Post-Decree Modifications In Kentucky
When a judge finalizes your divorce, the decree reflects your circumstances as they existed at that time, from your income to your children’s needs. However, those circumstances can change dramatically.
A job loss can make existing support payments unmanageable. A parent may need to relocate for work or family. A child may have certain medical or educational needs as they grow. When those changes are real and lasting, Kentucky law gives you a legal path to address them. At the McGee Law Office, attorney William F. McGee can evaluate your situation and guide you through the modification process.
The Kentucky Standard: Substantial And Continuing Change In Circumstances
Courts do not modify divorce orders lightly. Under Kentucky law, the change you are asking the court to recognize must be both substantial and continuing. This applies to situations such as:
- A job loss or notable reduction in income
- A parent’s relocation, particularly if it impacts the custody or visitation arrangement
- Changes in a child’s health, educational needs or safety
- A parent’s remarriage, which can affect maintenance obligations
- A meaningful decline in a parent’s health or caregiving capacity
Not every change qualifies. For alimony or spousal maintenance specifically, the bar is high: the change must be serious enough that enforcing the original terms would be unconscionable.
Modifying Child Support, Alimony And Custody In Kentucky
If you meet the “substantial and continuing” standard, you can request a post-decree modification of the following court orders:
- Child support: Kentucky calculates child support using a state formula. If running that formula with your current income produces a monthly amount that is at least 15% higher or lower than what your current order requires, you can qualify for a modification.
- Alimony: The change in your circumstances must be severe enough that continuing to enforce the original terms would be fundamentally unjust.
- Child custody: There is a two-year waiting period before you can request a custody modification, unless your child’s current situation poses a serious risk to their health or safety. If the court does grant a modification, it starts from the position that joint custody and equal parenting time are in the child’s best interests.
If you are unsure whether your circumstances qualify, attorney McGee can help. He will review your situation, explain what the court will need to see and guide you through every step of the process.
Talk To A Trusted Family Law Attorney Today
Is your divorce decree no longer working for you? Learn what your legal options are. At the McGee Law Office, every client works directly with attorney McGee from the first conversation through resolution. Call us today at 270-854-1885 or send us an email to schedule a consultation.