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.
Title: Understanding the Kentucky Motion to Modify or Amend Divorce Decree to Provide for an Increase in Child Support Amount Introduction: The Kentucky motion to modify or amend a divorce decree is a legal process that allows parents to request an increase in the amount of child support payments. This article aims to provide a detailed description of this process, including the different types of motions that can be filed in Kentucky court. Keywords: Kentucky, motion to modify or amend divorce decree, increase in child support amount, legal process, parents, child support payments. 1. Overview of the Kentucky Motion to Modify or Amend Divorce Decree: The Kentucky Motion to Modify or Amend Divorce Decree is a legal avenue for parents to request an adjustment to the child support amount outlined in their divorce decree. This motion can be filed when a significant change in circumstances can be demonstrated that warrants an increase in child support payments. 2. Filing a Motion to Modify or Amend Divorce Decree: To initiate the process, the parent seeking an increase in child support must file a Motion to Modify or Amend Divorce Decree with the Kentucky court that issued the original decree. This motion must provide clear justification for the requested increase and outline any changed circumstances. 3. Grounds for Filing a Motion: Various reasons can serve as grounds for filing a Motion to Modify or Amend Divorce Decree, including but not limited to: — Significant increase in the noncustodial parent's income — Increase in the child's needs (education, medical expenses, etc.) — Substantial changes in the cost of living — Any change or addition to the child's custodial arrangement 4. Types of Kentucky Motions to Modify or Amend Divorce Decree: While the specific motion depends on the nature of the case, there can be several types of motions to modify child support in Kentucky, including: — Motion for Increase in Child Support: This motion aims to seek an increase in child support payments due to significant changes in financial circumstances or increased needs of the child. — Emergency Motion for Increase in Child Support: This type of motion is filed when there is an urgent need for immediate financial assistance to cover unexpected expenses related to the child's well-being. — Motion to Modify Child Support to Add Medical Expenses: If the child's medical needs have changed significantly, this motion can be filed to increase the child support to cover the additional medical costs. 5. Legal Process and Requirements: To successfully modify a divorce decree, the filing party must gather and present sufficient evidence to prove the substantial change in circumstances. This evidence may include: — Updated financial document— - Documentation of significant income changes — Updated information regarding the child's needs — Evidence of changes in the cost of living or healthcare expenses Conclusion: The Kentucky Motion to Modify or Amend Divorce Decree allows parents to request an increase in child support payments when significant changes in circumstances occur. Understanding the different types of motions that can be filed and the necessary evidence to support the case is critical for successfully navigating this legal process in Kentucky. Keywords: Kentucky Motion to Modify or Amend Divorce Decree, increase in child support amount, grounds for filing, types of motions, legal process.
