When raising a child, both parents have a financial obligation to help and support them. For the custodial parent, they meet this obligation by directly spending their time and money on the child. Generally, the non-custodial parent sends child support payments to the other spouse to meet their financial responsibility.
Either parent can petition the court to modify the amount of child support, but each state has different guidelines on how often a parent can make this request. Typically, to change the amount of support, the petitioner will have to prove that there was a substantial change in circumstances.
What does a “change in circumstances” mean exactly?
A change in circumstances happens when there is a substantial change in the child’s needs, including loss of employment or a significant income change for either parent. A change in circumstances can cause the amount of child support to increase or decrease.
Will the court approve my request to modify payments?
One of the reasons child support exists is to allow the child to live in reasonably equal environments when with each parent. This suggests that your request may have a good chance at receiving approval if you can show that your ex-spouse has received a considerable increase in their income. In Kentucky, the change in your ex-spouse’s income must be at least an increase of 15 percent in order for the court to accept your request.
Consider speaking with a family law attorney if you are thinking about requesting a change in child support payments. An attorney can help you gather the evidence you need and make sure your request includes all the relevant information needed for the court to approve it.