Often, agreements provide provisions that allow for future modification. The simple fact is that no agreement can cover every aspect or circumstance that life throws at us. The three most common modifications that occur are modification of the child support order, modification of the child custody order, and modification of timesharing.
Typically, there needs to be a material change in gross income in order to modify the child support order - the circumstances at the time of the filing of a motion or petition for modification of the child support order need to be equal to or greater than 15%.
When seeking a modification of a child custody order, the court considers the best interest of the child. However, no motion to modify a custody decree in Kentucky can be made before two years from the date of its order, unless the court permits it to be made because there is reason to believe that the child's present environment may seriously endanger their physical, mental, moral, or emotional health or the custodian appointed under the prior decrees has placed the child with a de facto custodian.
Finally, modification of timesharing is most often based on the best interest of the child, and the circumstances involving each of the parties. The fact is, most orders and agreements lose relevance over time - parents lose jobs, relocate, work different hours, etc. Modification of the timesharing agreement can help keep these agreements up-to-date.
If you are wanting to modify an existing child support, child custody, or timesharing order, contact us in order to schedule a free consultation.
Modification of existing orders or agreements can be complex. As time goes on, many initial agreements lose its relevancy.
Both contested divorces and uncontested divorces can be stressful. However, most divorces do not go to trial and many can be settled prior to filing for divorce.
Children represent a major part of our life. Since 2018, Kentucky has a rebuttable presumption for joint custody and equal timesharing.
More and more couples are filing for divorce without hiring an attorney. Consulting allows for the same level of guidance without the typical costs of an attorney.
Raising a child can be extremely expensive. You shouldn't have to shoulder the burden alone.