Kentucky Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Decrease In Amount Of Child Support?
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FAQ
If you are behind in your child support and the Family Court finds that you failed to pay on purpose (called willfully), you could go to jail.
If the parent obligated to pay support has gone 6 months without paying, or is behind more than $1,000, the County Attorney may file flagrant nonsupport charges, which is a Class D Felony punishable from 1 to 5 years in prison and up to a $10,000 fine.
New Income Maximums The new changes to child support law increase the maximum combined monthly adjusted parental gross income utilized for calculating child support. Previously the chart stopped at $15,000 monthly, which is $180,000 per year. The new chart goes up to $30,000 monthly, or $360,000 per year.
There are many enforcement remedies that can be used to enforce and collect a child support obligation. The type of action chosen depends on the circumstances of the case. Some of the remedies that Child Support Enforcement can use to enforce a child support order are: Court action resulting in jail time.
Modifying a Child Support Order A parent can file a motion (written request) to modify child support any time after the order has been entered, as long as there has been a material change in circumstances. Kentucky generally recognizes a 15% increase or decrease in either parent's income as a material change.
Under Kentucky law, a person is guilty of criminal non-support when he persistently fails to provide support which he can reasonably provide and which he knows he has a duty to provide to his child or when he is delinquent in paying court-ordered child support for at least two months.
Once a motion to modify is filed, the judge sets a hearing date. The parent asking for the modification (change) has to show: that there has been a change in circumstances of the child or the other parent, and. that it is in the child's best interest that the prior order be changed.
Criminal Charges/Nonsupport In fact, once a party owes $2,000 or more they may be charged with felony nonsupport, resulting in prison sentences and a permanent felony record that will limit employment opportunities in the future.