In this article, you can discover:
- Why Kentucky enforces a two-year waiting period for custody modifications, except in harm-related situations.
- How to petition for modifications in custody or child support in Kentucky.
- The immediate effect of granted modifications on child support amounts, with a focus on retroactivity.
Is There A Waiting Period In Kentucky Before Going Back To Court To Request A Modification To A Custody Or Child Support Order?
In Kentucky, the concept of custody, as defined within family court statutes, refers to the authority to make decisions for a child. There exists a presumptive two-year waiting period before a custody situation can be revisited by the court.
Exceptions to this rule are permissible under circumstances where a child may be at risk of physical, emotional, or moral harm. In such cases, earlier review can be sought, particularly if the custodian fails to adequately protect the child or if there is a suspected abandonment or de facto custody transfer. However, this requires at least two separate affidavits affirming the presence of such conditions. After two years, modifications can be requested by merely affirming a change in circumstances that affect the child’s best interests.
What Is The Process To Petition For Modification To Custody Or Child Support In Kentucky?
The procedure to petition for custody or child support modifications in Kentucky involves filing a motion in the appropriate court, usually the one where the initial order was issued. Custody or visitation modifications require verification or an affidavit from the petitioner attesting to the necessity of the change.
For child support modifications, proof of financial changes should be attached, including a completed child support worksheet reflecting the new financial situation. Although legal representation is not mandatory, the specific procedural requirements suggest that consulting an attorney would be beneficial for a successful petition.
How Long Will It Take For The Child Support Amount To Change If I’m Granted A Modification?
Upon being granted a modification, changes to child support amounts are typically immediate and potentially retroactive to the filing date of the motion. In Kentucky, modifications reflect changes from the filing date forward, not from when the change in circumstances occurred. This underscores the importance of timely filing for modifications to avoid financial discrepancies.
Is There Any Way My Child Support Amount Could Go Up If I Request A Modification To Decrease?
Yes, in Kentucky, child support amounts can increase upon request for a decrease, particularly if there are special circumstances surrounding the initial obligation setting. Courts review all changes, including the child’s needs and the petitioner’s financial situation. Deviations from standard child support guidelines are possible if both parties had previously agreed on a different amount. Seeking legal counsel for a realistic assessment of potential outcomes is advisable before petitioning for modifications.
My Child’s Other Parent Has Requested A Modification To Our Child’s Support Order. Is There Anything I Can Do To Stop The Petition Or Appeal The Decision If The Court Grants A Modification?
To challenge a modification petition, the primary approach involves ensuring the accuracy of the financial change claimed and whether it meets the statutory 15% change threshold. If the proposed modification does not meet this criterion, presenting a well-supported response could prevent the petition’s success.
If the modification is granted and seems unjust, the decision can be appealed to a higher court. The appellate process allows for a review, with the possibility of escalating the matter to the Supreme Court, though this is subject to the court’s discretion.
For more information on Modification To Family Court Orders, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (270) 679-0777 today.
