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child support modification question...in ky

lmdavi0's picture

if we just had a review a few months ago, can bb get another one or do you have to wait three years? dh just got a job with the post office and it's not that we don't want to give more support to sd...it's the fact that bb doesn't spend any on sd (at least not in clothes or other necessities!). so once bb finds out about dh's awesome job, can she ask for another modification?
thanks!

Comments

PPV40's picture

We have had to write to the court any time we change anything (Phone number, address, babysitter, or jobs) the court says any thing over 5% they may make changes... that's this state(NH) Good Luck!

bonusmom's picture

In our state you can only have a modification every 3 years no matter what so I would get online and check it out Im in MO...I feel for ya been there done that...

papergirl31128's picture

it has to be over a certain amount or every three years-she may try to go back but usually they won't look at it unless it has been 3 years. Good Luck-

Krissy's picture

Your profile says you're in KY--looks like they do a standard review every 36 months. Also, I found this:

"A child support award may only be modified upon a showing of a material change of circumstances which would result in a fifteen percent (15%) change in the amount of support paid. KRS 35.403.211"

So, since KY uses the shared income model, get the original worksheet out and replace DH's old salary with his new one. See what the difference is as compared to what the monthly obligation is now, and then you'll know whether or not the change is more than 15%. If it is, a mod may be granted as the increase in income will qualify as "a material change". DH might be ordered to give her backpay retro to the date of his new salary IF it qualifies as a material change/if the increase would be more than 15% of the original order per mo/year.

It is not clear, at least to me, if she acn file BEFORE the 36 mo. or if the material change is only applied when the 3 yr. review is done. In PA, CP can file whenever there is a material change. I'd call the domestic division of the court and ask the customer service rep--they'll be able to clarify.

Hope that helps!

Anonymous's picture

In my state, you can go back every 6 months for modifications. So, if you have a modification done on visitation and increase your parenting time every 6 months, than the child support can be adjusted equally at the same time to accommodate the more or less time factor. Might check your state. If it's purely for child support, than I think it's longer, but if you focus on the length in time you have custody, than you can modify the child support to allow for the extra time you were granted (or pay more for less time). So, that's one way around it.