Post Decree Changes to Child Support or Maintenance
Modifications to a Kentucky divorce decree require legal skill and experience. The old saying that “change is the one constant in life” definitely applies after divorce in Louisville. Changes in your or a former spouse’s life circumstances or the lives of your children may justify a post-decree modification of divorce orders involving:
Post-Decree Modification of Child Custody or Support Orders
There are multiple reasons for requesting modifications to a Kentucky divorce decree such as changes in child custody or support orders. Kentucky family law courts will look for a “substantial change in circumstances” in the life of one or both of the parties. These can include a significant change in income or the loss of a job, relocation, illness, or the welfare of a child. If both spouses were employed at the time of the termination of the marriage and one loses their job, this may be considered a “substantial change” requiring modification in the existing child support orders.
A substantial increase in income and quality of living may justify a request of the court to increase child visitation and parenting time. If there are issues such as drug or alcohol abuse, neglect or issues of safety a representative of the court may be appointed to study the issue and make recommendations for modification which the Court will agree to hear.
There are too many reasons to list here, but a modification can be sought due to changes in a child’s academic success or behavior at school, obstruction of parenting time, or health concerns. It is a myth that an older child may request to change parental residence. This is not considered just cause for a modification request. The wishes of the minor may be considered by the Court, but are usually not enough on their own to warrant a modification.
Post Decree Modification of Maintenance in Kentucky
Modification of maintenance in Kentucky a complex legal matter. The continuing jurisdiction of the family law court and the authority to make modifications is usually established in the original divorce decree. In some cases it may prohibit changes to the orders once the decree is issued. If the Court maintained jurisdiction, post decree maintenance modifications may be requested.
When our courts award maintenance it is usually “permanent” which means until the former spouse remarries, dies or enters a substantial cohabitation, or it is classified as a “lump sum.” When maintenance is determined to be a “lump sum” it is usually actually paid out over time in the form of a monthly payment. For many years lump sum maintenance awards could not be modified. A recent Kentucky Supreme Court case has created the basis for requesting a modification when the changes in circumstances of the parties is quite significant, or if the change makes the original award “unconscionable.”
Experienced Post Divorce Decree Modification Lawyers
Have the circumstances surrounding your child custody, parenting time, child support or maintenance orders changed in a substantial way? Are you considering seeking a request for modifications to a Kentucky divorce decree? The experienced post divorce decree modification lawyers at Dodd & Dodd Attorneys, PLLC can help you to successfully seek and obtain the changes you seek. We invite you to review the comments of our clients and contact us or call (502) 584-1108.