This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
Kentucky Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support
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Multi-State
Control #:
US-00800BG
Format:
Word;
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How to fill out Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?
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FAQ
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.
If a noncustodial parent owes past-due child support in an amount exceeding $2500, Child Support Enforcement reports this information to the U.S State Department.
In Kentucky, the child support calculations are based on the income of both parties and take into consideration if the receiving part has sole or joint physical custody. A percentage of the parents' joint income is used in the child support formula.
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.
Kentucky figures child support amounts based on your income, including numbers such as gross monthly income and health care premiums for the children. Calculate your accurate overnights, and show this information to the court. A Kentucky family court may deviate from the guidelines for your specific circumstance.
It is possible that even though you share custody one parent may still have to pay child support. Child support is intended to make both households as equal as possible. So even if it is joint custody, if one parent makes significantly more income than the other, they may have to pay child support.
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.