation if your income changes. If you receive support, you may request a change due to an increase in expenses for the care of your child, such as an increase in child care costs.
In any situation involving finances, you will need to ensure there is at least a 15% chance to request a modification. The court will not modify your support award if the change is not at that point.
The loss of a job or incarceration will not remove a support obligation. It may allow for you to get a modification, though. It does depend on the circumstances in your case.
Application process
To request a modification, you will need to submit your request in writing. You should include evidence to back up the reason you feel the court should change your child support obligation. You may want to include pay stubs or other documents showing an increase in expenses or a change in income.
There is no guarantee the court will rule in your favor when you make a request. The court will assess the case and could issue a change that increases or decreases the support regardless of the request you made.