On behalf of The Berger Firm
When Your Divorce Agreement Starts Holding You Back
Situations change. People grow. New opportunities arise. You should know a divorce from your past does not have hold you back from making the most of your future life.
Kentucky statute allows modification of several terms of your divorce agreement under certain conditions. Some of the more common changes have to do with child custody, child support and spousal support agreements.
One common situation is when a custodial spouse has an opportunity to work in a different state. Obviously, this type of change has a profound effect on the other parent’s ability to see their child. The court would typically reassess the best interests of the children in these cases.
Losing work may also have an effect on child support. The process of altering these types of orders is somewhat complicated and usually requires that the party applying for the modification shows a specific economic need for the changes. The court operates from the principle that children should be supported to the best of the parents’ ability, not that parents should experience extreme hardship to meet previously acceptable support payment levels.
Spousal support operates on a similar principle as does child support. In short: Kentucky courts may modify both types of agreements if applicants demonstrate a qualifying need.
Modifications work both ways. Both the paying and the receiving party may apply for changes to the documents. For example, you could ask for more child support if a child’s needs changed or ask to pay less if you lost your job.
Until such a time as these changes become official, it is usually a good idea to prioritize these payments. Official debts, such as child support back payments, are notoriously difficult to discharge. Keeping current on them until you could secure a better arrangement would probably be a good step towards maintaining your financial health.